Ratio Decidendi

Per Mukhtar, JSC, in Iyoho v. Effiong Esq & Anor (2007) NLC-123-326-2001(SC) at pp. 8ā€“9; Paras Dā€“A:

"Where leave is sought to apply for an order of certiorari to remove for the purpose of its being quashed any judgment, order, conviction or other proceedings which is subject to appeal and a time is limited for the bringing of the appeal, the court may adjourn the application for leave until the appeal is determined or the time for appeal has expired."
View Judgment ā†’

Explanation / Scope

Where a decision is subject to appeal, an application for certiorari may be adjourned until the appeal is determined or the time for appeal has expired. This ensures that certiorari is not used to bypass the appellate process. The court exercises discretion in such applications.

Cases Applying This Principle

Madam Akon Iyoho v. E.P.E. Effiong Esq & Anor