APPELLATE PRACTICE — Certiorari — Alternative Remedy — Relationship Between Certiorari and Appeal
Ratio Decidendi
Per Onnoghen, JSC, in ACB Plc v. Nwaigwe & Ors (2011) NLC-123-35-2001(SC) at p. 10; Paras A–B:
"Certiorari is an alternative remedy to any appeal and consequently both remedies cannot be resorted to by an aggrieved party simultaneously as was done in the instant case. To do so is a clear case of abuse of process of the court. When something is said to be an alternative to another, it means you cannot have both of them at the same time or at all."
Explanation / Scope
This principle establishes that certiorari is an alternative remedy to an appeal, and both cannot be resorted to simultaneously. Doing so is an abuse of court process. The principle applies where a party pursues both remedies. It ensures that parties elect one remedy. The principle reflects the meaning of an alternative remedy. It prevents simultaneous pursuit of both. The court must not allow such abuse. The principle provides guidance on the relationship between certiorari and appeal.