ADMINISTRATIVE LAW ā Judicial Review ā Certiorari and Mandamus Not Available to Challenge Purely Academic Decisions
Principle Statement
The Senate, as the supreme academic authority in the University, has the duty to ascertain thesis quality. Being an administrative or academic act, certiorari cannot lie. Mandamus cannot avail a student who did not pass his degree. Prohibition cannot lie because the decision has already been taken and completed.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Magit v. University of Agriculture, Makurdi & Ors. (2005) NLC-4162001(SC) at p. 14; Paras DāE.
"The Senate, as the Supreme and ultimate academic authority in the University, has and in the instant case leading to this appeal, the duty to ascertain the quality of the thesis placed before it. ā¦ Being an administrative or academic act, an order of certiorari, with respect, cannot lie. A writ of mandamus can also not avail the appellant because, he did not pass his Master's Degree and none was ever awarded to him by the 1st respondent or any other respondent. So also, a writ of prohibition, cannot also lie because, the said decision of the 2nd respondent, has already been taken or completed and therefore, there is nothing to be stopped or prohibited by the court."
Explanation / Scope
Certiorari, mandamus, and prohibition are not available to challenge purely academic decisions of a university. Academic judgments are non-justiciable. The principle applies to administrative law and judicial review. The rule respects university autonomy in academic matters. Mandamus requires a legal right; no degree was awarded. Prohibition cannot undo a completed act.
