Ratio Decidendi

Per Onnoghen, JSC, in CNB v. Amao & Ors (2010) NLC-123-168-2007(SC) at p. 17; Paras A–B:

"The above rule clearly shows that the High Court has the vires under judicial review to grant declaration etc based on affidavit evidence filed in support of the application as required by the Rules of Court."

Explanation / Scope

This principle establishes that declaratory relief can be granted on affidavit evidence in judicial review proceedings. The High Court has the vires (power) to do so under the Rules of Court. The principle applies in judicial review applications. It ensures that declaratory relief is accessible without oral evidence. The principle reflects the summary nature of judicial review. It prevents unnecessary delay. The court must consider the affidavit evidence. The principle provides guidance on the procedure for declaratory relief in judicial review.

 

Cases Applying This Principle