In my post of Friday, 12th June, 2015, I left my readers with the question as to what option is the petitioner in our scenario left with if the Lagos State Environmental Protection Agency fails or omits to act despite receiving the petition. Read the post on my Facebook wall or at www.mylegalgists.blogspot.com for a recap. I shall now address the issue.
THE LEGAL POSITION
The Federal High Court or the High Court of any state reserves the power to order any government agency or institution within its jurisdiction to perform its statutory duty which it fails or refuses to perform upon application by a concerned individual. This order is part of court's power to review government agencies' or institutions' administrative functions and it is technically referred to as an order of mandamus
In our scenario, the petitioner can approach the High Court of Lagos State to obtain an order of mandates compelling the Lagos Environmental Protection Agency to perform its statutory duty if it fails or omits to act on the petitioner's petition in the circumstances.
Thank you for your attention.
See you tomorrow.
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