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SECTION FOUR

JUDICIAL REVIEW OF DIRECTIVES AND ADMINISTRATIVE DECISIONS

SUB-SECTION ONE INITIATION OF REVIEW

48. Filing of Petition for Review

Without prejudice to the Provisions under Article 46 of this Proclamation :

1/ Any interested person may file a petition requesting a judicial review of a directive;

2/ Anyone whose interest is affected by an administrative decision may file a petition requesting judicial review.

49. Power of Review

1/A petition to review directives or administrative decisions shall be submitted to the Federal High Court and the decision of the Court will be final.

2/ Notwithstanding the stipulation under Sub- article

(1) of this Article, a decision of High Court directive may be appealed to the Federal Supreme Court.

3/The Federal High Court shall establish special benches dedicated to handle petitions for judicial review of administrative acts.

SUB-SECTION TWO PRINCIPLES OF REVIEW

50. Grounds of Review

1/ A Directive will be revoked by the Court where

a) It is proved to have failed to comply with the procedural rules provided in Chapter Two of this Proclamation;

b) It is ultravires; or

c) It is contrary to other laws placed higher in the Hierarchy of Laws.

2/An administrative decision may be revoked if it is made in violation of the Principles provided under Chapter Three of this Proclamation.

51.Petition of Review of Decisions

A Judicial Review may only be sought against a final decision of an agency.

52. Exhaustion of Remedies

1/ Unless otherwise provided by law, a petitioner for

Judicial Review is required to exhaust all remedies available within the Agency before petitioning the court for judicial review.

2/ Notwithstanding the rule under Sub Article (1) of this Article, where there is an undue delay on the part of the agency to provide remedies, the obligation to exhaust remedies will not apply.

SUB-SECTION THREE PROCEDURE OF JUDICIAL REVIEW

53. Period of Limitation on Petition for Judicial Review

1/ A petition under Article 50 Sub Article 1 (a) to review a directive shall be submitted within 90 days after the adoption of the directive.

2/ A petition under Article 50 Sub Article 1 (b) or (c) to review a directive can be submitted any time.

3/ A petition to review an administrative decision shall be made within 30 days after the petitioner was notified of the decision .

54. Written Response

Where the court finds that the petition for review has the merit, court shall give to the agency against whom a petition of review had been filed an opportunity to submit a written response with 15 days.

55. Submission of Records,

The court may order the agency against whom a review petition is being considered to submit records relating to the directive or administrative decision under consideration.

SUB-SECTION FOUR DECISION OF JUDICIAL REVIEW AND EXECUTION

56. Judgment of Judicial Review

1/ The Court shall investigate the petition of review and render its decision within the shortest possible period of time.

2/ The Court may confirm; or partially or fully reverse the administrative decision or directive submitted for review .

3/ Where the court renders a decision which partially or fully invalidate the administrative decision or directive, it may also order the administrative agency to revise or reenact the directive or reconsider its administrative decision by rectifying the shortcomings identified through the court’s decision.

57. Execution of the Decision

1/The decision of the Court to uphold or invalidate a directive or and administrative decision shall be executed immediately.

2/Where the Court renders a decision for the revision of an administrative decision or directive, the administrative institution shall do the same in an appropriate time, by giving due consideration to the Provisions provided under Chapters Two and Three of this Proclamation.

3/ The judgment of the Court fully or partially invalidating a directive or administrative decision, or an order of amendment shall, either fully or partially, revoke the legality of such directive or decision.

4/Notwithstanding the rule under Sub Article (3) of this Article, decisions of an administrative agency made on the basis of a revoked directive prior to the ruling of the court shall stay valid.

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