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OBASEKI, JSC (Delivering the Leading Judgment): This appeal raises two important questions which will continue to be debated in legal circles for a long time. The 1st question touches the locus standi of the appellant to initiate and institute these proceedings in the High Court. In other words, has the appellant established his locus standi entitling him to seek leave of the High Court to apply for an order of mandamus.
The second question concerns the quantum or sufficiency of the facts deposed to and placed before the High Court in an application of this sort. In other words, are the facts in the affidavit evidence sufficient to warrant the grant of leave to apply for the order of mandamus and serve the respondent with notice of the application? Did the applicant make out a prima facie case of failure by the respondent to carry out his statutory duty?
These two questions, simple as they are on paper, evoked learned legal arguments from the appellant's counsel which took us to an eā¦