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APPELLATE COURT WILL ORDINARILY NOT INTERFERE WITH THE DISCRETION OF THE TRIAL COURT

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Where the trial Judge in his Judgment thinks it is proper to exercise his discretion in a particular way, an Appellate Court would ordinarily not interfere with the exercise of such discretion unless it is established that the discretion was exercised in total disregard to the materials before the Court. A judicial and judicious exercise of discretion by a trial Court cannot to be set aside by the Appellate Court, but where the Lower Court acted under a misconception of the law or under a misapprehension of facts or where such exercise of discretion occasioned a miscarriage of justice against the Appellant, the appellate Court will readily intervene to redress the wrong, an Appellate Court will however not interfere with the decision of the trial Court merely because it would have exercised such discretion differently.

— T. Abubakar JCA. Olukoya Ogungbeje Esq. v. EFCC (CA/L/1408/2017, 18 Jul 2018)

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COURTS OF LAW EXERCISE DISCRETION ACCORDING TO RULES OF LAW

Judges and Courts exercise their discretion in accordance with rules of law and justice 42 and not according to private opinion. An exercise of discretion is a liberty or privilege to decide and act in accordance with what is fair and equitable under the peculiar circumstances of the particular case, guided by the spirit and principles of law.

— H.M. Ogunwumiju, JSC. UBA v Triedent Consulting Ltd. (SC.CV/405/2013, July 07, 2023)

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COURTS WILL NOT BE SILENT EVEN WHERE THERE IS DISCRETION ON EXECUTIVE

The decision of the House of Lords in Attorney-General v. De Keyser’s Royal Hotel Limited (1920) A.C. 508 – dealing with the issue of payment of compensation by the Crown to a subject in respect of property requisitioned for the prosecution of the war – established the principle that in the protection of the property of the subject, the Crown was liable to pay compensation to the subject for the acquisition of the property, the exigencies of the war notwithstanding. Even amidst the clash of arms, they said, the courts would not be silent.

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POWER TO TRANSFER CASE TO ANOTHER DIVISION IS DISCRETIONARY – FHC

There is no doubt that the starting point with regards to the territorial jurisdiction of the Federal High Court is the statutorily codified and judicially noticed principle that the jurisdiction of the Federal High Court is one and nationwide. It is also however settled that same has been divided into Judicial Divisions and where a crime has been committed, such crime ought to be prosecuted in the Judicial Division of the Federal High Court in the State or States where any of the elements of the crime was allegedly committed, or one that is close to it, subject to the power of transfer, by which a matter may be tried outside the State of commission upon compelling reasons to so do. The foregoing is in my view the import of the Provisions of Sections, Section 45 of the Federal high Court Act; and Sections 93, 98, 385, 386 of the Administration of Criminal Justice Act, 2015, relied on by both parties. — J.Y. Tukur, JCA. Fani-Kayode v. FRN & Ors. (2019) – CA/L/722C/2018

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DISCRETIONARY POWERS JUDICIALLY EXERCISED

Discretionary powers judicially and judiciously exercised cannot be interfered with. One must let the decision of the lower court be. – M.D. Muhammad, J.C.A. Shona-Jason v Omega Air (2005) – CA/L/418/2000

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APPELLATE COURT INTERFERENCE WITH TRIAL COURTS DISCRETION

It needs to be emphasised here that an appellate Court will usually not interfere with an exercise of discretion in its quest to obtain substantial justice except where it is satisfied that the discretion was exercised arbitrarily or illegally or without due regard to all necessary consideration having regard to the circumstances of the particular case. – Nweze JSC. Abdullahi v. Adetutu (2019)

Even then, it is well – established that an appellate Court will not, in principle, interfere with the exercise of discretion by the trial Court unless that discretion is shown to have been exercised upon wrong principles or that the exercise was tainted with some illegality or substantial irregularity. – Nweze JSC. Abdullahi v. Adetutu (2019)

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RENEWAL OF OIL MINING LEASE II (OML II) IS DISCRETIONARY

The renewal of Oil Mining Lease II (OML II) falls squarely within the powers and discretion of the Honourable Minister of Petroleum Resources and the renewal of such lease may be with new terms and conditions. The Appellants have offered to renew the Oil Mining Lease for the Respondent on new terms and conditions. The Respondent refused and failed to accept the offer. The Respondent cannot dictate to the Appellants, the terms and conditions under which the renewal of the lease could be crystallized. The 1st Appellant acted within his powers and in accordance with the Petroleum Act, 2004 earlier referred to. The lower Court greatly erred in law in deciding the questions raised for determination and the reliefs sought against the Appellants.

– OLABISI IGE, JCA. Petroleum Resources v. SPDC (2021)

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