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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A JUDGE’S DISCRETION: WHAT IS FAIR AND JUST ACCORDING TO THE CIRCUMSTANCE OF THE CASE

I shall, in treating this issue, begin by saying that the line between a proper exercise of judicial discretion and an abuse of that discretion is not readily definable and it may be, that the term “abuse of discretion” means no more than that the decision below fell outside the permissible limits as viewed by the appellate court or that the Court of Appeal is of the opinion that the trial court should have decided otherwise. The resort of “discretion” at all times could turn to be an unruly horse. As Justice William Douglas in State of New York v. United States (1951) 342 US 822, opined at page 884 and I quote: “Absolute discretion, like corruption marks the beginning of the end of liberty.” Lord Simon of Glaisdale expressing the traditional view on the exercise of judicial discretion by a Judge said in D. v. NSPCC (1978) A.C 171 at page 239 and I quote:-. “And if it comes to the forensic crunch … it must be law, but discretion, which is in command.” Summing up the above dicta, in my words of definition, I will say an issue falls within a Judge’s discretion if, being governed by no rule of law, its resolution depends on the individual Judge’s assessment of what is fair and just to do in the particular case. A Judge has no discretion in making his findings of fact, he has no discretion in his rulings of the law. If a Judge, having made any necessary finding of fact and any necessary ruling on law, it seems to me clear that he has to choose between different causes of action, orders, penalties or remedies he then exercises a discretion. Let me reiterate that it is only when a trial Judge reaches a stage at which he asks himself, what is the fair and just thing to do or order in the instant case that he embarks on the exercise of a discretion. However, where the situation is governed by the rule of law, as in the instant case, which touches on admissibility of a document where the provisions of the Evidence Act come into play, although the court may have its own discretion, such discretion must be exercised according to the ordinary principles laid down in the Evidence Act as set out above. Its judicial discretion is founded upon those principles. And if a trial Judge refuses to do so, then the appellate court will set the matter right. See R. v. Stafford Justices (1940) 2 K.B. 33 at 43.

— P.O. Aderemi JSC. Musa Abubakar v. E.I. Chuks (SC.184/2003, 14 DEC 2007)

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EXERCISE OF JUDICIAL DISCRETION IS TO ATTAIN JUSTICE

I would like to add that in the exercise of judicial discretion the primary objective of the court must be to attain substantial justice. Acting judicially imports consideration of the interest of both parties and weighing them in order to arrive at a just and fair decision. See United Spinners Ltd. v. Chartered Bank Ltd. (2001) 14 NWLR (Pt. 732) 195 at 216.

— M. Peter-Odili, JCA. CAC v. Ayedun (2005) – CA/A/152/2004

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WHERE APPEAL COURT WILL NOT SET ASIDE DISCRETION OF LOWER COURT

A court of appeal will not set aside a discretion exercised by the Court below if it is judicially exercised i.e. it is not arbitrary, or based on extraneous or irrelevant materials.

– Nnamani, JSC. Adejumo v. Ayantegbe (1989)

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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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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)

DISCRETIONARY POWERS JUDICIALLY EXERCISED

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POWER TO TRANSFER CASE TO ANOTHER DIVISION IS DISCRETIONARY – FHC

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A JUDGE’S DISCRETION: WHAT IS FAIR AND JUST ACCORDING TO THE CIRCUMSTANCE OF THE CASE

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EXERCISE OF JUDICIAL DISCRETION IS TO ATTAIN JUSTICE

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WHERE APPEAL COURT WILL NOT SET ASIDE DISCRETION OF LOWER COURT

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COURTS OF LAW EXERCISE DISCRETION ACCORDING TO RULES OF LAW

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APPELLATE COURT INTERFERENCE WITH TRIAL COURTS DISCRETION

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