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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TRIAL JUDGE DISCRETION FOR LOCUS IN QUO; LOCUS IN QUO

It is clearly at the discretion of the trial Judge to determine whether in the light of the evidence before him, there is need to resolve, by a visit to the locus in quo, the conflict of evidence or clear a doubt as to the accuracy of a piece of evidence when there is such conflict of evidence.

– Nweze JSC. Abdullahi v. Adetutu (2019)

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THE EXERCISE OF DISCRETION IS BASED ON FACTS

In ADIGWE v. FRN (2015) 18 NWLR (pt. 1490) 105 this Court reiterated the point that “the exercise of discretion is not based on mere judgment of the person doing so but upon facts on circumstances necessary for the proper exercise of that discretion”. See also OYEGUN v. NZERIBE (2010) 41 NSCQR 127 at 147.

— E. Eko, JSC. Francis v. FRN (2020) – SC.810/2014

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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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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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COURTS OF LAW EXERCISE DISCRETION ACCORDING TO RULES OF LAW

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

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TRIAL JUDGE DISCRETION FOR LOCUS IN QUO; LOCUS IN QUO

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THE EXERCISE OF DISCRETION IS BASED ON FACTS

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POWER TO TRANSFER CASE TO ANOTHER DIVISION IS DISCRETIONARY – FHC

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APPELLATE COURT INTERFERENCE WITH TRIAL COURTS DISCRETION

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