Judiciary-Poetry-Logo
JPoetry

DISCRETIONARY POWERS JUDICIALLY EXERCISED

Dictum

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

Was this dictum helpful?

SHARE ON

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

Was this dictum helpful?

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)

Was this dictum helpful?

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

Was this dictum helpful?

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.

Was this dictum helpful?

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

Was this dictum helpful?

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)

Was this dictum helpful?

No more related dictum to show.