Even though costs follow events,there shall be no order on costs.
— O. Ariwoola, JSC. African Intl. Bank Ltd. v Integrated Dimensional System (2012) – SC.278/2002
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Both sides have failed or succeeded in parts on this appeal and it is fair to desist from making any order as to costs.
— Coker JSC. Shell Bp Petroleum Dev. Co. v. Jammal Engineering (Nigeria) Limited (1974)
A successful party is entitled to costs unless there are special reasons why he should be deprived of his entitlement. In making an award of costs, the Court must act judiciously and judicially. That is to say with correct and convincing reasons. See Per RHODES-VIVOUR, JSC in NNPC V. CLIFCO NIG. LTD (2011) LPELR-2022(SC) (P. 23, PARAS. D-A).
— U.M. Abba Aji, JSC. Cappa v NDIC (2021) – SC.147/2006
The award of costs involves a judicial discretion which must be exercised judicially and judiciously on fixed principles that is according to rules of reason and justice not according to private opinion. See Wurno v. VAC Ltd. (1956) I FSC 33 at 34. The exercise of such discretion must similarly not be affected by question of benevolence or sympathy. The award of costs is not meant to be a bonus to the successful party and should not be awarded on sentiment. See Universal Bank of Nigeria Ltd. v. Nwaokolo (1995) 11 Kings Law report (KLR) 919. Rewani v. Festus Okotie-Eboh (1960) 5 FSC 200 at 207. It follows therefore that the discretion of the court in awarding costs must be judicially and judiciously. It is an acceptable practice in law for appellate court not to interfere with the exercise of discretion by lower courts. In this regard appellate courts seldom interfere with the exercise of discretion in awards of costs except where such discretion is not exercised judicially and judiciously. See Nwaubani v. Golden Guinea Breweries Plc. (1995) 6 NWLR (Pt 400) page 191. A trial judge has discretion whether to award costs or not and also as regards the person by whom the costs are to be paid.
— Abdu Aboki JCA. ACB v Ajugwo (2011) – CA/E/66/2006
Before I round off, learned senior counsel for the Appellant has urged this court to set aside the costs of #5 million awarded against J.O. Olotu, Esq, counsel who settled the Appellant’s brief at the lower court. Without belabouring the point, let me state clearly that the Appellant has not placed before this court, any tenable reason or argument why the lower court’s order as to costs should be set aside or interfered with. Hence, the Appellant’s prayer in that regard is refused.
— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023
As the respondents filed no brief nor participated at the hearing of the appeal, I make no order as to costs. – Ogundare JSC. Iragunima v. Rivers State (2003)
Assessment of the amount allowed in terms of the award of costs is the responsibility of the Court who determines what reasonable costs in the circumstances are. And when the Court in exercise of its discretion orders the costs payable and does so without being capricious id est in the sense that it is ordered in honest exercise of his discretion.
– P.O. Elechi, JCA. Emori v. Egwu (2016) – CA/C/259/2013
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