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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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)
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.
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
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)
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)
Circumstances that could warrant such a visit include the following: where there is a conflict of evidence as to the existence or otherwise of something material to the case and such a visit would resolve the conflict in evidence or would clear a doubt as to the accuracy of any piece of evidence on the subject, Seismograph Service (Nigeria) Ltd. v. Akporuovo [1974] 6 SC 119, 128; Seismograph Service (Nigeria) Ltd. v.Ogbeni [1976]4 SCNLR 5, 104 -105; Ipinlaiye ll V Olukotun [1996]6 NWLR (pt. 453) 148; Atumeyi v. Achimugu (1980) NMLR 90, 92.
– Nweze JSC. Abdullahi v. Adetutu (2019)
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