LEGAL PRINCIPLE: CIVIL PROCEDURE — Appellate Practice — Appellate Court Will Interfere with Exercise of Discretion Only Where Wrongly Exercised
PRINCIPLE STATEMENT
For an appellate court to interfere with the exercise of discretionary power vested in the courts below, it must be shown how that power was wrongly exercised to justify intervention.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Alsthom S. A. & Anor v. Saraki (2005) NLC-1201996(SC) at p. 10; Paras D–E.
"The true principle I believe, is that, for an appellate court to interfere with the exercise of the discretionary power vested in the courts below, it must be shown how that power was wrongly exercised to justify the intervention of the appellate court."
EXPLANATION / SCOPE
Appellate courts defer to trial courts’ discretionary decisions unless the discretion was wrongly exercised. The appellant must demonstrate clear error or abuse. The principle applies to appellate practice. The rule respects the trial court’s advantage and limits appellate interference. Mere disagreement with the outcome does not justify intervention. The appellate court will not substitute its own discretion for that of the trial court.
