APPELLATE PRACTICE — Exercise of Discretion — Meaning of Judicial Discretion
Ratio Decidendi
Per Oputa, JSC, in United Bank for Africa v. GMBH & Co. (1989) 3 NWLR (Pt.110) 374; adopted by Chukwuma-Eneh, JSC, in Minister of Petroleum And Mineral Resources & Anor v. Expo-Shipping Line (Nig.) Ltd. (2010) NLC-123-1-2003(SC) at p. 5, paras. E–F:
"Discretion is thus not an indulgence of a judicial whim, but the exercise of judicial judgment, based on facts and guided by the law or the equitable decision."
Explanation / Scope
This principle defines judicial discretion as the exercise of judicial judgment based on facts and guided by law or equitable decision, not a judicial whim. The principle applies where discretion is exercised. It ensures that discretion is exercised properly. The principle reflects the nature of judicial discretion. It prevents arbitrary decisions. The court must base discretion on facts and law. The principle provides guidance on the meaning of judicial discretion.