CIVIL PROCEDURE — Judicial Discretion — Exercise of Discretion — Principles Governing
Ratio Decidendi
Per Adekeye, JSC, in UBN Plc v. Astra Builders (W.A.) Ltd (2010) NLC-123-103-2003(SC) at p. 14, paras. A–D:
"An exercise of discretion is an act or deed based on ones personal judgment in accordance with one's conscience, free and unfettered by any external influence or suggestions. A judicial discretion means the power exercised in an official capacity in a manner which appears to be just and proper under a given situation. It must not flow from or be bound by a previous decision of another court in which a discretion was exercised. It is in short an antithesis to the doctrine of stare decisis. There is no hard and fast rule as to the exercise of a judicial discretion by a court for if that happens, a discretion becomes fettered."
Explanation / Scope
This principle defines judicial discretion as the power exercised in an official capacity in a manner that is just and proper, based on personal judgment and conscience, free from external influence. It is not bound by previous decisions and is antithetical to stare decisis. The principle applies where discretion is exercised. It ensures that discretion is not fettered. The principle reflects the flexible nature of judicial discretion. It prevents rigid application of precedents. The court must exercise discretion judicially. The principle provides guidance on the principles governing discretion.