APPELLATE PRACTICE — Precedent — Discretionary Decisions — No Binding Authority
Ratio Decidendi
Per Fabiyi, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at p. 18; Paras E—A:
"In matters of judicial discretion, since the facts of two cases are not always the same, this court does not make it a practice to lay down rules or principles to fetter the exercise of its discretion or that of the lower courts. In matters of discretion, no one case is authority for the other. A court cannot be bound by a previous decision to exercise its discretion in regimented way, because that would be as it were, putting an end to discretion."
Explanation / Scope
This principle establishes that in matters of judicial discretion, no case is authority for another, and courts are not bound by previous discretionary decisions. The principle applies where discretionary decisions are made. It ensures that discretion is not fettered. The principle reflects the flexible nature of discretion. It prevents rigid application of precedents. The court must exercise discretion based on the facts. The principle provides guidance on precedent in discretionary matters.