APPELLATE PRACTICE — Discretion of Court — Interference by Appellate Court — When Justified
Ratio Decidendi
Per Onnoghen, JSC, in Minister of Petroleum And Mineral Resources & Anor v. Expo-Shipping Line (Nig.) Ltd. (2010) NLC-123-1-2003(SC) at p. 20, paras. A–B:
"An appellate court, as this court, will not interfere with the exercise of discretion of a lower court simply because faced with a similar application and circumstance it would have exercised the discretion differently. The duty of an appellant who appeals against the exercise of discretion by a lower court is to satisfy the appellate court that the lower court did not exercise its discretion judicially and judiciously."
Explanation / Scope
This principle establishes that an appellate court will not interfere with a lower court’s exercise of discretion simply because it would have exercised it differently. The appellant must show that the discretion was not exercised judicially and judiciously. The principle applies where discretionary orders are appealed. It ensures that appellate courts respect lower courts’ discretion. The principle reflects the limited scope of appellate review of discretion. It prevents unnecessary interference. The court must find an exception. The principle provides guidance on appellate interference with discretion.