APPELLATE PRACTICE — Judicial Discretion — Definition and Nature — Independence from Party Consent
Ratio Decidendi
Per Fabiyi, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at p. 18; Paras A—C:
"Judicial discretion is a sacred power which inheres to a judge. It is an armour which the judge should employ judicially and judiciously to arrive at a just decision. Same should not be left to the whims and caprices of a party to the action. It is not in tandem with the dictates of public policy which demands, inter alia, that administration of justice shall be discharged without any form of prompting by the parties. Discretion had been defined to mean 'a power or right' conferred upon public functionaries by law of acting officially in certain circumstances according to the dictates of their own judgment and conscience, uncontrolled by the judgment or conscience of others."
Explanation / Scope
This principle defines judicial discretion as a sacred power inherent in a judge, to be exercised judicially and judiciously, not subject to the whims of parties. The principle applies where discretion is exercised. It ensures that discretion is independent. The principle reflects the nature of judicial discretion. It prevents parties from controlling discretion. The court must exercise discretion independently. The principle provides guidance on judicial discretion.