Exercise of judicial discretion

• Pages: 564-564

564

Paras. 1076-1080 560

what the Tribunal did.” Per Ubaezonu, J.C.A., in Orizu v. Uzoegwu (1999) 6

N.W.L.R. (Pt. 605) 32 at 43.

(66) EXERCISE OF JUDICIAL DISCRETION

1077. Appellate Court’s attitude to exercise of judicial discretion.

“It is settled law that in the exercise of judicial discretion it is not the practice

nor the business of the reviewing Court to attempt to substitute its own view

regarding how the discretion ought to have been exercised by the lower Court.”

- Per Achike, J.C.A., in 7 Up-Bottling Co. v. Abiola & Sons Ltd. (1989) 4

N.W.L.R. (Pt. 114) 229 at 247.

1078. Principle guiding exercise of judicial discretion.

“The guiding principle is that discretion being judicial must at all times be exercised

not only judicially but also judiciously on sufficient materials (University of Lagos

v. Aigoro (1985) 1 N.W.L.R. (Pt. 1) page 143 referred to).” - Per Onalaja,

J.C.A., in N.E.W. Ltd. v. Denap Ltd. Suit No. CA/PH/142/94; (1997) 10

N.W.L.R. (Pt. 526) 481 at 515.

(67) EXHIBITS DURING APPEAL

1079. Exclusion of document admitted as exhibit because it turned against

the party who tendered it.

“It is in this wise that I agree entirely with learned counsel for the respondents

that in law, a document properly tendered and admitted in evidence cannot be

excluded merely because it turned against the party who tendered it.”- Per Onu,

J.C.A., in Emetuma v. Ngwumohaike Suit No. CA/E/154/88; (1993) 3 N.W.L.R.

(Pt.283) 612 at 628.

1080. Trial Court’s to transmit exhibits along with the records of appeal

to the appellate Court.

“The complaint of the learned counsel for appellant that the document was

wrongly rejected by the trial Court for the reason that it was not pleaded is well

founded. It is my view that it was wrongly rejected by the trial Court. The

problem however is that I do not have the benefit of examining the document

since it is not available. I cannot therefore verify the contention of the learned

counsel for appellant that if it had not been wrongfully rejected by the trial Court,

the trial Court would have reached a different decision.” - Per Abdullahi J.C.A.,

in Oyewale v. Oyesoro Suit No. CA/E/154/88; (1998) 2 N.W.L.R. (Pt. 539)

663 at 681.