Judicial Discretion: What Does It Mean

Judicial Discretion: What Does It Mean?

S.T. Afolabi Esq.

If you are well conversant with the court and it’s proceedings, the phrase “Judicial Discretion” should ordinarily not be new to you.

The phrase is often used by lawyers and judges as ministers in the temple of Justice.

The Supreme Court of Nigeria defined the phrase in the recently decided case of OWNERS OF THE MT “MARIGOLD vs. NIGERIAN NATIONAL PETROLEUM CORP. & 1 OR. [2022] 7 NWLR (Pt. 1828) 174.

The definition was eloquently captured by His Lordship MOHAMMED LAWAL GARBA, J.S.C. who read the leading Judgment as follows;

“Judicial Discretion, in its general usage, is the power and freedom to decide what should be done in a particular situation or the exercise of judgement by a Judge or court based on what is fair under given circumstances and guided by rules and principles of law. It is a court’s power to act or not to act when a litigant is not entitled to demand the act as a matter of right. In effect, the exercise of discretion involves a consideration of surrounding facts and circumstances.”

In others words, the exercise of Judicial Discretion is based on the fact placed before the court by the parties and the surrounding circumstances.

It should be noted that in exercising this discretion, the court has always been urged to exercise it judicially and judiciously.

Suffice it to say the exercise of Judicial Discretion is at the discretion of the court at all times and must aim to achieve substantial justice.

MY AUTHORITIES:

1. OWNERS OF THE MT “MARIGOLD vs. NIGERIAN NATIONAL PETROLEUM CORP. & 1 OR. [2022] 7 NWLR (Pt. 1828) 174.

2. AKINYEMI vs. ODU’A INV. CO. LTD. (2012) 17 NWLR (Pt. 1329) 209.

3. OWNERS OF M.V. LUPEX vs. NIGERIA OVERSEAS CHATTERING & SHIPPING LTD. (2005) 15 NWLR (Pt. 844) 469

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