Counsel for the Respondent has urged this court to uphold the decision of the lower court
not to interfere with the trial judge's discretionary life sentence imposed on the Appellant
and submits that both the trial court and the lower court had exercised their discretionary
powers judicially and judiciously. .
Counsel refers to several cases from Nigeria which support pronouncements made in
decisions of courts in this jurisdiction that a judicial discretion ought
to be exercised
I
judicially and judiciously. He makes reference to the definition of "discretion" in Black's
Law Dictionary, 6th Edition, 1990, quoted in the Nigerian Supre'me Court case of SULEMAN
V COP (2008) S N C C, as it applies to "public functionaries", but ·R!iefer that contained in
the 7th Edition of Black's Law Dictionary in relation to,"]vdicial discretionary" defined as-
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"The exercise of judgment by a judge,or court'tbased1 on what is fair under the
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circumstances and guided by the rules i:m p principles of law; ..."
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The principles guiding the exercislbf a discretion by if court have been adequately stated
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in many cases both within and !·outside this jurisdiction.
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In a recent unreported case
before this court, COLONE IN,,BO,ADGIE RS AND THE STATE, Crimina.! Review
No 1- 7/2011, I had the opportunity to pronounce on this matter thus-
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"The t e'1ercise of a co ut's
. discretion is a matter entirely for the determination of the
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court; no arguments need! be heard on that, it can be exercised suo moto. But, it
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•,l11s1!hsettled11tllhlhlt.t. the d'1scr Jte1'··on must be exerc1.sed . JU
d'1c.1ousIy and . JU
d'1e.1aII y, tak'mg a II
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the'circ
umstances of the case into consideration. It is also settled that reasons for
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the exerci\1 of the discretion ought to be proffered, for it is on the basis of those
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the exercise can be adjudged either judicial and judicious or
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1111!111 ill!ap iciou.r:''
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My brother Justice Semega-Janneh JSC, sitting as a single judge, in his Ruling on an
' appnttion lor a stay of execution in Civil App. No: 18/2012, NJOGOU SAER BAH
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(TRADING AS BOUTIQUE SAER AND STANDARD CHARTEREBANK (6AMBIA) LIMITED
SC NO. 212012
1FAMARA
SAIDYKHAN VS THE STATE- 7T 11 MAY 2015
Page 110
Ill!
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