LEGAL EFFECTS OF THE ABUSE OF DISCRETIONARY POWERS BY JUDICIAL OFFICERS

Abstract

In the absence of existing legislative promulgation, the Nigerian Courts attempt to create fresh rules and theories which are having no exact or direct link or root to any existing enactment, in-order to fill the vacuum left by legislation. This attempt invariably clothes the courts with discretionary powers which are not provided for statutorily. These powers of judges well founded in convention and practice of our legal system is often regulated either by law, or by the same conventions, practices and principles of law to prevent abuse. In exercise of power to grant or refuse applications whether pre-trial, interlocutory or post-trial by a court, it is however subject to the unfettered discretionary power of the arbiter. Thus, this limitless discretion must take into account the competing interest of parties to justice and must be exercised constitutionally, judicially and judiciously. This paper’s aim and objective is to examine and evaluate the boundless powers of the judicial authority which are sometimes abused, or misapplied; vis a vis the gradual simultaneous growth of the legal effects of the abuse of such judicial discretional authority. Finally, recommendations are proffered on how to checkmate the further abuse of discretionary power by judges, and a position is taken as to whether discretionary power should be limitless and unfettered.