“Generally, the attitude of appellate Courts to the exercise of discretion by lower courts is that, unless the exercise of discretion by the lower court is manifestly wrong, arbitrary, reckless or injudicious, or where it does occasion miscarriage of justice to the Respondent, the appellate Court would not interfere merely because, faced with similar circumstances, it would have reacted differently: University Of Lagos V. Olaniyan (1985) 1 N.W.LR. (Pt. 1) 156; Williams V. Mokwe (2005) 14 N.W.LR. (Pt. 945) 249 at 269; Enyibros Food Processing Co. Ltd v. N.D.I.C. (2007) 9 N.W.LR. (Pt. 1039) 216. 

PER E.EKO, J.S.C IN THE CASE OF COUNTY & CITY BRICKS DEVELOPMENT COMPANY LTD VS HON. MINISTER OF ENVIRONMENT HOUSING & URBAN DEVELOPMENT & ANOR:LER [2019]SC.239/2011