"It is well settled that if judicial discretion has been exercised bonafide uninfluenced by irrelevant considerations and not arbitrarily or illegally by the lower Court, an appeal Court will not ordinarily interfere. But there are exceptions whereby this Court is entitled to impeach the exercise of judicial discretion by the lower Court.

Thus, an appellant Court may interfere with exercise of judicial discretion if it shown that there has been a wrongful exercise of the discretion such as where the trial Court acted under misconception of law or under misapprehension of fact in that it either gave weight to irrelevant or unproved matters or it omitted to take into account matters that are relevant or where it exercised or failed to exercise the discretion on wrong or inadequate materials and in all other cases, where it is in the interest of justice to interfere. See ENEKEBE VS ENEKEBE (1964) 1 All NLR 102 at 106, DEMUREN VS ASUNI (1967) 1 All NLR 94 at 101, MOBIL OIL VS FEDERAL BOARD OF INLAND REVENUE (1977) 3 SC 97 at 141, SOLANKE VS AJIBOLA (1968) 1 All NLR 46 at 52."

Per BAGE, J.S.C. IN EYE v. FRN CITATION: (2018) LPELR-43599(SC)