«The lower court has the power to exercise its discretion on the matter and the exercise of such discretion by the trial judge did not amount to denial of fair hearing to the defendants,» the court held. (nigeriapoliticsonline.com)
Ikpeazu held that the application was 100 per cent at the discretion of the court, but added that the court should exercise such discretion judicially and judiciously in accordance with the provisions of the constitution. (nigeriapoliticsonline.com)
On the subsidiary question of whether or not he should exercise his discretion not to set aside, impliedly conferred on the court by s 339 (2) and considered at paras 26 — 28, the judge held that such discretion as he had should only be used in circumstances which are «extremely rare», and Haines's case, in his view, was not within that category. (newlawjournal.co.uk)