Under the rules of precedent or stare decisis it is the judgment of the Supreme Court as the final appellate court that should be binding on the Court of Appeal. Thus where there is a conflict between the Supreme Court’s decision and that of the Court of Appeal, the Supreme Court’s decision should prevail and be binding on the Court of Appeal or any other court, notwithstanding any error in the former.
— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92
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In Ebba vs. Ogodo (1984) 4 SC 372. The apex court had this to say:- “Unless the Court of Appeal finds that the decision is perverse, the Court of Appeal, whose opportunity is confined to printed record, is obliged to, and must accord to the finding of fact, by the trial court, the greatest weight and due respect.”
In Clement C. Ebokam vs. Ekwenibe & Sons Trading Company Ltd. (1999) 7 SCNJ 77, Kalgo, JSC held at page 87 that: “…Where the decisions of the Court under consideration clearly and wholly disposes of all the rights of the parties in the case, that decision is final. But where the decision only disposes of an issue or issues in the case, leaving the parties to go back to claim other rights in the Court, then that decision is interlocutory. And in order to determine whether the decision is final or interlocutory, the decision must relate to the subject matter in dispute between the parties and not the function of the Court making the order.”
An appellate Court is only concerned with whether the judgment appealed against is right or wrong not whether the reasons given are right or wrong. Where the judgment is right but the reasons given are wrong, the appellate Court does not interfere. It is only where the misdirection has caused the Court to come to a wrong conclusion that the appellate Court will interfere See also Abaye v. Ofili (1986) 1 NWLR (Pt. 15) 134: Ukejianya v. Uchendu 18 WACA 46; Obajimi v. Adeobi (2008) 3 NWLR (Pt. 1075) 1 @ p. 19: Owor v. Christopher (2010) All FWLR (Pt. 511) 962 @ p. 992; Sogbamu v. Odunaiya (2013) All FWLR (Pt. 700) 1249 @ p. 1302; Mini Lodge v. Ngei(2010) All FWLR (Pt. 506) 1806 @ pp. 1820-1821; Saeed v. Yakowa (2013) All FWLR (Pt. 692) 1650 @ p. 1681.
— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)
The law is settled that a decision of a Court of competent jurisdiction not appealed against remains valid, subsisting and binding on the parties and is presumed acceptable by them. It is also the law that where there is an appeal on some points only in a decision, the appeal stands or falls on those points appealed against only while the other points or decisions not appealed against remain valid, subsisting and unchallenged.
– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)
In law, a decision or finding or conclusion reached is perverse amongst other grounds if it does not flow from the established facts from the evidence before the Court or it takes into consideration matters extraneous to the issues placed before the Court in evidence by the parties.
– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021
Since the conflicting decisions of the two courts of co-ordinate jurisdiction are persuasive only and not binding, the High Courts of the Northern States are at liberty to follow either until the matter is settled by the Court of Appeal or this Court.
– M. Bello, JSC. AG Kaduna State v. Hassan (1985) – SC.149/1984
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