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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The tribunal or court must base its conclusion on the facts before it and nothing but the facts. The tribunal or court cannot introduce facts not before it. The tribunal or court must confine itself to the facts before it. It has no jurisdiction to read into the Record facts not presented by the parties. It cannot also read out of the record facts presented by the parties. It seems I am repeating myself. Repetition is, at times, useful for emphasis and so be it.
— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008
However, I believe that, but for what looked like a brief inter regnum under the decision in W.A. Omonuwa v. Napoleon Oshodin & Anor. (1985) 2 N.W.L.R. 924, at p. 938 – but which has now been explained away in the decision in A.M.O. Akinsanya v. United Bank for Africa Limited (1986) 4 N.W.L.R. 273, at pp. 289 – 291, the test as to whether a decision is final or interlocutory which has been preferred by authoritative decisions in this country has been consistently one which looks at the result, id est, which asks the question: “does the judgment or order, as made, finally dispose of the rights of the parties” See on this: Blay & Ors. v. Solomon (1947) 12 W.A.C.A. 117; William Ude & Ors. v. Josiah Agu & Ors. (1961) 1 All N.L.R. 65; A.M.O. Akinsanya v. U B.A. Ltd. (supra).
— Nnaemeka-Agu JSC. Bennett Ifediorah & Ors. V. Ben Ume & Ors. (1988)
It needs be reiterated that a Court after the dismissal of a suit before it lacks the competence to delve into the matter any longer. The fact that the Court is being presided over by another judge of the same jurisdiction as the judge that dismissed Suit No. HOY/7/97 does not make any difference. The Court lacks the jurisdiction to re-phrase the judgment, of a Court of co-ordinate and competent jurisdiction.
– M. Peter-Odili JSC. Adegbanke v. Ojelabi (2021)
This court in the case of Odofin v. Oni (2001) 1 SCNJ 130 handed down the principles to be adopted in interpreting the records of proceedings of a Native or Customary Courts. At page 149 of the report Achike JSC of blessed memory stated the principles thus:- “In order to appreciate the real effect of the lower courts strong criticism of the statement of the customary court that the respondent “failed to prove ownership of the land in dispute” it is important to stress that greater latitude and broader interpretation must be accorded to decision of customary courts as it is trite that the proceedings in the customary courts are not subject to the application of the Evidence Act. It is important that superior appellant courts in relation to matters relating to customary courts should focus their attention to the substance of the judgments or decisions in those courts rather than the forms. This is so because customary courts be they Area Courts or whatever name they are christened in our judicial jurisdiction are generally presided over by laymen without even rudimentary exposure to legal principles. An Appellate Court should in all circumstances strive to get the bottom of the decision of a customary court. This can only be achieved by considering the input of a decision of a customary court not in fragments or in isolation of excerpts thereof but must be read harmoniously as a whole in order to capture its imports. In other-words when greater latitude is accorded to the interpretation of the decisions of customary court it will be sufficient if such decisions are seen to accord with the view of person of good common sense and reason completely devoid of legalistic encrustments”.
It is apposite to state here that it has been established by sufficient authority that an appellate Court is only interested in the correctness of a judgment/ruling or conclusion reached and not with the correctness of the reason by which the Court arrived at its decision, unless it has occasioned a miscarriage of justice, Taiwo and Ors v Sowemimo [1982] 5 SC 60, 74-75; Ibuluya v Dikibo [2011] 3 WRN 1, 23; Agbeje v Ajibola [2002] 2 NWLR (pt. 750) 127; Hillary Farms Ltd. v MV Mahtra[2007] 14 NWLR (pt. 1054) 210.
— C.C. Nweze, JSC. Uzoho v NCP (SC.141/2007, Friday, May 13, 2022)
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)
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