WHERE OBITER DICTA DID NOT LEAD TO MISCARRIAGE OF JUSTICE, THE JUDGEMENT STANDS

The law is trite that, a Judgment will be allowed to stand where in the opinion of the Court, the remarks of the Judge Obiter Dicta have not occasioned any miscarriage of justice. See the case of: Bamgboye V. University of Ilorin (1999) 10 NWLR (Pt. 622) p. 290, where as in the instant case, bias was alleged and the need arose to have the remarks looked into. It was held in that case that, When a trial Court expresses an opinion on an issue not pleaded, such opinion is Obiter Dictum which if it does not occasion any miscarriage of Justice, the Judgment stands. See Mora v. Nwalusi (1962) 2 SCNLR 73; (1961)1 All WLR pgs. 681 687 and Ayoola v. Adebayo (1969)1 All NLR p.159 at 164.

— O.F. Omoleye JCA. Amaechi V. The Governor of Rivers State & Ors. (CA/PH/342/2015, 8 May 2017)

Was this dictum helpful?

OBITER DICTUM MAY BE A GROUND OF APPEAL WHERE IT IS CLOSELY LINKED TO THE RATION

See Eneh v. Ozor (2016) 16 NWLR (Pt. 1538) 219 @ pp. 233 234, where it was stated inter alia thus: It is well settled that grounds of appeal must arise or flow from or tied to the judgment of the Court appealed against. In fact a ground of appeal needs to be against the ratio decidendi of the Court and not obiter dicum or remarks by the Court except where the obiter or remark is closely linked with the ratio as to be deemed to have radically influenced the ratio.

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

Was this dictum helpful?

OBITER DICTUM VS RATIO DECIDENDI

An opinion of a court upon which no issue had been joined by the parties amounts to obiter dictum and cannot therefore constitute a ground of appeal. See Bamgboye V. University of Ilorin (1999) 10 NWLR (Pt.622) 290. However, a Ratio decidendi according to the Black’s Law Dictionary simply means; “Reason for deciding.” The principle or rule of law on which the court’s decision is founded.” It could also mean the rule of law on which a later court thinks that a previous court’s judgment is founded.”

— C.B. Ogunbiyi, JSC. Ogbolosingha v. B.S.I.E.C. (2015) – SC.165/2013

Was this dictum helpful?

OBITER DICTUM DISTINGUISHED FROM RATIO DECIDENDI

An obiter dictum is an expression of opinion made by a Judge in passing in the course of delivering judgment, but which does not decide the live issues in the matter. The ratio decidendi on the other hand, is the principle of law upon which a particular case is decided. It has the binding force of precedent. All lower Courts are bound by the ratio decidendi of the decision of a higher Court. The ratio decidendi has also been defined as “the reason for deciding.”

– Kekere-Ekun JSC. CITEC v. Francis (2021) – SC.720/2017

Was this dictum helpful?

PART OF JUDGEMENT THAT GOES BEYOND THE CLAIM MUST BE REGARDED AS OBITER DICTA

There was no claim, be it noted, for an order that the deed was “of no effect whatsoever”. Therefore, that part of the judgment which categorically states that the deed was “. . . and of no effect whatsoever” really goes beyond the claim and the issues raised in the pleadings in that case, and must, in my view, be regarded as Obita dicta.

— Idigbe JSC. Bucknor-Maclean and Anor. v. Inlaks Limited (SC.83/1979, 29th August 1980)

Was this dictum helpful?

AN OBITER DICTUM IS NOT BINDING

Even in the Supreme Court, an obiter dictum is clearly not binding on us or indeed on the lower courts, for obiter dicta, though they may have considerable weight, are not rationes decidendi and are therefore not conclusive authority and are not appealable. See American International Insurance Company v. Ceekay Traders Ltd (1981) 5 SC 81 at 110, Afro – Continental Nigeria Ltd v. Joseph Ayantuyi & Ors (1995) LPELR – 218 (SC) (1995) 9 NWLR (Pt. 420) 411.

— Okoro, JSC. Anyanwu v. PDP (2020) 3 NWLR (Pt. 1710) 134

OBITER DICTA CANNOT BE THE BASIS FOR AN APPEAL

Reach more audience. Place advert here.

Was this dictum helpful?

WHERE OBITER DICTA DID NOT LEAD TO MISCARRIAGE OF JUSTICE, THE JUDGEMENT STANDS

Was this dictum helpful?

OBITER DICTUM MAY BE A GROUND OF APPEAL WHERE IT IS CLOSELY LINKED TO THE RATION

Was this dictum helpful?

OBITER DICTUM VS RATIO DECIDENDI

Was this dictum helpful?

OBITER DICTUM DISTINGUISHED FROM RATIO DECIDENDI

Was this dictum helpful?

PART OF JUDGEMENT THAT GOES BEYOND THE CLAIM MUST BE REGARDED AS OBITER DICTA

Was this dictum helpful?

AN OBITER DICTUM IS NOT BINDING

Was this dictum helpful?