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

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BETWEEN A RATIO DECIDENDI AND AN OBITER DICTUM

The ratio decidendi of a case is the principle or rule of law upon which a court’s decision is founded. It is thus the reason for the decision or the reasons, principle, or ground upon which a case is decided. An obiter dicta or obiter dictum on the other hand means something said in passing a judicial comment made while delivering a judicial opinion but one that does not embody the decision of the court. See Oleksander –V- Lowestar Drilling Company Ltd (2015)9 NWLR (prt. 1464) 337, Awokunle –V- NEPA (2007) LPELR – 8766 (CA) and Anyanwu –V- PDP (2020) 3 NWLR (prt. 1710) 134 at 160″.

– PER M.L. SHUAIBU, J.C.A. Cross & Star v. Government of Cross River State (2022)

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OBITER DICTA CANNOT BE THE BASIS FOR AN APPEAL

It must be reiterated that it is not every pronouncement of a Court that should be the basis of an appeal. It is well settled that an opinion expressed by a Court cannot be a valid basis of an appeal. – Sankey JCA. Abdul v. State (2021)

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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

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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

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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)

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

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AN OBITER DICTUM IS NOT BINDING

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BETWEEN A RATIO DECIDENDI AND AN OBITER DICTUM

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OBITER DICTA CANNOT BE THE BASIS FOR AN APPEAL

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OBITER DICTUM DISTINGUISHED FROM RATIO DECIDENDI

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OBITER DICTUM VS RATIO DECIDENDI

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

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