Judiciary-Poetry-Logo
JPoetry

CASES ARE AUTHORITIES FOR WHAT THEY DECIDE

Dictum

It is trite law that cases are authorities for what they decide such, that it is not helpful to flog authorities where the facts and circumstances of cases are different. See PDP VS INEC (2018) LPELR-44373 (SC) AND OLLEY VS TUNJI (2015) 10 NWLR (PT. 1362) 374.

— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)

Was this dictum helpful?

SHARE ON

THE RULE AND THE PRINCIPLE – STARE DECISIS

Per Oputa, JSC. in Chief Gani Fawehinmi v Nigerian Bar Association & ors. (No.2) (1989) 2 N.W.L.R. (Pt.105) 558 at page 650. “Our law is the law of the practitioner rather than the law of the philosopher. Decisions have drawn their inspiration and their strength from the very facts which framed the issues for decision....

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

STARE DECISIS ON SIMILAR FACTS

It is settled that Courts, including this Court are bound by the earlier decisions of the apex Court on same or similar facts determined on the basis of same or similar legislations in their subsequent determination of cases in respect of same or similar facts and on the basis of same or similar legislations. See...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

STARE DECISIS MAKES THE LAW CERTAIN

It is a policy of Courts to stand by established precedent for the certainty of the law. Agreed, no two cases have identical facts. Where, however, the facts of the decided case are substantially the same with the case at hand, the principle of stare decisis enjoins a Court to follow the earlier judicial decisions...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

LACK OF A PRECEDENT ON A POINT CANNOT DENY JUSTICE

What is the argument on the other side? Only this: that no case has been found in which it has been done before. That argument does not appeal to me in the least. If we never do anything which has not been done before, we shall never get anywhere. The law will stand still whilst the rest of the world goes on: and that will be bad for both. – Packer v Packer [1954] P 15 at 22

Was this dictum helpful?

PREREQUISITE FOR CITING A CASE AS AN AUTHORITY

“The law is trite that a case is only an authority for what it decides, and nothing more. Thus, a case cited as an authority must be considered and utilized in light of its own peculiar facts and circumstances.” PER J.H. Sankey, J.C.A. Gonimi v. Surundi (2022) – CA/G/7/2022 Was this dictum helpful? Yes 1...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now
No more related dictum to show.