CONFLICT BETWEEN SUPREME COURT DECISION AND THAT OF COURT OF APPEAL, SUPREME COURT WILL PREVAIL

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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CONFLICTING DECISIONS OF TWO COORDINATE COURTS ARE PERSUASIVE

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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WHAT IS AN INTERLOCUTORY DECISION

Omonuwa v. Oshodin & Anor (1985) 2 NWLR (Pt. 10) 924: “There is clearly no doubt that the principle established in all the above cited cases is that where the decision of the court does not finally determine the issue or issues between the parties or does not at once affect the status of the parties for whichever side the decisions is given, it is interlocutory.”

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TEST FOR WHETHER A DECISION IS FINAL OR INTERLOCUTORY

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)

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WHERE NO APPEAL ON A DECISION THE DECISION REMAINS BINDING

Where a party, be it an Appellant or Respondent does not appeal against a finding or an order of Court, by way of a ground of appeal, a cross-appeal or a Respondent’s notice, that order or finding is binding and acceptable to it. The Respondent herein has not appealed against the order made to introduce and argue the two grounds of appeal. Therefore, the order is binding on it.

– Yahaya, JCA. Petroleum Resources v. SPDC (2021)

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DECISION OF THE TRIAL COURT IS PERVERSE IF IT DOES NOT FLOW FROM THE ESTABLISHED FACTS

C.S.S Book Shop Ltd. v. The Regd. Trustees of Muslim Community in Rivers State (2006) 4 SCM 310 “A decision of a Court is perverse when it ignores the facts or evidence adduced and admitted before it and when considered as a whole amount to miscarriage of justice. In such a case, an appellate Court is bound to interfere with such a decision and to set it aside.”

AN APPELLATE COURT IS ONLY INTERESTED IN THE CORRECTNESS OF THE DECISION, NOT THE REASON BY WHICH IT WAS REACHED

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CONFLICT BETWEEN SUPREME COURT DECISION AND THAT OF COURT OF APPEAL, SUPREME COURT WILL PREVAIL

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CONFLICTING DECISIONS OF TWO COORDINATE COURTS ARE PERSUASIVE

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WHAT IS AN INTERLOCUTORY DECISION

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TEST FOR WHETHER A DECISION IS FINAL OR INTERLOCUTORY

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WHERE NO APPEAL ON A DECISION THE DECISION REMAINS BINDING

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DECISION OF THE TRIAL COURT IS PERVERSE IF IT DOES NOT FLOW FROM THE ESTABLISHED FACTS

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