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WHEN THE SUPREME COURT WILL DEPART FROM HIS EARLIER DECISION

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As departure from a decision of a court or overruling a decision of a court is a very major judicial exercise, which if done often will ruin or jeopardise the stable rules of judicial precedent, and particularly the rules of stare decisis, courts of law, even the highest court of the land, will not yield to the invitation of counsel just for the asking, in the sense that the case sought to be overruled is not in favour of the party. In asking for a case to be overruled, the party should take into account or consideration, the totality of the decision, meaning that the ratio decidendi must be considered along with the facts of the case. The party should also make a distinction, if any, in the case between a ratio decidendi and an obiter dictum. If a party’s worry is an obiter dictum, a court of law will not depart from its earlier judgment or overrule it because obiter does not ipso facto have or possess any force in the judgment. And when I say this I am not ignorant of the law that obiter dictum of this Court followed by this Court in certain instances could ripen into a ratio decidendi by frequent adoption.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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DELIBERATE DECISION TAKING BY COUNSEL FOR CLIENT IS BINDING

Supreme Court made this very clear in Akanbi v Alao (1989) 3 NWLR (Pt.108) 143, Per Eso JSC as follows: – “I think it would be extending Ibodo v Enarofia case beyond reason if every considered or assumed considered professional decision of a counsel which has gone wrong should qualify as ground of appeal. We did say once, and I am still of the firm view that the conduct of a case lies wholly with counsel. The rule really should be “caveat client”. If you choose a counsel, you should permit him, once seised of the case to conduct the case in the manner of his professional ability. Indeed that is part of the independence of the Bar. If there is lapse in his office, his clerk forgetting to file some papers, he forgetting the date of hearing or such like procedural errors, of course the client should not be made to suffer. If however, he takes a deliberate decision and loses thereby, then, it is his privilege to lose and that will constitute a right for the client for utilization as a ground of appeal. For, if it were not so, the profession would be in jeopardy”.

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WHERE APPEAL COURT MAY INTERFERE IN THE DECISION OF THE LOWER COURT

Once an appellate Court finds that the conclusion reached by a lower Court is correct, it has no duty to interfere. Thus, the duty of an appellate Court to interfere will arise only where the finding, conclusion and/or decision of the lower Court is wrong and/or perverse. In law, a finding or conclusion of a Court is said to be perverse when such finding does not flow from the proved evidence or was arrived at wrongly or was anchored on extraneous matters. In all such circumstances, an appellate Court will interfere to set it aside and make appropriate finding as justified and borne out by the evidence in the printed record of appeal.

– Abdu Aboki, JSC. Chukwu v. State (2021)

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FINAL VS INTERLOCUTORY DECISIONS: DISTINCTION

In Clement C. Ebokam vs. Ekwenibe & Sons Trading Company Ltd. (1999) 7 SCNJ 77, Kalgo, JSC held at page 87 that: “…Where the decisions of the Court under consideration clearly and wholly disposes of all the rights of the parties in the case, that decision is final. But where the decision only disposes of an issue or issues in the case, leaving the parties to go back to claim other rights in the Court, then that decision is interlocutory. And in order to determine whether the decision is final or interlocutory, the decision must relate to the subject matter in dispute between the parties and not the function of the Court making the order.”

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DECISION OF THE SUPREME COURT IS FINAL

In FBN Plc v. TSA Ind. Ltd (2012) LPELR 4714 SC, this Court stated as follows: “There is no doubt that this Court does not have the power or competence or jurisdiction to consider an application to review its judgment once delivered. The Supreme Court being the final Court of Justice of Nigeria, its decision is final and cannot be altered or reviewed by any other Court or by itself except by itself on exceptional and specific circumstances.”

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COURT MUST CONFINE ITS DECISION TO THE PARTIES AND CLAIMS

The law is settled that a Court can only exercise its jurisdiction or power over parties before it and strictly in respect of the case between them upon issues raised and reliefs sought. It cannot do so concerning, and to the extent it may affect persons who are not parties before it and must resist the temptation to make pronouncement to that end. The Court must confine its decision to the parties and their claims. See Ojogbue v Nnubia (1972) 1 ALL NLR (Pt.2) 226; Ochonma v Unosi (1965) NMLR 321; Labide v Regd. Trustee Cherubim & Seraphim (2003) FWLR (Pt. 142) 89 at 105 Paragraphs G-H; Intercontractors (Nig) Ltd v UAC of (Nig) Ltd (1988) 2 NWLR (Pt. 76) 303; Green v Green (1987) NWLR (Pt 61) 481.

— P.A. Galumje, JSC. Huebner v Aeronautical Ind. Eng. (2017) – SC.198/2006

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ONLY MATTERS DECIDED IN THE COURT OF APPEAL CAN BE ENTERTAINED BY THE SUPREME COURT

By canvassing in this court matters decided in the trial Court and not adverted to in the Court of Appeal, without leave having been obtained to argue matters not argued in the Court of Appeal, such matters or issues are incompetently before this court and will be discountenanced. This Court is only competent to entertain appeals from the Court of Appeal and not from any court below the Court of Appeal. Ogoyi v. Umagba (1995) 9 NWLR (Pt.419) 283, 293; Oduntan v. General Oil Ltd. (1995) 4 NWLR (Pt. 387) 1, 101. Similarly the appellate court will deal only with matters duly canvassed at the trial court and appealed against. The issues of fair-hearing or breach of Sections 20,21 and 22(6) of the Chiefs Law never came into argument at the trial Court nor at the Court of Appeal, and no leave having been obtained to argue them as novel issues not raised in the courts below, are not competent for argument in this court. There was no pronouncement on these issues at the trial court, and no appeal was lodged on this failure in the Court of Appeal, it is therefore incompetent in this court for the appellants to start raising issues of lack of fair hearing, or breach of natural justice in the conduct of investigation into the selection of Baale of Isundunrin. In the absence of a decision on a point, and that point has been canvassed at the trial court, the course open to the party aggrieved is to appeal against that non-decision. Saude v. Abdullahi (1989) 4 NWLR (Pt. 116) 387, 433, 434; Adesokan v. Adetunji (1994) 5 NWLR (Pt.346) 540, 575, 576.

— Belgore, JSC. Ogundare v Ogunlowo (1997) – SC.25/1994

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