LEGAL PRINCIPLE: CIVIL PROCEDURE — Stare Decisis — Obiter Dictum — Obiter Dictum Not Binding on Lower Courts
PRINCIPLE STATEMENT
A statement made by a judge on an issue not for determination in the case is only obiter and not binding on lower courts.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Otun & Ors v. Otun & Anor (2004) NLC-2051999(SC) at p. 11; Paras B–C.
"I have carefully gone through the decision in Adesanya v. Otuewu supra, and I am satisfied that what Nnaemeka-Agu, JSC said at p. 458 of the report upon which the learned SAN for the appellants relied on the appointment of head of the family, was not an issue for the determination of the court in that case. It is only obiter and not binding on the lower courts."
EXPLANATION / SCOPE
Obiter dicta are not binding precedent. The principle applies to judicial precedent. Only ratio decidendi binds lower courts. The rule distinguishes between holding and dicta. The court will not follow obiter dicta as binding. The principle is well-established.