LEGAL PRINCIPLE: CIVIL PROCEDURE — Judgments and Orders — Ratio Decidendi and Obiter Dicta — Distinction and Binding Effect
PRINCIPLE STATEMENT
The ratio decidendi represents the reasoning or principle upon which a case is decided. Obiter means in passing, incidental, cursory. Obiter dicta reflect the opinions of the Judge which do not embody the resolution of the court.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in A. I. C. Limited v. NNPC (2005) NLC-2372001(SC) at p. 15; Paras D–E.
"The ratio decidendi of a case represents the reasoning or principle or ground upon which a case is decided. Obiter simply means in passing, incidental, cursory. Obiter dicta reflect, inter alia, the opinions of the Judge, which do not embody the resolution of the court."
EXPLANATION / SCOPE
Ratio decidendi is the binding principle of a case; obiter dicta are incidental remarks not binding. Obiter reflects judicial opinion, not the court’s resolution. The principle applies to judicial precedent and stare decisis. The rule distinguishes authoritative holdings from persuasive commentary. Lower courts must follow ratio, not obiter. Obiter may have persuasive value but does not bind.
