APPELLATE PRACTICE — Per Incuriam — Additional Definition — Ignorance or Forgetfulness of Statute or Binding Authority
Ratio Decidendi
Per Adekeye, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at pp. 21—22; Paras E—A:
"In the case of Buhari v. INEC (2008) 19 NWLR pt.1120 pg.246 at page 372, the Supreme Court held that per incuriam in law means the judge giving a judgment in ignorance or forgetfulness of an enabling statues or some binding authority on the court. A case decided per incuriam includes a situation where the court forgot to take into consideration a previous decision which the doctrine of stare decisis applies. Such decisions given per incuriam usually contradict a settled principle of law by a superior court."
Explanation / Scope
This principle establishes that a judgment is per incuriam where the judge gives it in ignorance or forgetfulness of an enabling statute or binding authority, including a previous decision to which stare decisis applies. Such decisions usually contradict a settled principle of law by a superior court. The principle applies where precedents are challenged. It ensures that decisions given in ignorance of binding authority are not followed. The principle reflects the exception to stare decisis. It allows correction of erroneous decisions. The court must identify the ignored authority. The principle provides guidance on the per incuriam doctrine.