WHETHER OR NOT

OBITER DICTA OF THE ULTIMATE COURT ON IMPORTANT POINTS ARE BINDING ON LOWER COURT by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  Obiter dictum, or incidental remarks by a judge that are not binding, play an important role in legal opinions. Generally, lower courts are not obligated to follow obiter dictum. However, there is an exception: when the ultimate court makes an obiter dictum on an important point of law, it becomes binding and must be followed by all lower courts. This exception ensures consistency and uniformity in the interpretation and application of the law across the judicial hierarchy.  This position was affirmed in the case of Bennett Ifediorah & Ors. V. Ben Ume & Ors. (1988) per Nnaemeka-Agu JSC thus: ‘Although this opinion was given in a criminal appeal, it has been followed and applied by the Court of Appeal in many civil appeals against interlocutory decisions. See for an example Akinsola Dawodu & Anor. v. F. O. Olo...

WHEN IS AN APPEAL DEEMED ENTERED AT THE COURT OF APPEAL? by Branham Chima. Subscribe: https://branhamchima.substack.com/embed An appeal is considered to be officially submitted to the Court of Appeal when the records of the previous court’s proceedings are received by the Court of Appeal. Once an appeal has been submitted and until it is finally resolved, the Court of Appeal will have control over the entire case between the involved parties. Unless stated otherwise in the Rules, all applications related to the case must be made to the Court of Appeal and not to the original trial Court. However, it is possible to file an application in the trial Court for it to be transferred to the Court of Appeal. The above position was encapsulated in the National Industrial Court case of Ayangbade v. UBA (NICN/YL/05M/2020, 9th February 2021) per Kado J. thus: ‘the counsel for the judgment creditor/respondent has also contended that no appeal has been entered before the court of appeal. Let m...

THE INTEREST TO BE SHOWN BY AN INTERESTED PERSON IN ORDER TO APPEAL A DECISION.  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  To ask the court for permission to appeal a decision, a person must have a real and legal interest in the matter that affects them negatively. They need to prove that the decision harms their interest and that they are affected by it. In simple terms, they must show that they are upset or affected by a decision that has wrongly denied them something or affected what belongs to them.  This position was encapsulated in the Nigeria Supreme Court case of Abdullahi v. Nigerian Army (SC.433/2010(R), 25 MAY 2018) per K.B. Aka’ahs JSC. thus: ‘The interest which will support an application for leave to appeal as interested party must be genuine and legally recognisable interest in respect of a decision which prejudicially affects such a person. And for a person to qualify as a person interested, the applicant must show not on...

WHETHER APPEAL HAS TO BE LODGED BEFORE STAY OF EXECUTION CAN BE GRANTED? by Branham Chima. Yes. According to established legal principles, a request to pause legal proceedings or the enforcement of a judgment will not be considered unless an appeal has been formally filed. In simpler terms, the authority to halt the implementation of a judgment can only be used while a legitimate appeal is ongoing. This ensures that there is a legal basis and a proper process in place before any action can be taken to delay or stop the proceedings or execution of a judgment. This position was highlighted in the case of Ayangbade v. UBA (NICN/YL/05M/2020, 9th February 2021) per Kado J. thus: ‘on issue of filing of appeal or entry of appeal before the court of appeal, the law is well settled that an application for stay of proceeding or stay of execution will not be entertained unless an appeal has been lodged. In other words, the jurisdiction to stay execution of a judgment can only be exercised pe...