OBITER DICTA OF THE ULTIMATE COURT ON IMPORTANT POINTS ARE BINDING ON LOWER COURT

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OBITER DICTA OF THE ULTIMATE COURT ON IMPORTANT POINTS ARE BINDING ON LOWER COURT

by Branham Chima. 

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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. Ologundundu & Ors. (1986) 4 N.W.L.R. 104, at p.112. For, it has been held by the House of Lords in England that although what is ordinarily binding in a case is the ratio decidendi and not the obiter dictum; yet an obiter dictum by the ultimate court on an important point of law is one which is binding on and followed by all the lower courts: see W.B. Anderson & Sons Ltd. & Ors. v. Rhodes (Liverpool) Ltd. & Ors. (1967) 2 All E.R. 850. After all, a good deal of the important pronouncements of the Supreme Court in the famous case of Bronik Motors Ltd. & Anor. v. Wema Bank Ltd. (1983) 1 S.C. N.L.R. 296 was obiter. Yet it was binding on the Court of Appeal and all other courts lower down in the judicial hierarchy until the law was changed in Akinsanya v. U.B.A. Ltd. (1986) 4 N.W.L.R. 273.’ 

The poser is, how do we know what is an important point of law? 

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