Obiter dictum is an observation by Their Lordships on a matter not
specifically before the court. It is a side opinion which does not form
part of the judgment for the purposes of stare decisis.
Where the
Court has given an opinion reason for the opinion and an order(s)
therein, it becomes a binding decision of the court not Obiter dictum or
obiter dicta please refer to the CTC read the seasoned and well
reasoned lead decision in SC/665/2015 MEGA PROGRESSIVE PEOPLE’S PARTY vs
INEC on 12th Oct., 2015. Per Hon. Justice Ibrahim Tanko Muhammad, JSC.
Kindly note that a learned senior counsel was the one who raised the
issue of NBA Stamps being mandatory that without it a court process was
invalid. In considered ruling their Lordships held:
“The issue of
BAR Stamp raised by Dr Ayeni is in a circular which has been issued by
the Hon. CJN to Heads of Courts….. the circular has not metamorphosed
into a practice direction. It cannot be said to be a compulsory
requirement for filing processes in a court of law. .. Failure to affix
the NBA stamp cannot invalidate a court process”
Gentlemen it is a
holding by a full court, binding with full force of the law. 2 male
officers of NBA who make the habit of disrespecting the Apex Court Order
are in clear contempt of the Supreme Court Orders.
Thank you
Attorney CN Ajie
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