Sunday 3 July 2016

DISTINGUISHING OBITA DICTUM FROM RATIO DECIDENDI (By Dame Carol Ajie)

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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