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CASE LAW– DISTINCTION BETWEEN A RATIO DECIDENDI AND AN OBITER DICTUM

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“A ratio decidendi denotes the legal principle which is important in the determination of the issues raised in a case, ide est, the binding portion of the decision, the reason behind a decision.  Contrariwise, an obiter dictum signifies a passing remark made by a Judex in a decision which is not necessary for it.  While the former is submissive to appeal, the latter does not.  Whereas, a ratio decidendi in a case is binding on a lower court, qua similarity of facts, on the footing of the hallowed doctrine of stare decisis, an obiter dictum is stripped of such authority save it is adopted as ratio in a later case, see Afro – Continental V. Ayantuyi (1995) 12 SCNJ 1/(1995) 9 NWLR (Pt. 420) 411; Dairo V. UBN Plc. (2007) 16 NWLR (Pt. 1059) 99; Osakue V. FCF, Asaba (2010) 10 NWLR (pt. 1201) 1; Odunukwe V. Ofomata (2010) 18 NWLR (pt. 1225) 404; NDP V. INEC (2013) 6 NWLR (Pt. 1350) 392; Abacha V. Fawehinmi (2000) 6 NWLR (pt. 660) 228; Adelekan V. Ecu – Line NV (2006) 12 NWLR (pt. 993) 333; Adedayo V. PDP (2013) 17 NWLR (Pt. 1382) 1; PDP v. Sylva (2017) 5 NWLR (Pt. 1557) 74; Atanda v. Comm., L. & H., Kwara State (2018) 1 NWLR (Pt. 1599) 32..”

 

PER O. F. OGBUINYA, J.C.A. IN THE CASE OF Peoples Redemption Party (Prp) V Ondo State Independent Electoral Commission & Ors : LER [2018]CA/AK/124/2017


   
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