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Whether and when an obiter dictum can have binding effect

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As a general rule, an obiter dictum is not binding. However, there are occasions when an obiter dictum may have a binding effect. See Mrs. Macleans  v. Inlaks Ltd. (1980) 8-11 SC 1; Ifediorah v. Ume (1988) 2 NWLR (Pt.74) 5.

 

What is important however is that an obiter dictum, which is what the court says by the way, has persuasive effect.

A court of law can allow itself to be persuaded by an obiter dictum. I know of no law which holds a contrary view".

Per TOBI JSC in in Ferodo Ltd. v. Ibeto Ind. Ltd (2004) 5 NWLR (Pt.866)317


   
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