UGOCHUKWU ANTHONY OGAKWU, J.C.A.: The leading ruling of my Lord, Monica Bolna'an Dongban-Mensem, Honourable President Court of Appeal, which has just been delivered, captures with remarkable sapience and perspicacity, the views which I expressed on the manner of resolution of this application. I avow my concurrence with the said leading ruling and wish to add a few words in accentuation.
As highlighted in the leading ruling, a case is only an authority for what it decided. The principle established by the decision in a case is only a principle and not a rule. It is a principium and forms the starting point from which the facts of any particular case is to be applied to the decision in question. FAWEHINMI v. NBA (NO. 2) (1989) 2 NWLR (PT 105) 558 at 650 or (1989) LPELR (1259) 1 at 139.
I was in the Panel of this Court that decided APPEAL NO. CA/ABJ/CV/1139/2022: ALL PROGRESSIVES CONGRESS (APC) and ANOR v. DR. UCHECHUKWU SAMPSON OGAH and ORS, (unreported) delivered on 12th December, 2022,…