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TEXTBOOKS DO NOT HAVE LEGAL EFFECT

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Apparently, there is a dearth of case law on this subject, particularly appellate decisions, as most of the tenancy disputes in this Country do not get to come on appeal to this Court not to mention to the Supreme Court. However, there are a number of text books to tap from but that is not to say that I will accept their avid contributions to the law, hook, line and sinker, because such textbooks that explain and review general principles of law, which buttress a Party’s position in a law suit, do not have any legal effect.

– AMINA ADAMU AUGIE, JCA. Bocas v. Wemabod (2016)

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LEGAL WRITINGS ARE NOT BINDING ON THIS COURT

Prof. Emeka Chianu lamented that the Supreme Court lost an opportunity in that case – Odutola v. Papersack Nig. Ltd. (supra) to state the law with clarity but I am not concerned with the clarity or otherwise of the decision, which speaks directly and profoundly to this Appeal under consideration, and which is binding on this Court anyway. As I said, legal writings are not binding on the Court, only cases and statutes have binding effect on a Court.

– AMINA ADAMU AUGIE, JCA. Bocas v. Wemabod (2016)