Ratio Decidendi

It is generally called ratio, and means pronouncement of material facts in issue. It is not the entire case that is important but the ratio decidendi.

Ratio decidendi can be identified in three ways namely: dissect the material facts, identify the issue requiring decisions and identify the similarities between the present and the previous ones. Once the principle of law is pronounced on these facts, it is established and will constitute the ratio which is the reason for the decision or the principle on which the case is based. The ratio is applied to subsequent cases.

It is usually not easy to determine a ratio. The ratio is the conclusion reached by the judge on the basis of material facts to the exclusion of irrelevant ones therefore, a judge cannot lay down a biding ratio decidendi on facts which are not before the court.

The doctrine operates on materiality and discovery of similarity.

Simply put therefore, the latin phrase ratio decidendi means either the rule that the Judge who decided a case intended to lay down. There are two steps involved in the ascertainment of the ratio decidendi.

First, it is necessary to determine all the facts of the case as seen by the judge. Secondly, it is necessary to discover which of those facts was treated as material by the Judge.

Obiter Dictum

This is a mere opinion of a particular judge who decided the case. A judicial comment made during the cuse of delivering a judicial opinion but one that is unnecessary to take a decision in the case and therefore not precedential but may be considered persuasive. An Obiter dictum is a remark made or opinion expressed by a judge in the decision upon a case, by the way that is incidentally or collaterally and not directed upon the question before the court or a statement of law enunciated by the judge or court by way of illustration, argument, analogy or suggestion.

In common speech of lawyers, all such extra-judicial expressions of legal opinion are referred to as “dicta” or “obiter dicta” these two terms are used interchangeably.

Such opinion is unnecessary for the decision. Obiter dictum may be a mere statement by the way side, because not everything said by a judge in deciding a case would constitute precedent.

Chidi Enyie