THE PILLARS (NIG) LTD V. DESBORDES CASE –SO MUCH ADO ABOUT AN OBITER DICTUM IN A CONCURRING OPINION

Abstract

On February 5, 2021, the Supreme Court of Nigeria delivered its decision in an appeal comprised in the case of Pillars (Nig.) Ltd. v. Desbordes.1 The notice of appeal contained five grounds of appeal. The appellant’s brief raised four issues for determination, while the respondents’ brief raised two issues for determination. The Supreme Court, in a lead judgment delivered by Justice EA Agim, determined the appeal on the basis of the issues raised for determination in the appellant’s brief. The Supreme Court determined issues number 1 and 4 against the appellant, held that no useful purpose would be served in determining issues numbers 2 and 3, and held that the appeal failed for lacking merit and consequently, dismissed it.