As this Court has often admonished, cases are only authorities for what they actually decided in the context of the prevailing facts. That explains why in Savannah Bank Ltd v P. A. S. T. A. Ltd (1987) 1 SC 198, 278, 279, Karibi-Whyte JSC enjoined Courts to "consider the claim before the Court and the issue which the Court was called upon to decide."
It is settled law that a party should be consistent in the case he presents at the trial and appellate Courts as he is not allowed to present different cases before each hierarchy of Court as he desires. In other words, a party is not allowed in the presentation of his case before the Court to approbate and reprobate – see Intercontinental Bank Ltd vs Brifina Ltd (2012) All FWLR (Pt. 639) 1192 at 1206.
It is trite law that parties as litigants are not permitted to approbate and reprobate in the conduct of their case See; Ezomo Vs. AG Bendel (1986) 4 NWLR (Pt 36) 448 at 462; Kayode vs. Odutola (2001) 11 NWLR (Pt.725) 659; (2001) 7 SCM 155 Osuji Vs Ekeocha (2009) 10 SCM 72 at 93. A party should not be allowed to make up a different case on appeal from what he pleaded before the trial court.
Cases are not to be cited at large. The facts of the case must be similar, whereas generally speaking cases are decided on their peculiar circumstances or facts. Citing cases that are inapplicable to the peculiar findings in a particular matter lead to grave misconception and ultimately miscarriage of justice. Embarking upon an exercise of comparing and distinguishing an irrelevant case amounts to an unproductive academic exercise – which the courts must shun in the furtherance of development of law.
Transfer of cases generally, is the preserve of the trial judge or administratively the function of the Chief Judge.