Application of the Doctrine of Stare Decisis in The Court of Appeal and Supreme Court of Nigeria: Problems and Prospects
Abstract
The importance of stare decisis in the legal system of Nigeria is obvious. That stare decisis properly applied contributes to certainty in the law (amongst other benefits) as an indispensable attribute of justice is also not in dispute. However, the application of the doctrine of stare decisis by Nigerian courts, particularly the Court of Appeal and the Supreme Court is fraught with uncertainties arising from conflict in principles. This is a very serious impediment in the use of stare decisis to attain an egalitarian society. The Supreme Court thus needs take the lead in ensuring consistency in its decisions generally and laying down clearly, principles applicable in the area of stare decisis. Prevention is, definitely and indisputably better than cure
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Published in JOURNAL OF AFRICAN CONTEMPORARY RESEARCH
ISSN: 9783-7967
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