LEGAL PRINCIPLE: JUDICIAL PRECEDENT – Stare Decisis – Binding Effect of Higher Courts’ Decisions
PRINCIPLE STATEMENT
This doctrine lays down the golden rule that decisions of higher courts of the land are binding on the lower courts in the land. And decisions of courts of co-ordinate jurisdiction are, for all intents and purposes, binding as between those courts. In all cases, decisions made per incuriam are not included for obvious reasons and a court may depart from its earlier decision if it is satisfied that the decision was wrong and there is a need to reverse or alter it in the interest of justice.
RATIO DECIDENDI (SOURCE)
Per Umaru Atu Kalgo, JSC, in Global Transport Oceanico S.A. & Anor v. Free Enterprises Nig. Ltd. (2001) NLC-128331998(SC) at p. 14; Paras B–D.
"This doctrine lays down the golden rule that decisions of higher courts of the land are binding on the lower courts in the land. And decisions of courts of co-ordinate jurisdiction are, for all intents and purposes, binding as between those courts. In all cases, decisions made per incuriam are not included for obvious reasons and a court may depart from its earlier decision if it is satisfied that the decision was wrong and there is a need to reverse or alter it in the interest of justice."
EXPLANATION / SCOPE
Stare decisis requires lower courts to follow higher court decisions. Courts of co-ordinate jurisdiction are also bound by each other’s decisions. Exceptions: decisions made per incuriam (without regard to law) are not binding. A court may depart from its own earlier decision if it was wrong and justice requires reversal. The principle ensures consistency, stability, and predictability. Lower courts cannot overrule higher courts. The doctrine applies to ratio decidendi, not obiter dicta. The court must follow previous decisions unless distinguished or overruled. Departure from precedent is exceptional. The court must explain why departure is justified.
