LEGAL PRINCIPLE: JUDICIAL PRECEDENT – Benefits of Following Previous Decisions
PRINCIPLE STATEMENT
Standing by a previous decision which has not been proved to be perverse, or to have been decided per incuriam or proved to be faulty legally or procedurally has a lot of advantages. It fosters stability and enhances the development of a consistent and coherent body of law. In addition, it preserves continuity and manifest respect for the past. It also assures equality of treatment for litigants similarly situated. It likewise spares the Judges the task of reexamining rules of law or principles, with each succeeding case, and finally it affords the law a desirable measure of predictability.
RATIO DECIDENDI (SOURCE)
Per Oputa, JSC, in Eperokun v. University of Lagos (1986) 4 NWLR (Pt. 34) 162 at p. 193, cited with approval in Global Transport Oceanico S.A. & Anor v. Free Enterprises Nig. Ltd. (2001) NLC-128331998(SC) at p. 14; Paras D–A (p. 15).
"Standing by a previous decision which has not been proved to be perverse, or to have been decided per incuriam or proved to be faulty legally or procedurally has a lot of advantages. It fosters stability and enhances the development of a consistent and coherent body of law. In addition, it preserves continuity and manifest respect for the past. It also assures equality of treatment for litigants similarly situated. It likewise spares the Judges the task of reexamining rules of law or principles, with each succeeding case, and finally it affords the law a desirable measure of predictability."
EXPLANATION / SCOPE
Following previous decisions (unless perverse or per incuriam) offers many benefits: stability, consistency, coherence, continuity, respect for the past, equality of treatment for similarly situated litigants, sparing judges from re-examining settled principles, and predictability. The doctrine of stare decisis promotes orderly development of law. Litigants can plan their affairs based on established rules. Overruling precedent should be rare. The principle ensures that like cases are treated alike. Judicial economy is served by not revisiting settled questions. The law becomes predictable, which is essential for justice. Departure from precedent requires strong justification.
