APPELLATE PRACTICE — Supreme Court Precedent — Conditions for Overruling Previous Decision
Ratio Decidendi
Per Aderemi, JSC, in Tanko v. State (2009) NLC-123-53-2008(SC) at p. 11; Paras A–B:
"To guard against instability crippling into the corpus of our laws; the following conditions must be seen to be present in the previous judgment sought to be set aside, and they are: (a) that the previous judgment is erroneous in law, or (b) that the previous judgment was given per incuriam; or (c) that the previous judgment is contrary to public policy or is occasioning miscarriage of justice or perpetuating injustice."
Explanation / Scope
This principle establishes the conditions for the Supreme Court to overrule a previous decision. The previous judgment must be erroneous in law, given per incuriam, contrary to public policy, or occasioning miscarriage of justice. The principle applies where the court is asked to depart from precedent. It ensures stability in the legal system. The principle reflects the doctrine of stare decisis. It prevents arbitrary overruling of previous decisions. The court must be satisfied that one of the conditions is met. The principle provides guidance on when departure is justified. It balances certainty with the need for correction.