LEGAL PRINCIPLE: APPELLATE PRACTICE — Precedent — Court of Appeal Not Bound by Its Own Erroneous Decision in Conflict with Supreme Court Authority
PRINCIPLE STATEMENT
Where a previous decision of the Court of Appeal is in conflict with a decision of the Supreme Court, the Court of Appeal is not bound to follow the decision. As a matter of law, the court must follow the decision of the Supreme Court.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Olutola v. University of Ilorin (2004) NLC-2111999(SC) at pp. 32–33; Paras E–A.
"Where a previous decision of the Court of Appeal is in conflict with a decision of the Supreme Court, the Court of Appeal is not bound to follow the decision. As a matter of law, the court must follow the decision of the Supreme Court."
EXPLANATION / SCOPE
The Court of Appeal must follow Supreme Court decisions over its own conflicting precedents. Supreme Court authority is superior and binding. The principle applies to judicial precedent and stare decisis. The rule ensures hierarchical compliance with the highest court. Erroneous Court of Appeal decisions conflicting with Supreme Court have no binding force. Lower courts must prioritize Supreme Court decisions.
