LEGAL PRINCIPLE: CIVIL PROCEDURE — Judicial Precedent — Stare Decisis — Lower Courts Bound by Supreme Court Decisions
PRINCIPLE STATEMENT
Under the doctrine of stare decisis, the decision of a higher court may be criticised by a lower court judge, but the judge is bound to follow and apply such decision in the case before him. He has no right to disregard or side-track it.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Dalhatu v. Turaki & Ors (2003) NLC-312003(SC) at pp. 27–28; Paras D–A.
"It is now well settled that under the common law doctrine of precedent or stare decisis, the decision of a higher court may be criticised by the Judge of a lower court but notwithstanding the criticism, the Judge of the lower court is bound to follow and apply such decision in the case before him. He has no right to disregard the decision or side-track it."
EXPLANATION / SCOPE
Lower courts are bound by Supreme Court decisions. The principle applies to judicial precedent. Criticism does not permit disregard. The rule ensures consistency and hierarchy. The lower court must follow binding precedents. The principle is fundamental.