LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Stare Decisis — Overruling Earlier Decisions — Conditions for Departure
PRINCIPLE STATEMENT
Departing from an earlier decision is a very grave function of the court. The party urging departure must satisfy the court of the obvious need. The court balances the stability of the law against the need for legal development.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Awuse v. Odili & Ors (2003) NLC-2052003(SC) at p. 43; Paras A–D.
"Departing from an earlier decision is a very grave function of the court, and the duty is on the party so urging to satisfy the court that truly there is the obvious need to so depart. In taking a decision whether or not to depart from its earlier decision, the court is faced with two competing situations: (1) The situation where the stability of the law in vindication of the doctrine of stare decisis is a desideratum. (2) The situation where rigid adherence to the doctrine of stare decisis will ruin or impede the development of law and the amicable administration of justice."
EXPLANATION / SCOPE
Overruling precedent is a grave step. The principle applies to judicial precedent. The party must show the need. The rule balances stability and development. The court will not lightly depart from its decisions. The principle is well-established.
