EVIDENCE LAW — Judicial Precedent — Stare Decisis — Binding Effect on Lower Courts
Ratio Decidendi
Per Adekeye, JSC, in Dingyadi & Ors v. INEC & Ors (2011) NLC-123-32-2010(SC) at pp. 30—31; Paras E—A:
"Under the doctrine of stare decisis, lower courts are bound by the theory of precedent. It is in effect a doctrine which enjoins judges to stand by their decisions and the decisions of their predecessors however wrong they are and whatever injustice they inflict. All courts established under the constitution derive their powers and authority from the constitution. The hierarchy of courts shows the limit and powers of each court."
Explanation / Scope
This principle establishes that under the doctrine of stare decisis, lower courts are bound by precedent and must stand by the decisions of their predecessors, however wrong or unjust. The principle applies in all courts. It ensures consistency in judicial decisions. The principle reflects the binding nature of precedent. It prevents lower courts from departing from superior court decisions. The court must apply precedent. The principle provides guidance on stare decisis.