LEGAL PRINCIPLE: JUDICIAL PRECEDENT — Stare Decisis — Foreign Decisions Cannot Supplant Correctly Decided Domestic Case Law
PRINCIPLE STATEMENT
Foreign authorities of the greatest learning cannot supplant domestic case law that is rightly decided on issues coming before the court. Foreign decisions will continue to be useful in expanding jurisprudence, but the court cannot invoke them where they are contrary to correctly decided judgments of the court.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Araka v. Egbue (2003) NLC-1671999(SC) at p. 14; Paras C–E.
"Foreign authorities of the greatest learning cannot supplant our case law which is rightly decided on issues coming before this court. ... Foreign decisions will continue to be useful in the expansion of the frontiers of our jurisprudence but this court cannot invoke such decisions where it thinks they are contrary to the judgments of the court which are correctly decided."
EXPLANATION / SCOPE
Domestic correctly decided case law prevails over foreign authorities. The principle applies to judicial precedent. Foreign decisions are persuasive but not binding. The rule ensures respect for domestic jurisprudence. The court will not follow foreign decisions that conflict with settled domestic law. The principle is well-established.