Mary Akanbi
6th November, 2025
- INTRODUCTION OF TOPIC: As an undergraduate of law at the Enugu State University of Science and Technology Enugu in I993 one of our first year main course was Legal Method and Legal System. Stare Decisis was a prominent topic in the two courses and fortunately or unfortunately in my set one lecturer was handling the two courses. Therefore l can say he painstakingly tutored us on what is stare decisis and the implications on our judicial processes but despite all these it is still certain some judicial officers still disobey laid down precedent hence this article today.
- DEFINITION & MEANING: Stare decisis is Legal Latin maxim meaning standing on or standing on decided authorities with same facts. Therefore this doctrine was established as a guide in common law that there shall be certainty in judicial pronouncements as it concerns decisions of court within the same common law jurisdiction. In the old USA Supreme Court decision of ROE V WADE, the court ruled that it is a constitutional right of a woman to elect to have abortion of the foetus in her womb, a lot of persons especially Christians of certain denominations have criticised the ruling but over 50 years it is still part of their laws. See also DIRKS V SEC
The reason why there is a doctrine of stare decisis is majorly for uniformity and predictability of pronouncements. In Nigeria as a common law country it is traditionally in practice for lower courts to mandatorily follow earlier decisions of higher courts in deciding cases with similar facts. At this juncture let me list some advantages of following the doctrine of stare decisis as follows - ADVANTAGES OF DOCTRINE;
*Uniformity of decions on same facts
- Predictability of judgment
- Fairness and Fair hearing
- Saves time of parties
- Consistency & Certainty
- Equal Treatment
DISADVANTAGES
Whatever have advantages may have few disadvantages and here are some viz - Rigid application
- lnfkexibility & Uninnoviative
- lnjustice over time and space.
- CONFLICT OF JUDICIAL PRONOUNCEMENTS & REFUSAL OF LOWER COURTS TO OBEY HIGHER DECISION IN NIGERIA
In Nigeria there is alarming decay of integrity, process and procedures. This is gradually becoming the norms even in our judicial arm where judicial officers will decide to give judgment without considering earlier judgment bu higher courts in similar circumstances and/or may claim that it is not the same facts and sinerio. Initially it began in election petition pronouncements and gradually coming to other litigation. I remember Hon Justice Salami of President Court of Appeal as he then was insisting on using a particular panel in all governorship elections petition in Nigeria. This gave room for Uniformity in pronouncements even though another school said the leader of AC den and our president now oiled his palms and AC through that process got about five governors at that time. See also the judgments of Court of Appeal of different zones before the constitution was further amended for petition for governorship to get to Supreme Court.
In the recent Supreme Court of Nigeria case of OWONIYI V AIYEWUNMI (2025) PT 2011 PG 390, the supreme Court per Abiru JSC once more sounded a note of warning to judges of lower courts in Nigeria who refuse to use precedents despite lawyers citing them in court. In that case which emanated from chieftency laws of kogi state and some laws of kwara state that are applicable to Kabba having been previously under the state. In the High Court lawyers cited earlier cases of the supreme Court of Nigeria on similar facts namely 1.IKINE V EDJERODE & 2. ESUWOYE V BOSERE & OTHERS but the High Court judge ignored and discounteranced it on a flimsy reasons and it was a clear case judicial impertinence and rascality. Therefore judicial officers of lower court must adhere strictly to already decided cases of Higher courts in Nigeria as vertical stare decisis or punishment should be enforced thereto to enable sanity prevail in our judicial system. - THe WAY FORWARD AND ROLE OF NATIONAL JUDICIAL COMMISSION & OTHER BODIES CONNECTED THERETO
The doctrine of stare decisis is old as common law principles, in Nigeria the write up urges the National Judicial Commission NJC headed by the Hon. Chief Justice of Nigeria to continue doing the needful to forestall situation where breach of this established principle of common law will continue to increase in Nigeria. I remember strictly the judgment of Hon Justice Inyang Ekwo presently on suspension by NJC for several act in line with non conformity with judicial oath. This very judge of Federal High Court Abuja gave a lot of judgment without following laid judgment in that line. In his judgment in PDP VS ENGR DAVE UMAHI & OTHERS, he declared that for governor umahi to defect from PDP to APC he will lose his seat and asked PDP to nominate a new person to be issued with a certificate of return by INEC. This very judgment has no constitutional backing and he merely confused himself in that pronouncement. See also the judgment of late Hon Justice Stanley Nnaji of Enugu State High Court removing His Excellency Dr. Chris Ngige of Anambra State. Inter state jurisdiction excess and breach of doctrine of stare decisis. The NJC should continue to sanitise our judicial network for more discipline and authorities in the right direction. - CONCLUSION
In summary the doctrine of stare decisis is very important for maintaining Uniformity, consistency, predictability and judicial independence. It is therefore very crucial to fairness and Fair hearing in our Nigeria legal system.
Thanks for your time.
Article written By Barrister Dr Obiajulu Uja, An Attorney & Leadership Coach, he is also a Professor of practice in Corporate Laws & Governance on 07040000935@kubwa
