“The law is trite that a case is only an authority for what it decides, and nothing more. Thus, a case cited as an authority must be considered and utilized in light of its own peculiar facts and circumstances.”
PER J.H. Sankey, J.C.A. Gonimi v. Surundi (2022) – CA/G/7/2022
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Dalhatu Vs Turaki & Ors. (2003) LPELR – 917(SC) @ 41 – 43 C – F, thus: “The doctrine of Judicial precedent otherwise known as stare decisis is not alien to our Jurisprudence. It is a well settled principle of Judicial policy which must be strictly adhered to by all lower courts. While such lower courts may depart from their own decisions reached per incuriam, they cannot refuse to be bound by decisions of higher courts even if those decisions were reached per incuriam. The implication is that a lower court is bound by the decision of a higher court even where that decision was given erroneously.”
It is settled that Courts, including this Court are bound by the earlier decisions of the apex Court on same or similar facts determined on the basis of same or similar legislations in their subsequent determination of cases in respect of same or similar facts and on the basis of same or similar legislations. See ATOLAGBE & ANOR V. AWUNI & ORS (1997) LPELR – 593 (SC) and DR. UMAR V. ADMIRAL MURTALA NYAKO & ORS (2014) LPELR – 22878 (SC).
– M.D. Muhammad JSC. Odey v. Alaga (2021) – SC.9/2021
Per Oputa, JSC. in Chief Gani Fawehinmi v Nigerian Bar Association & ors. (No.2) (1989) 2 N.W.L.R. (Pt.105) 558 at page 650. “Our law is the law of the practitioner rather than the law of the philosopher. Decisions have drawn their inspiration and their strength from the very facts which framed the issues for decision. Once made, these decisions control future judgments of the Courts in like or similar cases. The facts of two cases must either be the same or at least similar before the decision in the earlier case can be used in a later case, and even there, merely as a guide – What the earlier decision establishes is only a principle, not a rule. Rules operate in an all or nothing dimension. Principles do not. They merely incline decisions one way or the other. They form a principium or a starting point. Where one ultimately lands from that starting point will largely depend on the peculiar facts and circumstances of the case in hand.”
This Court is bound by precedent when the facts of the previous decisions have similar material facts with the case before the Court. See DALHATU v. TURAKI (2003) 15 NWLR Pt. 843 Pg. 310, NOBIS-ELENDU v. INEC & ORS (2015) LPELR-25127 (SC), DR. UMAR ARDO V. ADMIRAL MURTALA NYAKO & ORS (2014) LPELR-22878 (SC),NIGERIA AGIP OIL COMPANY LTD v. CHIEF GIFT NKWEKE (2016) LPELR 26060 (SC) and most importantly, the pronouncement of MUHAMMAD, JSC in the case of NWABUEZE v. THE PEOPLE OF LAGOS STATE (2018) LPELR-44113 (SC) where his Lordship held thus: “It is therefore settled that a Court … is bound by its own or the ratio decidendi of a higher Court in an earlier case, if the issues of fact and the legislation the Court considers subsequently are same or similar … where the lower Court, as in the instant case, holds itself bound by the decision… on the same or similar facts, Appellant’s grudge against the lower Court’s decision cannot therefore, be taken seriously…”
— H.M. Ogunwumiju, JSC. UBA v Triedent Consulting Ltd. (SC.CV/405/2013, July 07, 2023)
The most fundamental methodology of administration law in our country, as in most legal systems particularly the common law based systems, is stare decisis, the policy or legal principle which requires courts to follow judicial precedents established by previous decisions. Courts are mandatorily bound to follow the decisions of superior courts that are higher than them in the judicial hierarchy. All courts are bound to follow Supreme Court decisions in cases that are similar to the ones before them. It will amount to a very serious error of law for a court to refuse to follow the judicial precedent of a superior court higher in the judicial hierarchy in a case whose facts are obviously basically similar to the facts of the case before it. It is the kind of judicial attitude that is viewed, across jurisdictions, as a deliberate refusal to follow the law. Whatever different views a judge may hold as to how the law was applied to the facts in the precedent case, he or she is bound to follow the judicial precedent of the Supreme court or in the absence of a Supreme Court precedent, that of a superior court higher in the judicial hierarchy, provided the facts of the present case and that of the precedent case are basically similar. The mandatory duty to follow judicial precedent is in the public interest. It ensures that the adjudicatory process is organized and orderly. It ensures that the judicial application of law to facts is orderly and consistent and thereby makes the law more certain, predictable and responsive to the changed circumstances and expectations of the society. It helps to harmonize judicial opinion and ensure an orderly change of such opinion. The great success of the policy of stare decisis as a very reliable adjudicatory process for centuries, has attracted its application even in Roman Dutch based legal systems in varying degrees. In any case our indigenous traditional adjudicating system is precedent based. It will be dangerous to encourage derogations from the principle of stare decisis. The dis-equilibrating effects can better be imagined. Suffice it to say that it will certainly result in the failure of the judicial process, a failure of the legal system and the resulting collapse of the state structure. These consequences which may appear remote can occur as a direct result of such derogations.
– E.A. Agim, JCA. Ogidi v. Okoli [2014] – CA/AK/130/2012
What is the argument on the other side? Only this: that no case has been found in which it has been done before. That argument does not appeal to me in the least. If we never do anything which has not been done before, we shall never get anywhere. The law will stand still whilst the rest of the world goes on: and that will be bad for both. – Packer v Packer [1954] P 15 at 22
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