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‘STARE DECISIS’ IS TO STAND BY THINGS DECIDED

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This appeal illustrates the fundamental importance of the principle of stare decisis in our jurisprudence. “Stare decisis” is defined in Black’s Law Dictionary, 8th Edition, at Page 1443 thus: “to stand by things decided. The doctrine of precedent under which it is necessary for a Court to follow earlier judicial decisions when the same points arise again in litigation. ….. “The rule of adherence to judicial precedent finds its expression in the doctrine of stare decisis. The doctrine is simply that, when a point or principle of law has been once officially decided or settled by the ruling of a competent Court in a case in which it is directly and necessarily involved, it will no longer be considered as open to examination or to a new ruling by the same tribunal, or by those which are bound to follow its adjudication, unless it be for urgent reasons and in exceptional cases. ….” It is settled law that for the doctrine to apply, the facts of the two cases must be the same or similar. The adherence to precedent provides for certainty of the law. See: Adegoke Motors Ltd. v. Adesanya (1989) 3 NWLR (Pt. 109) 250; Mailantarki v. Tongo (2017) 5 – 6 SC (Pt. II) 132; University of Lagos v. Olaniyan (1985) LPELR – 3419 (SC) @ 26 C – F.

— K.M.O. Kekere-Ekun, JSC. State v. Andrew Yanga (SC.712/2018, 15 Jan 2021)

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STARE DECISIS ON SIMILAR FACTS

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

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CASES ARE AUTHORITIES FOR WHAT THEY DECIDE

It is trite law that cases are authorities for what they decide such, that it is not helpful to flog authorities where the facts and circumstances of cases are different. See PDP VS INEC (2018) LPELR-44373 (SC) AND OLLEY VS TUNJI (2015) 10 NWLR (PT. 1362) 374.

— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)

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A CASE PRECEDENT PROPERLY DISTINGUISHED CANNOT APPLY IN PRESENT CASE

Where the reliance on a precedent case is challenged in a proceedings on the basis that the facts are distinguishable from those of the present case, the court must determine if the facts of the two cases are the same or not. It cannot gloss over that issue and proceed to simply rely on the precedent case on the ground only that the law applied in that case is the same law that is sought to be invoked or applied in the precedent case. A law can be applied in various factual situations. So upon a challenge that the factual situation in which a law was applied in a previous case is different from the factual situation in a present case and therefore cannot apply to it, it becomes necessary to determine the factual basis for the application of that law in the precedent case so as to determine if the precedent case applies to the present case. If the factual basis of the application of the law in the precedent case is different from those in the present case, then the precedent is successfully distinguished from the present case and cannot apply to it on the relevant point.

— Emmanuel Akomaye Agim, JSC. Lagos State Govt. v. Abdul Kareem (2022) – SC.910/2016

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HOUSE OF LORD MAY EVEN DEPART FROM HIS PREVIOUS DECISION WHERE IT SEES FIT

As far back as 1898 the House of Lords finally agreed to be bound, and decided that it was bound, by its own decisions (see London Street Tramways v. London County Council (1898) A.C. 375). This has been the position for almost a century until 1966 when it had to qualify its stand by the following statement made by Lord Gardner, L.C. on behalf of the House (i.e. on behalf of himself and The Lords of Appeal in Ordinary): “Their Lordships regard the use of precedent as an indispensable foundation upon which to decide what is the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for orderly development of legal rules. Their Lordship nevertheless recognise that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose therefore to modify their present practice and, while treating former decisions of this House as normally binding, to depart from a previous decision when it appears right to do so. In this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts, settlements of property and fiscal arrangements have been entered into and also the special need for certainty as to the criminal law. . .” see (1966) AIIE.R. 77.

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THE SUPREME COURT IS BOUND BY PRECEDENT

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)

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THE IMPORTANCE OF STARE DECISIS IN OUR ADJUDICATORY SYSTEM

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

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