A JURISPRUDENTIAL ANALYSIS OF THE APPLICATION OF THE DOCTRINE OF STARE DECISIS UNDER THE NIGERIAN LAW

Abstract

This paper attempts a critical analysis of the application of the doctrine of stare decisis under the Nigerian law. The doctrine of stare decisis entails to stand by decided cases and with the obligation of the judges to follow previous decisions of higher courts in appropriate cases. The inclinations to be guided by past decisions is a natural course of conduct and is therefore not peculiar to common law systems. The aim of the effort is to examine the application of the doctrine in the various strata of courts. The study adopted doctrinal methodology of research and placed reliance on primary sources of several statutes and decided cases. The findings of the study were that the application of the doctrine has left the system open to several abuses and negative consequences in judicial administration and these have debilitating consequences in the working of the courts and judicial administration. The study concluded that there is the need to revisit the application of the doctrine for its continued relevance to modern adjudication.