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THE CASE OF UCHE NWOSU DOES NOT APPLY TO THIS

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So, for the decision of this Court in Uche Nwosu’s case to apply mutatis mutandis, the fourth Respondent, who the Appellant contends has offended the law, would need to have contested two Primary Elections, emerged winners of both, and had his name forwarded by both Parties as their respective candidates for the 2023 General Election. Did he purchase a second nomination form to warrant stepping into the Appellant’s shoes in Uche Nwosu V. APP (supra), and thus, invite the same pronouncement thereat on himself? No; the fourth Respondent was not required to buy any nomination form. He was the second Respondent [APC]’s candidate at the election into the Office of Senator representing the Borno Central Senatorial District. But before the election could hold, he was nominated as the third Respondent’s associate, who is to occupy the office of Vice-President. The fourth Respondent did not buy a nomination form for the said office, and most importantly, did not contest any primary election in order to emerge as APC’s Vice-Presidential candidate. Given these acute dissimilarities, can the facts of the two cases be the same? Can such a scenario come within the parameters of Section 35 of the said Act? I think not; this cannot be the intention of the lawmaker as that will lead to absurdity. It is the law that statutes should be given their natural meaning, except to do so will lead to absurdity Toriola V. Williams (1982) 7 SC 27/46, Nonye V. Anyichie (2005) 2 NWLR (Pt. 910) 623, (2005) 1 SCNJ 306 at 316.

— A.A. Augie, JSC. PDP v INEC (2023) – SC/CV/501/2023

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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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CAUTIOUSNESS IN APPLYING FOREIGN DECISIONS TO NIGERIAN SITUATIONS

This Court had earlier on in Oruakpor Okokor v. The State (1967) NMLR 889 at 191 (per Idigbe, JSC) sounded the following note of warning:- “Trial Courts should be a little more cautious in the application of principles of English law in the face of specific provisions in our local statutes”. It is the duty of every Nigerian Court not only to uphold but to apply Nigerian Laws and rules of Court. As Obaseki, JSC rightly put it in Bendel State v. The Federation (1981) 10 SC 115:- “Just as Australian Courts apply Australian law and American Courts apply American law, be they State or Federal, Nigerian Courts are enjoined to by the Nigerian Constitution to follow Nigerian law…” Eso, JSC at pages 187-188 of the above Report stated that:- “Gone should be those days if ever they were, when the decisions of other Courts in any common law country are to be accepted in this country as precedents in the like of the Delphic Oracle.” See also Uyanne v. Asika (1975) 4 SC 233 and Esan v. Olowa (1974) 3 SC 125.”

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‘STARE DECISIS’ IS TO STAND BY THINGS DECIDED

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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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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[DS] IT IS EMBARRASSING FOR A LOWER COURT TO SET ASIDE A DECISION OF A HIGHER COURT

It is also not in dispute that following the order of 19 th March, 09 which had been carried out, the respondents appealed to this court against the grant of same and followed up with an application for an injunction restraining the receiver appointed from acting in that office. It is when this application and the appeal were in existence that the respondents orally applied to have the Court of Appeal order of 19/3/09 discharged. Thus when this order was discharged on 1/7/09 it completely rendered ineffective and nugatory the motion and the appeal pending before the Court of Appeal and the Supreme Court. This situation, with tremendous respect to the learned senior counsel to the respondents’ is extremely embarrassing to our judicial system and the order of seniority of the court of record in Nigeria. In the first place, the trial court is bound by the orders of the Court of Appeal and I therefore wonder where the trial court conjured its jurisdiction to discharge the higher court’s order, not being a court of co-ordinate jurisdiction without any reference to the higher court. This is to dis-organise the constitutionally well arranged seniority of courts Hierarchy of courts and staire decises brushed aside. My Lords, a trial court may not be satisfied with the orders or findings of the Court of Appeal, there is nothing it can do about it, its constitutional and judicial role is either to obey or enforce that order, any act or process challenging the said order would have to be referred to the Court of Appeal any act to the contrary would amount to a breach of the constitutional provisions of the 1999 constitution of the Federal Republic of Nigeria. The same applies to the Court of Appeal where the Supreme Court’s order is in question. By granting the order of discharge not made by it but by a higher court the trial court has in effect knocked off the substratum or lis of the appeal against the grant of that order now pending before this court.

— Mutaka-Coomassie, JSC. Shinning Star Nig. Ltd. v. AKS Steel Nigeria Ltd. (2011) – SC. 101/2010

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LACK OF A PRECEDENT ON A POINT CANNOT DENY JUSTICE

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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