“They are right; it is trite that foreign decisions are only of persuasive authority. See also Araka V. Egbue (2003) 17 NWLR (Pt 848) 1 at 20, where Tobi, JSC, expatiated further on the use of foreign decisions in Nigerian Courts, as follows-

“I should not be misunderstood as saying that foreign decisions, including Indian authorities cannot be used by this Court. No, that is not the point I am making. Foreign decisions will continue to be useful in the expansion of the frontiers of our jurisprudence but this Court cannot invoke such decisions where it thinks they are contrary to the Judgments of the Court which are correctly decided. Of course, this Court will not hesitate to use any foreign decision if its correct even though contrary to our decision; if the Court comes to the conclusion that its decision is wrong. In such a case, this Court will, in the light of the foreign decision, overrule itself and choose to go by the foreign decision, which is correctly given. Subject to the above, the state of the law that foreign decisions are of persuasive authority will remain and for all times and forever.”

So, there is nothing in our laws that says the Nigerian Courts cannot rely upon foreign decisions. However, such foreign decisions, which may be "useful in the expansion of the frontiers of our jurisprudence" - Araka V. Egbue(supra) are not binding on the Nigerian Courts; they are merely of persuasive authority.

There is no case in Nigeria where an Applicant has been substituted for a deceased Appellant in a criminal appeal, but Nigeria derived its legal system from England, and Applicants cited English cases, where this was dealt with -Regina v. Rowe (supra), Hodgson v, Lakeman (supra), R, v, Jeffries (supra).” 

PER A.A. AUGIE, J.S.C IN THE CASE OF BRIGADIER GENERAL  JAMES OMEBIJE ABDULLAHI V NIGERIAN ARMY & ORS; LER(2018)SC. 433/2010