DECISION OF COURT – WHETHER A COURT OF LAW IS BOUND BY A PRECEDENT  IN AN EARLIER DECISION  

 

Yinka Bright
Joined: 8 months ago
Posts: 114
02/09/2019 1:51 pm  

“My noble Lords, I must place on record, that in the wide domain of discretion, previous decisions are not of much relevance. The reason is not far-fetched. The facts and circumstances of two cases are not always on all fours. A court of law is not, willy-nilly, bound by a precedent in an earlier decision as that will be akin to putting an end to exercise of discretion. It can only use such decisions as guidelines, see Abacha v. State (2002) 5 NWLR (Pt. 761) 638; Bamaiyi v. State (2001) 8 NWLR (Pt. 715) 270; Suleiman v. C.O.P., Plateau State (supra); Babatunde v. P.A.S. & T.A. Ltd. (supra); Oyegun v. Nzeribe (2010) All FWLR (Pt. 542) 1612; Regt. Trustees, P.C.N. v. Etim (2017) 13 NWLR (Pt. 1581) 1.” PER O. F. OGBUINYA, J.C.A., in

Dr. Ojor Ayemoba V Mrs Olubunmi Ayemoba :LER[2018]CA/K/382/2016  https://legalpediaonline.com/dr-ojor-ayemoba-v-mrs-olubunmi-ayemoba/


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