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CONFLICTING DECISIONS: Position of the law where the Court of Appeal is faced with two conflicting decisions

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"The law is trite, where there are conflicting judgments of Courts of equal jurisdiction, the rule is that the decision that is latter in time prevails. See the cases

of Alao v. V.V.C Unilorin (2008) 1 NWLR (Pt. 1069) 421 @ 450, paragraphs F-H; and Adigun v. Ayinde (1993) 8 NWLR (Pt. 315) 534. The trite position of law
has been restated by the Apex Court in the case of Osakwe v. Federal College of Education (2010) 3 SCNJ page 529 at 546 where Ogbuagu, JSC had this to
say:- "Those who think they are very knowledgeable than this Court, if they have listening ears, let them hear and take care. I have gone this far, because the
learned Justices of the Court of Appeal in the University of Ilorin v. Adeniran (supra), who claim or assert to be "torn between the two judgments of this Court"
should please take note and come to terms with the principles or doctrines of stare decisis, precedents and hierarchy of the Courts, which are clear and
unambiguous. They are an indispensable foundation. For the umpteenth time, where there appear to be conflicting judgments of this Court, the later or latest
will or should apply and must be followed if the circumstances are the same."

Per BDLIYA, JA. J.C.A IN THE CASE OF CENTRAL BANK OF NIGERIA vs.ZAKARI(2018)LPELR-44751(CA)


   
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