Argue whether or not judicial precedent is a primary or secondary source of constitutional law
Answers (1)
Etaba Agbor
Oct 30 2021
Judicial Precedent is a primary source of law being that there are decisions of the Nigerian court on matters that have come before it. It is widely believed by the realist school of law that what the judges do in court is the law. This underscores the fact that case laws are a primary source of law being that the courts in interpreting laws usually deliver judgements which will be made recourse to subsequently when matters of the same facts and circumstances comes before the court. The doctrine of stare decisis operates to ensure that courts follow their previous decisions and those of their predecessors when matters of the same facts and circumstances comes before the court. See PDP v. ORANEZI & ORS (2017) JELR 37387 (SC)
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