Subject Matter Index

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Advantages of stare decisis

Attitude of the Supreme Court to overruling its decisions

Circumstances in which the Supreme Court may depart from or overrule its previous decisions

Circumstances under which a court can depart from its earlier decision

Circumstances under which a court can overrule its earlier decision

Circumstances under which the Court of Appeal can depart from its previous decision

Circumstances under which the Supreme Court can overrule itself

Circumstances where the Supreme Court may depart from its previous decisions

Condition for the applicability of stare decisis

Conditions to be satisfied for a court to overrule its earlier decision

Distinction between stare decisis and estoppel per rem judicata

Effect of failure of a High Court to follow decisions of the Court of Appeal and the Supreme Court

Effect of failure to apply the stare decisis doctrine

Exception to the doctrine of stare decisis

How legal principles in decided authorities should be applied

How the Supreme Court should exercise its power to depart from previous decisions

How the Supreme Court's discretion to depart from its previous decision should be exercised

Meaning and nature of stare decisis

Meaning of stare decisis

Need for precedents to be followed

Position of the law where the court is asked to apply a legislation to ascertained facts

Position of the law where there are inconsistent decisions by the highest court in the land

Position of the law where there are two conflicting decisions of a superior court

Position of the law where there are two conflicting decisions of the Supreme Court

Power of a court to distinguish a decision of a superior court to the case at hand

Principles guiding the Supreme Court and Court of Appeal following their previous decisions under the 1992 Constitution

Principles that the Supreme Court will consider before overruling its previous decisions

Scope of application of the principle of stare decisis

The advantages or import of stare decisis

The authority that will be followed by the court where there is a conflict between statute and a precedent

The benefits of following previous decisions

The binding nature of decisions of the Supreme Court

The mandatoriness of the rule of stare decisis

The paramountcy of decisions of the Supreme Court in relation to courts below

The position of the law on which of two conflicting judgments of the Supreme Court binds the Court of Appeal

The position of the law on which of two conflicting judgments of the Supreme Court should be followed where there is no discernible ratio decidendi

The position of the law where the Supreme Court departs from its earlier decision

The position of the law where there are two inconsistent judgments of a Court with respect to the same case

The power of the Supreme court to overrule its previous decision

The principle that a court is bound by its decision

The principle that cases are judicial authorities only in respect of issues determined

The principle that foreign decisions are merely persuasive authority

The principle that it is the ratio decidendi that binds a subsequent court

The principle that the doctrine of stare decisis applies only in respect of cases with the same facts and/or issues

The principles governing departure of the Supreme Court from its previous decisions

The proper forum for the Supreme Court to depart from its previous decision

The purport of the rule of stare decisis

The rule that a case is only an authority for the facts before it and similar facts arising from subsequent cases as precedent

The rule that a case is only authority for what it decided

The rule that cases are only authorities for what they actually decided in the context of the prevailing facts

The rule that decisions of superior courts are binding on inferior courts

The rule that lower courts should diligently follow the rule of stare decisis

The rule that the Court of Appeal is bound by its previous decisions; exceptions

The underlying consideration for the Supreme Court to overrule its earlier decision

What a party seeking the Supreme Court to overrule its previous decision must establish

What must be satisfied for a review of a decision given on state of facts

What the doctrine of stare decisis postulates

When the doctrine of stare decisis applies

When the doctrine of stare decisis can be applied

Whether a court can give contrary decision to what Supreme Court has decided and pronounced upon

Whether a decision of the Supreme Court can be departed from

Whether a decision of the Supreme Court that has not been overruled must be followed

Whether a High Court can depart from the decision of the Court of Appeal

Whether a lower court can embark on a reinterpretation of a provision already interpreted by the Supreme Court

Whether a lower court can gleefully say that the judgment of a higher court was arrived at per incuriam

Whether a lower court can refuse to follow the decision of a higher court because the lower court thinks that the decision of a higher court is wrong or given per incuriam

Whether a lower court can refuse to follow the decision of a superior court

Whether a lower court is bound to follow the decision of a higher court where he disagrees with it

Whether a Nigerian decision can be overruled by an English authority

Whether a pre-1960 decision of the then Court of Appeal binds any court after the Republican Constitution of 1960

Whether a review application is appropriate for inviting the Supreme Court to depart from its previous decision

Whether a successor court is bound by the decided cases of the court to which it succeeded

Whether all courts lower than the Court of Appeal must follow the decisions of the Court of Appeal

Whether courts below the High Court can ignore the pronouncements of the High Court on a matter before them

Whether courts below the Supreme Court are bound by the decision of the Supreme Court

Whether courts of concurrent jurisdiction are bound to follow the decision of each other

Whether every pronouncement of an appellate or higher court is binding on lower courts

Whether everything said in a decision constitutes binding judicial precedent

Whether it is open to a lower court to disagree with the decision of the higher court on any point

Whether it is proper for a lower court to criticise as wrong a binding authority of a higher court

Whether stare decisis is an absolute bar to reconsideration of a prior decision

Whether the Court of Appeal can depart from its decisions

Whether the Court of Appeal is bound by its previous decisions

Whether the Court of Appeal is bound by its previous decisions

Whether the Court of Appeal is bound by its previous ruling in an interlocutory matter

Whether the Court of Appeal is bound by the pre-1993 cases

Whether the Court of Appeal is bound to follow the decision of the Supreme Court

Whether the current Court of Appeal is bound to follow the previous decisions of Courts of Appeal

Whether the doctrine of stare decisis means that the same conclusion will be reached in each case

Whether the fact that the court casts doubt on existing case law or principle amounts to laying down a new law or principle

Whether the High Court can decline to follow a decision of the Court of Appeal

Whether the High Court is bound to follow the decision of the Court of Appeal reached per incuriam

Whether the High Court or the Supreme Court is bound by the decisions of the West African Court of Appeal

Whether the National House of Chiefs is bound by the decision of the High Court

Whether the rule of stare decisis applies to judgments given per incuriam

Whether the rule of stare decisis extends to errors per incuriam

Whether the Supreme Court can be said to be in error when following its previous and unchallenged decision

Whether the Supreme Court can depart from its earlier decision

Whether the Supreme Court can, sitting as a full court of seven justices, overrule previous decisions

Whether the Supreme Court follows its previous decisions

Whether the Supreme Court has the power to depart from its previous decision on the same constitutional question

Whether the Supreme Court is bound by its previous decisions

Whether the Supreme Court is bound by the decision of the courts established before those under the Fourth Republic

Whether the Supreme Court is bound by the decisions of the West African Court of Appeal

Whether the Supreme Court questions its own decision

Which of two conflicting decisions of the Supreme Court is to be followed

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