INTERROGATING THE RELEVANCE AND SUSTAINABILITY OF JUDICIAL PRECEDENT IN NIGERIAN JURISPRUDENCE

Abstract

This article focused on ‘Interrogating the Relevance and Sustainability of Judicial Precedent in the Nigerian Jurisprudence.’ The objectives were to examine the nature and practice of judicial precedent, to assess the position of the Supreme Court on stare decisis, and to analyze the prospects of judicial precedent in the Nigerian jurisprudence. The research methodology was doctrinal approach, using expository and analytical research design. The main sources of data collection were literatures from physical library and e-library. This research found, among others, that certainty and consistency are paramount in the judicial system and they enable a speedier judicial process to be effectuated through previously decided case law called the judicial precedent. Also, that judicial precedent is an unavoidable practice in the legal parlance because it also saves time, cost, and stems the tide for judicial rascality by keeping judges in check to reduce wanton exercise of discretion, though with some shortcomings. Sequel to these, the recommendation, among others, was that the National Assembly should enact law for strict adherence to judicial precedent, and judges who dissuade from judicial precedent should be sanctioned to deter others, also lawyers should take leverage on judicial precedent and avoid duplication of matters.