CRIMINAL LAW, INTERPRETATION OF ISSUES
STARE DECISIS -PURPORT OF STARE DECISIS-IMPROPRIETY OF A LOWER COURT’S FAILURE TO FOLLOW THE DECISION OF A SUPERIOR COURT
ELEMENT OF AN OFFENCE -EFFECT OF FAILURE TO PROVE
“It is not proper to refuse to follow the decision of a superior court. A lower court should tow the line”. PER JOHN AFOLABI FABIYI, JSC
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SUBJECT MATTER – JURISDICTION
Exclusive jurisdiction of the Federal High Court.
“The Jurisdiction of the Federal High Court to entertain an action is determined by examining the law conferring Jurisdiction at the time the suit is instituted and trial commences” Bode Rhodes – Vivour, JSC
Amended Statutes – Effect of Amended of Statutes on Pending Suits
“The law in force ,or existing at the time the cause of action arose is the law applicable for determining the case.This law does not necessarily determine the jurisdiction of the court at the time that jurisdiction is invoked.That is to say the law in force at the time cause of action arose governs the determination of the suit,while the law in force at the time of trial based on cause of action determines the court vested with jurisdiction to try the case…A litigant who had a cause of action in 1990 would have his case governed by the law at the time(i.e 1990)if trial commences before 1993 the court to try the case would be the State High Court but after 17/11/93 the case would be tried in the Federal High Court” Bode Rhodes – Vivour, JSC
Stare Decisis; Meaning and effect.
“The Supreme Court is the final Court of Appeal in Nigeria.Its decisions are binding on every court in this country…following previous decisions of this court ensures certainty and order in the judicial system .It ensures stability and removes surprises.Counsel is assured that justice would be done,it reduces stress and makes the task of dispensing justice easier and less onerous” Bode Rhodes – Vivour, JSC
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