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AN APPRAISAL OF THE CONCEPT OF STARE DECISIS IN NIGERIA
ABSTRACT
This project embodies an overview of the doctrine of stare decisis in the context of the Nigerian legal system. Stare decisis is an abbreviation of the Latin phrase, ‘stare decisis et non quieta movere’ meaning to abide by a former decision where the same comes up again in litigation. It is one of the renowned features of the common law system on which the entire Nigerian corpus juris is founded.
Stare decisis is basically concerned with reliance on precedent for consequent rules on reasoning and decision. The practice of the doctrine of stare decisis necessitates that the principle of law on which a court bases its decision in relation to the material facts and matters before it must be followed by courts that are lower in hierarchy; it may be followed by a court of coordinate jurisdiction or a court which is higher in hierarchy in future similar cases. Precedent could be either binding or persuasive. When a court is under obligation to follow a previous decision, the precedent is said to be binding. When a court has discretion whether or not to follow a previous decision, the precedent is said to be persuasive.
For a comprehensive overview, this research work sums up the terminologies of the doctrine under study in its introductory chapter. In order to do justice to its historical antecedents, the project analyses the practice of the doctrine by old courts under the received English law, including the Privy Council and the West African Court of Appeal. It also appraises merits and demerits of stare decisis. It also gives a modern day perspective by examining the hierarchy of courts in Nigeria’s contemporary legal system, as heirarchy is the basis on which each court will be bound by the decisions of higher courts.
The methodology utilized in this research work, based on both primary and secondary sources, includes various excerpts and articles from text books, as well as articles and journals from the internet.

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freshlaw:
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For those of us who enjoy topics under the legal concept of STARE DECISIS, here is another topic to work on:

A CRITICAL ANALYSIS OF JUDICIAL HIERARCHY, JUDICIAL PRECEDENCE & JUDICIAL ACTIVISM IN NIGERIA.

Yes, I know it's a great topic.

Chapters 1-5quote author=freshlaw post=65868376]For those of us who enjoy topics under the legal concept of STARE DECISIS, here is another topic to work on:

A CRITICAL ANALYSIS OF JUDICIAL HIERARCHY, JUDICIAL PRECEDENCE & JUDICIAL ACTIVISM IN NIGERIA.[/quote]

Chapters 1-5

Relevant topic in legal practice.

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