ICANBusiness LawNigerian Legal System and Sources of Law2022

The doctrine of judicial precedent (stare decisis) is a fundamental principle of the Nigerian legal system. In which of the following scenarios is a lower court BOUND by a prior decision?

AA Federal High Court is bound by a decision of the Court of Appeal of a different judicial divisionCORRECT
BThe Supreme Court is bound by its own previous decisions in all circumstances
CA State High Court is bound by a persuasive decision of the High Court of another State
DThe Court of Appeal is bound by obiter dicta statements made by the Supreme Court
AI
Toaster Teacher
Why the answer is A, and why the others tempt you.
Under the doctrine of stare decisis, a lower court is bound by the decisions of courts superior to it in the same judicial hierarchy. The Court of Appeal is superior to the Federal High Court, so any Federal High Court is bound by decisions of the Court of Appeal, regardless of the judicial division in which the decision was made, as the Court of Appeal speaks with one voice nationally. The Supreme Court is not absolutely bound by its own previous decisions as it can depart from them in the interest of justice. Obiter dicta are persuasive, not binding, and decisions of courts of coordinate jurisdiction are also merely persuasive.
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