The Legal Doctrine of Stare Decisis and Rationality: An Introduction The doctrine of stare decisis is expressed in the maxim "stare decisis et non quieta movere", which means "to … Ever The Doctrine of Stare Decisis 9) It is a settled principle of law that a judgment, which has held the field for a long time, should not be unsettled. The decisions of the Supreme Court as the last court in Nigeria are binding over all the courts in Nigeria

By Erich Vieth – Aug 1, 2019 .

The article explores the doctrine of stare decisis in Nigeria. The interests of justice also demand impartiality from the judge. The application of this doctrine ensures that there is uniformity and certainty in the law. The recognition of the doctrine has been affirmed in plethora of decided cases. Next, doctrine of stare decisis ensures impartiality of judge. Practical law is founded on experience but the scope for further experience is restricted if the first case is binding. The doctrine of stare decisis makes the decisions of courts, usually the higher forums, binding on subordinate courts in cases in which similar or identical questions of law are raised before the court. The doctrine of stare decisis is a limiting factor in the development of judge-made law. The doctrine of stare decisis is a well rooted doctrine in the Nigeria jurisprudence. Understanding stare decisis (“SD”) is important for all lawyers, but it’s especially compelling for litigators facing unfavorable precedent. Stare decisis is Latin for “to stand by things decided.” In short, it is the doctrine of precedent.. Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued.

The Exaggerated Importance of Stare Decisis . SD requires that outcomes of new cases should mirror the outcomes of similar cases that are older and controlling. By this doctrine, when the court has once “laid down a principle of law as applicable to a certain state 1 LL.B (Hons), BL, LL.M.,Faculty of law University of Ilorin, P.M.B 1515, Ilorin, Nigeria.

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