Pre-Class Activities
1. Judicial precedent, or stare decisis, is a principle in Nigerian law where cases with similar
facts are decided alike. This doctrine, meaning 'let the decision stand,' requires lower courts
to follow decisions of superior courts in cases with similar circumstances.
a. Ratio decidendi is the legal reasoning or principle that serves as the foundation for a
judicial decision. This part of a ruling binds lower courts to follow it in similar cases, as it
represents the court's rationale.
b. Obiter dictum refers to comments made by a judge that are not essential to the decision
and thus not binding. These statements may guide future cases but are not enforceable as
legal precedents.
c. Per incuriam describes a situation where a previous decision was made without
considering relevant laws or cases. Such decisions are generally not followed as they
overlook significant legal principles or precedents.
d. Distinguishing cases involves identifying significant differences between the facts of a
case at hand and a prior case to avoid applying the earlier decision as precedent. Judges use
this method when they believe the facts or legal issues of two cases are not sufficiently
similar.
2. Stare decisis links to the hierarchy of courts in Nigeria by establishing that lower courts
are bound by the decisions of higher courts within this hierarchy. This relationship provides
consistency and predictability in the legal system, as each level of court adheres to
established rulings from superior courts, thus guiding legal reasoning and maintaining
order.
3. The five types of precedents are:
- Binding precedent: Must be followed by lower courts in similar cases.
- Persuasive precedent: Not mandatory but may influence a decision.
- Original precedent: Establishes a new legal principle in an unprecedented situation.
- Declaratory precedent: Reaffirms an existing law rather than creating new legal
principles.
- Distinguished precedent: When a court chooses not to follow a precedent due to
differences in fact or law.
4. Ten good qualities a judge should possess include impartiality, integrity, patience, legal
expertise, communication skills, decisiveness, respect for procedural law, analytical ability,
judicial temperament, and a commitment to justice.
5. Ten principles that promote judicial independence are:
- Security of tenure to protect judges from arbitrary removal.
- Financial autonomy to prevent undue influence.
- Transparency in judicial appointments to maintain impartiality.
- Freedom from executive interference to ensure unbiased judgments.
- Professional integrity to uphold ethical standards.
- Access to resources for unbiased decision-making.
- Procedural autonomy in court management.
- Judicial accountability to maintain trust.
- Adequate compensation to discourage corruption.
- Educational opportunities for continuous legal development.
These principles protect the judiciary from political and financial pressures, allowing judges
to make impartial decisions, thus preserving the rule of law and public confidence in the
judicial system.
