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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Conflicting Rationes Decidendi: The Dilemma of the Lower Courts in Nigeria
Author:Essien, Enefiok
Periodical:African Journal of International and Comparative Law
Geographic term:Nigeria
supreme courts
courts of first instance
Law, Human Rights and Violence
External link:http://www.heinonline.org/HOL/Page?handle=hein.journals/afjincol12&id=35&collection=journals&index=journals/afjincol
Abstract:This article examines what options are open to the lower courts in Nigeria when faced with conflicting precedents (rationes decidendi) of the Supreme Court or of the Court of Appeal. The author argues, while analysing several relevant cases, that in a situation of conflict the lower court may be at liberty to pick and choose which of the Supreme Court or Court of Appeal decisions to follow. In this connection, he also demonstrates that the option of simply following the latter of the conflicting decisions, though an easy way out of the quandary, is in most cases arbitrary and largely unsupportable. However, he concludes that it is more probable than not that the last word has not yet been said on this issue. Notes, ref.