The precedent of the jurisprudence in its strict observance has not achieved its objective. The continued use of erroneous decisions, which serves as a precedent, has led to the perpetuation of injustice and delayed the application of better judgment by exceptionally qualified judges. The case of Fayemi v Oni[2] and Agbije v Fashola[3], where the facts were the same but the judgment contradicted each other, is an example of decisions that are not ideal in the doctrine of precedent and its application in the Nigerian legal system. „I spend a lot of time in my library. It fills the shelves of two large rooms in our Regency home. It is, I believe, the best collection of law books in the hands of the private sector. All cases reported in England for four centuries. All the cases of the common market since the beginning of thousands and thousands of cases. Volumes are increasing year by year. I sometimes wonder if our system of jurisprudence will withstand that burden.

The weight is not lightened by our modern search tools such as „Lexis“ and „Eurolex“. They only make things worse. They tell you not only about reported cases, but also about unreported cases. So there`s even more to look for. A compelling precedent is an earlier court decision that allows a judge to overturn or overturn such a case. The obiter dicta is a convincing element of the previous one. The All Nigeria Law Reports were prepared by DR. T.O. ELIAS, he was a scholar and he became Attorney General of Nigeria and later Chief Justice of Nigeria.

He became a member of the International Court of Justice in 1976, its Vice-President in 1979 and finally President of the Court in February 1982. The 14. He died in August 1991 and was described in terms unprecedented in Nigerian legal history. The Sunday Observer of 18 August 1991 called him „Mr Premier“. The Daily Times of 24 August 1991 called him „a world-renowned international scholar and scholar“, while the Guardian of 24 August 1991 wrote: „Ellias was a shining star among legal luminaries and a giant among academics“. In 1990, The All Nigeria Law Reports was repackaged, reprinted and renamed under the editorial direction of Prince Bola Ajibola SAN CBE, former President of the Nigerian Bar Association, former Attorney General of Nigeria and former Judge of the International Court of Justice in The Hague. In his foreword to the reports, Prince Ajibola wrote: „The ANLR probably has the largest collection of cases decided between 1960 and 1990 by the Supreme Court of Nigeria (and in some cases by the Court of Appeal)“ (See (1961) ALL NRL at page xi). Reports are always a must for all lawyers in Nigeria. Some authors believe that binding precedents apply to courts empowered to administer common law adjectives,36 which do not include territorial and customary courts. However, it is conclusively recalled that they are thus bound and enjoy complying with the decision of the higher courts which binds them in such a way that they have thus obtained substantial justice in their proceedings. 37 Supreme Court Judge Katsina Alu explicitly pointed out that the refusal of a lower court judge to follow and be bound by the Supreme Court`s decision is blatant insubordination and that such a bailiff is „an outsider in the judicial system“.

(page 336, para. E-F). 2 The Honourable Justice Emmanuel Nnaji „Application of stare decisis and precedent in lower courts in Nigeria“ 18-22 March 2019. pp.3-4. (a) How is the doctrine of precedent applied? This research is important because, through its various results, it will provide possible recommendations to limit the challenges posed by the strict adherence to the doctrine of jurisprudence by judges and lawyers in our courts. These recommendations, if considered and implemented, would help to restore the doctrine of precedent to its rightful place in the administration of justice in Nigeria. Nigerian courts and textbook authors use precedent and stare decisis interchangeably, as if the two were synonymous. Binding precedents are decisions of higher courts in earlier cases, which must be followed by the lower court. Ratios decidendi are an integral part of a precedent. A precedent is a technical term known as „stare decisis,“ which is a Latin term meaning „to leave the decision in abeyance.“ 7. The Black Law Dictionary 8 defines precedent as a decision rendered in cases that serve as a reference point or authority for a judge in deciding identical or similar issues in subsequent cases. 10 Legal Dictionary, 17 April 2019.

legaldictionary.net/category/philosophy-and-system-of-law/ Secondary precedent: – This type of precedent is merely an extension of the limits of an existing provision to take account of similar cases where there is no direct competence on the point under consideration. 16 It is a proclamation that broadens its scope by amending an earlier decision. During this paperwork, we will put more emphasis on court precedents and computer applications. In the sense that we can view it as an applicability in our well-formulated Nigerian judicial hierarchy, directly from the Supreme Court, Court of Appeal, High Courts and its equivalent, as well as its applicability to our lower courts which are not courts of record. Case law is a legal experience. In normal life, people rely on past experiences when they engage with a company, these experiences are nothing but precedents. Leaders are always aware of their actions so as not to set a bad precedent. A customer who wants to cook a particular dish and wants to preserve the original taste of that dish will do well to follow the recipe and systematic procedure when cooking the dish. It is no different with the law, especially in the Nigerian legal system. In fact, the concept of precedent is nothing more than a judge`s confidence and today`s decision on yesterday`s experience.

Precedents can be divided into three (3) types of basic precedents; Original, derivative and declaratory. The era of the electronic library has begun well and the legal profession is not left behind. Law libraries are increasingly taking the digital route. Legal collections and other research materials are now increasingly stored and transmitted electronically, changing the face of the traditional law library. It is not in place to see lawyers relying more on different search engines to find the source of judicial precedents. The benefits are too many. However, there is a growing school of opinion and even demands that first-instance judgments, especially in the supreme courts, whether federal or state, not be sufficiently reported. In her Lagos High Court Reports (250) 1 LHCR Part 1 editorial, Bioye Majekodunmi wrote as editor-in-chief: „Most cases do not go beyond the supreme courts, and several important principles are initiated at this level and remain the law, especially when they are not challenged. When these judgments are not reported, a whole series of legal principles are lost from our aggregation of legal knowledge. It is therefore mandatory to report on the decision of the High Court. Second, legal reports serve to highlight the huge industry and ingenuity of our Supreme Court justices, who are probably the best judges on the continent, even by the highest standards. It is easy to forget that most of the English decisions on which we rely at the level of the Courts of Appeal, the King`s Bench, the Queen`s Bench and the reports of the Chancellery, judgments of the High Court faithfully recorded in this country by those who recognise that the High Courts are the backbone of the Superior Courts of Record and are therefore fundamental to the development of the law.

Sir William Blackstone (1723 to 1780) is known for his commentaries on the laws of England, which formed the basis of the legal understanding of English jurists from the late 18th to early 19th centuries. In his treatise on the many rules and principles scattered among the mass of legal opinions that make up English common law, Blackstone rendered a great service to the lawyers and citizens of his time. In fact, Stanley Katz, in his introduction to VOLUME 1 OF BLACKSTONE`S COMMENTARIES ON THE LAWS OF ENGLAND, A FACSIMILE OF THE FIRST EDITION It appears that in Nigeria, as in other Commonwealth jurisdictions, courts of appeal benefit more from the attention of legislative reports than courts of first instance.