Legal Nuggets (72): When Supreme Court Can Depart from its Previous Decisions.- By Adedotun Habeeb Adetunji, LL.M (M.IoD), FCAI

Tewogbade v. Obadina (1994) 4 NWLR (Pt.338)326

When the Supreme Court may depart from its previous decisions

"This court has ample jurisdiction and power to depart from or over-rule its previous decision. The underlining considerations for departing from a previous decision by the Supreme Court are, inter alia. that the decision is impeding the proper development of the law or has led to results which are unjust or undesirable or which are contrary to public policy. This court may also depart from its previous decision if such previous decision is inconsistent with the Constitution or is erroneous on point of law or that it was given per incuriam or that it is occasioning miscarriage of justice or perpetrating injustice.See too Odi v. Osafile (1985) 1 NWLR (Pt.1) 17 at 34, Cardoso v. Daniel (1986) 2 NWLR (Pt.20) 1, Bronik Motors v. Wema Bank (1983) 1 SCNLR 296 and Rossek v. African Continental Bank Ltd.(1993) 8 NWLR (Pt.312) 382 at 431." PER IGUH J.S.C (P. 29, paras. B-G)