Caveats

But having said so, I will hasten to add that where this Court is invited specifically to over-rule previous decisions such invitation ought to be considered on its merits but with the following caveat:-
1. The Court is bound to adhere loyally to former decisions unless clearly satisfied that they are wrong. It will be equally wrong to persist in error for as Lord Mansfield said and wisely too:-
"If I was wrong, I should think it more honourable to acknowledge and rectify any error that I should have committed, than to justify and defend it". Rex v. Wilkes (1770) 4 Burr, Part IV 2532.
2. It is necessary for the generality of our people but especially for the legal profession that there is some appreciable and reliable amount of certainty in our law including case law. Little respect will be paid to our judgments if we readily over-throw today that which we recently decided yesterday: Eperokun v. University of Lagos (1986) 4 N.W.L.R. 162 at pp.193/194.
3. The expressions used by a Judge in his judgment must be taken with reference to the ease, the facts of the case, the law on those facts otherwise the law will get into sad if not extreme and irritating confusion. What is important in any decision is the principle it decided and that is what one has to look for in every decision.
The manner in which the judge argued is not the important thing.
The principle of the decision – the all important thing. The use of cases is merely to establish principles.
4. The law grows and though the principles of law remain unchanged yet their application is to be changed with the changing circumstances of the times and again at times legislation is introduced to change familiar and well-known common law concepts.