Olanipekun Laments Conflicting Judgements By Appellate Courts

The Chairman, Body of Benchers, Chief Wole Olanipekun (SAN) has said lawyers in Nigeria are worried over conflicting decisions being given by the Court of Appeal and Supreme Court.

The senior lawyer disclosed this on Wednesday during a valedictory court session in honour of Justice Mojeed Owoade, who retired as Court of Appeal Justice after attaining the age of 70, in Ibadan, Oyo state.

He said the issue of conflicting decisions of the appellate courts had become a very disturbing trend and was distorting the sacred order of judicial precedence.

Olanipekun said, “There is no gainsaying the fact that nowadays, our appellate courts give conflicting decisions at very regular intervals, thus throwing the profession into confusion.

“More particularly so, when those conflicting decisions interfere with and derail the agelong doctrine of ‘stare decisis.

“I need not go into specifics in this address but the issues are very notorious.

“At various fora and special sessions of the Supreme Court, senior counsel have taken their turns, have pleaded with the apex court to look into it and arrest this disturbing trend.”

The senior lawyer urged the President and Justices of the Court of Appeal to do everything within their powers and jurisdiction to nip the trend in the bud.

Mr Olanipekun said the conflicting judgements significantly obstructed lawyers’ ability to effectively predict the position of the law in the delivery of legal opinions for clients.

He described retired Justice Owoade as a leading ambassador of this generation, a shining light for all and a beacon of hope to his peers and others.