Case law refers to the interpretation which has been given to laws, rules and principles over the years and can be applied by courts subsequently. This might seem to run contrary to the belief that judges do not make law, but only interpret laws made by the legislature. Case law often comprises the interpretation which has been given to laws made by the legislature and which are now followed subsequently. Case law may also include some principles formulated by the courts, which are often unwritten, except they have become written in law reports.
Case law is made up of precedents. Precedents are earlier decisions of courts which are applied in later cases, and they are applied through the principle of stare decisis. The principle of stare decisis means “let it stand”, i.e. the previous judicial decision should be allowed to stand. Case law helps to ensure certainty in law and saves the time and effort that may otherwise be spent in interpreting laws every time a new case comes up. The use of case law, being a feature of the common law legal system, is also in force in the Nigerian legal system.
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