International records / OpenAlex research
UNDERSTANDING THE INTRICATE DOCTRINE OF STARE DECISIS AND WHY ALL CRIMINAL APPEALS CANNOT BE ACADEMIC OR LIFELESS IN SITUATIONS WHERE APPELLANT HAS FINISHED SERVING HIS TERM OF IMPRISONMENT: ANALYSIS OF THE CASE OF EMMA AMANCHUKWU V. THE FEDERAL REPUBLIC OF NIGERIA VIS-À-VIS THE REASONING OF HIS LORDSHIP HON. JUSTICE O.A. ADEGBEHINGBE, JCA IN THE CASE OF EMMANUEL ODAFE IGBINI V. FEDERAL REPUBLIC OF NIGERIA
This paper critically examines the doctrine of stare decisis and its nuanced application to criminal appeals, particularly in cases where the appellant has completed a term of imprisonment before the appeal is determined.It interrogates the often-misconceived interpretation of the Supreme Court's decision in Emma Amanchukwu v. Federal Republic of Nigeria, which has been repeatedly invoked to dismiss criminal appeals as academic or lifeless once a convict has served the sentence.Through a doctrinal and comparative analysis, the paper juxtaposes that decision with the more recent reasoning of Ho…
