Supreme Court can depart from past decisions to prevent injustice—Justice Bernasko-Essah

She, however, stressed that adherence to precedent should not prevent the Supreme Court from correcting an earlier position where it becomes clear that the decision has resulted in injustice, contains an error of principle, conflicts with the Constitution or is otherwise unworkable.27, GNA—Justice Sophia Bernasko-Essah, a Supreme Court nominee has stated that the Supreme Court should be prepared to review or depart from its previous decisions when necessary to prevent injustice and ensure that the law remains consistent with the 1992 Constitution.“However, if it appears to the court that in a matter that has come before the court, it has created injustice or there was an error in the principle or it was inconsistent with the constitution or it is not workable, then the court can depart from its previous decision and give compelling reasons why it is departing from it and give its new position on the law,” she said.