PRACTICE AND PROCEDURE – PRELIMINARY OBJECTION – Best procedure where the purpose of an objection is merely to challenge the competence of some of the grounds of Appeal and not the competence of the entire appeal


“…Learned counsel for the Appellant rightly submitted that where the purpose of the preliminary objection is to challenge the competence of some grounds of the notice of appeal, as in the instant case, the best procedure is to come by way of a motion on notice to strike out the incompetent grounds. This approach is different from where the respondent is satisfied that the appeal is fundamentally defective and he raised a preliminary objection for the sole purpose of terminating the hearing of the appeal in limine usually on the ground of incompetence. See Clement Odunukwe v Dennis Ofomata & Anor (2010) 18 NWLR (pt.1225) 404 at 423; Adejumo v Olawaiye (2014) 12 NWLR (pt 1421) 252, KLM Royal Dutch Airline v Aloma (supra), Daniel v INEC (2015) 9 NWLR (pi 1463) 113.” Per JOHN INYANG OKORO, JSC in WOWEM v. STATE (2021-LCER-40502-SC) (P 9; Paras B – E)

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