Ratio Decidendi

Per Onnoghen, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at pp. 12–13; Paras E–A:

"At the pre-hearing session, the Tribunal shall consider and take appropriate action in respect of the following as may be necessary or desirable... (d) hearing and determination of objections on point of law."

Explanation / Scope

This principle establishes that objections on points of law are to be heard and determined at the pre-hearing session. The principle applies in election petitions. It ensures that legal objections are resolved before trial. The principle reflects the Practice Directions. It promotes efficiency. The court must address objections at pre-hearing. The principle provides guidance on matters for pre-hearing.

Cases Applying This Principle