APPELLATE PRACTICE — Preliminary Objection — Duty of Court to Consider Before Substantive Appeal
Ratio Decidendi
Per Muhammad, JSC, in Efet v. INEC & Ors (2011) NLC-123-207-2009(SC) at p. 4; Paras D—E:
"It is trite law now that where a Notice of Preliminary Objection is filed and moved before a court of law, the court is duty bound to consider the Preliminary Objection before venturing into the main or cross-appeal, as the case may be."
Explanation / Scope
This principle establishes that where a preliminary objection is filed and moved, the court must consider it before hearing the main or cross-appeal. The principle applies in appellate practice. It ensures that objections are resolved first. The principle reflects the priority of preliminary objections. It prevents unnecessary consideration of the merits. The court must consider the objection. The principle provides guidance on preliminary objections.