LEGAL PRINCIPLE: CIVIL PROCEDURE — Preliminary Objection — When supporting affidavit required
PRINCIPLE STATEMENT
A preliminary objection deals strictly with law and generally requires no supporting affidavit. However, if it leaves the exclusive domain of law and flirts with the facts of the case, the applicant must justify the objection by adducing facts in an affidavit.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in A.G., Federation v. ANPP & Ors (2003) NLC-1422003(SC) at p. 11; Paras A–D.
"Preliminary objection, by its very nature, deals strictly with law and there is no need for a supporting affidavit. In a preliminary objection, the applicant deals with law and the ground is that the court process has not complied with the enabling law or rules of court and therefore should be struck out. It could be on abuse of court process... However, if a preliminary objection leaves the exclusive domain of law and flirts with the facts of the case, then the burden rests on the applicant to justify the objection by adducing facts in an affidavit."
EXPLANATION / SCOPE
Preliminary objections on points of law need no affidavit. The principle applies to civil procedure. If facts are disputed, an affidavit is required. The rule promotes efficiency. The court will strike out objections without supporting facts when needed. The principle is well-established.