WHETHER OR NOT

PRELIMINARY OBJECTION IS RAISED TO THE HEARING OF AN APPEAL AND NOT AGAINST SOME GROUNDS OF APPEAL by Branham Chima. Subscribe: https://branhamchima.substack.com/embed The purpose of a preliminary objection is to try to end or cut short the appeal right from the beginning. It is important to note that a preliminary objection should only be filed against the hearing of the appeal and not against specific grounds of appeal, especially when there are other grounds that can support the appeal. If a preliminary objection is filed against defective grounds of appeal when there are other non-defective grounds, it is not the appropriate procedure and cannot stop the hearing of the appeal. The above position was affirmed in the recent Supreme Court decision of Peter Obi & Anor. v. INEC & Ors. (SC/CV/ 937/2023 , Thursday the 26th day of October 2023) per U. Abba Aji JSC thus: ‘A preliminary objection is only raised to the hearing of the appeal, and not to a few grounds of appeal. Th...

OBITER DICTA OF THE ULTIMATE COURT ON IMPORTANT POINTS ARE BINDING ON LOWER COURT by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  Obiter dictum, or incidental remarks by a judge that are not binding, play an important role in legal opinions. Generally, lower courts are not obligated to follow obiter dictum. However, there is an exception: when the ultimate court makes an obiter dictum on an important point of law, it becomes binding and must be followed by all lower courts. This exception ensures consistency and uniformity in the interpretation and application of the law across the judicial hierarchy.  This position was affirmed in the case of Bennett Ifediorah & Ors. V. Ben Ume & Ors. (1988) per Nnaemeka-Agu JSC thus: ‘Although this opinion was given in a criminal appeal, it has been followed and applied by the Court of Appeal in many civil appeals against interlocutory decisions. See for an example Akinsola Dawodu & Anor. v. F. O. Olo...