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PAPER OF WRIT, PETITION, AND OTHER COURT PROCESSES COULD REPLACE AN AFFIDAVIT

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I acknowledge that there is no hard and fast rule that a preliminary objection must be supported by an affidavit so long as enough material is placed before the trial court on which it can judicially and judiciously pronounce on the preliminary objection. Where the alleged offending writ, petition or other court process ex facie contains the relevant information against which an objection is being raised, the necessity to rely on affidavit evidence does not arise. See Bello v. National Bank of Nigeria [1992] 6 NWLR (Pt. 246) 206 at 219 (per Achike, JCA, as he then was).

— B.B. Kanyip J. FG v. ASUU (2023) – NICN/ABJ/270/2022

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STATEMENT OF CLAIM WHICH HAS BEEN AMENDED DOES NOT CEASE TO EXIST, BUT CANNOT DETERMINE LIVE ISSUES

Again, the Appellants are spot-on that this Court can look at the Respondent’s original pleadings because it is settled law that a statement of claim or defence, which has been duly amended, does not cease to exist: it still forms part of the proceedings and a Court cannot close its eyes to it -see Salami...

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CARE MUST BE OBSERVED IN PREPPING COURT PROCESSES

Tobi, J.C.A. in Joshua Fumudoh and Anor. v. Dominic Aboro and Anor. (1991) 9 NWLR (Pt.214) 210 at 225 where His Lordship had this to say:- “All I have done is send one message to counsel in the preparation of court processes. So much care is required and so much care should be taken. A...

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COURT PROCESS IS TO BE FILED AS FOLLOWS

This position is further reinforced by the case of; Daniel Ihibe Omede v Umion Bank of Nigeria Plc. (2013) LPELR-22793(CA) where Abdullahi JCA held as follows; ‘’All processes filed in Court are to be signed as follows: a) The signature of counsel, which may be any contraption, b) name of the counsel clearly written, c)...

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TRIAL JUDGE SHOULD NOT RELY ON ORIGINAL STATEMENT OF DEFENCE WHEN THERE IS AN AMENDMENT

Madam Salami and others v. Oke (1987) 4 NWLR (Pt.63) 1. Both counsel relied on this case. In this case, the Supreme Court held that there is nothing fundamentally wrong with a trial Judge merely referring to an original Statement of Defence. However, there is everything wrong with the trial Judge relying on original Statement...

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A LEGAL PROCESS MUST BE SIGNED BY EITHER THE LEGAL PRACTITIONER OR LITIGANT

It is trite that it is the seal or signature, of the author on a document that authenticates the document. A legal document or process of Court must be settled or signed by either the legal practitioner of the choice of the litigant or the litigant himself. The disputed processes were purportedly settled or signed...

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IF IT CANNOT BE SAID WHO SIGNED A PROCESS, THE PROCESS IS INCURABLY BAD

RHODES-VIVOUR, JSC in SLB CONSORTIUM v NNPC (2011) 9 NWLR (PT. 1252) P. 317 opined that: “Once it cannot be said who signed a process, it is incurably bad and rules of Court that seem to provide a remedy are of no use as a rule cannot override the law (i.e the Legal Practitioners Act)”...

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