AMEH V. THE PEOPLE OF LAGOS STATE (2025) 12 NWLR (PT. 2000) 559
ON PURPOSE OF PRELIMINARY OBJECTION TO AN APPEAL
The purpose of a preliminary objection to an appeal is to determine the appeal in limine, thereby dispensing with the need or necessity to go into the merits of the appeal.
There is need for the court to first determine a preliminary objection being a challenge to the jurisdiction of the court.
[Akpan v. Bob (2010) 17 NWLR (Pt. 1223) 421; P.D.P. v. Umeh (2017) 12 NWLR (Pt. 1579) 272; Garba v. Mohammed (2016) 16 NWLR (Pt. 1537) 114; Adamu v. State (2017) 10 NWLR (Pt. 1574) 463 referred to.] (P. 584, paras. A-E)
AMEH V. THE PEOPLE OF LAGOS STATE (2025) 12 NWLR (PT. 2000) 559
ON PROPER PROCEDURE FOR CHALLENGING COMPETENCE OF GROUND OR GROUNDS OF APPEAL WHERE OTHER GROUNDS COMPETENT
The proper procedure for a respondent to challenge only one ground or more grounds of appeal, leaving other competent grounds which would validate the hearing of an appeal on its merits, is for the respondent to file a motion on notice challenging the ground or grounds in issue.
The purpose of filing a preliminary objection is to bring the hearing of the appeal to an end for being incompetent or fundamentally defective.
A preliminary objection is only filed against the hearing of an appeal.
Where there is an objection against some grounds of appeal but there are other grounds that can sustain the appeal, a preliminary objection would not be the appropriate procedure to adopt in the circumstances.
Where the subject-matter of the appeal is within the jurisdiction of the appellate court, the court’s jurisdiction will not be ousted simply because it lacks jurisdiction to grant some of the reliefs claimed.
In the instant case, the respondent in paragraph 11 of its further amended brief stated, as a preliminary point, that a ground of the grounds of appeal was incompetent.
For whatever it was intended to be, the respondent’s contention fell within the realm of a preliminary objection or a hybrid of an objection to the appeal.
The respondent’s purported preliminary objection was an attack on only ground 3 of the appellant’s grounds of appeal and thereby leaving the other grounds unchallenged.
[Garba v. Mohammed (2016) 16 NWLR (Pt. 1537) 114 referred to.] (Pp. 583-585, paras. H-A; E-C)