Straddle Partners (Legal Practitioners/Notaries Public

Legal Position in Nigeria: Raise Objection on Jurisdiction Before Plea

Key Principle:
A party who wishes to challenge the jurisdiction of the court must do so at the earliest opportunity, usually before filing any statement of defence or taking any other steps that presuppose that the court has jurisdiction.

Case Law Authorities:
1. Madukolu v. Nkemdilim (1962) 2 SCNLR 341
This is the foundational case on jurisdiction. It established that for a court to be competent:
It must be properly constituted,
The subject matter must be within its jurisdiction,
The case must come before it via due process.
Once a court lacks jurisdiction, the entire proceedings are null.
2. Skenconsult (Nig.) Ltd v. Ukey (1981) 1 SC 6
The Supreme Court held that jurisdiction is a threshold issue and must be determined at the earliest stage of the proceedings.
3. NDIC v. CBN (2002) 7 NWLR (Pt. 766) 272
The court emphasized that raising a preliminary objection after filing a defence or taking steps in the matter may amount to a waiver of the objection.
4. Okoye v. Nigerian Construction & Furniture Co Ltd (1991) 6 NWLR (Pt. 199) 501

The court ruled that once a party submits to the jurisdiction by filing pleadings or taking further steps, they may be deemed to have waived their right to object.
Consequences of Raising It Late:
• If a preliminary objection is raised after filing a statement of defence or after taking steps in the matter, the court may hold that the objector has submitted to the court’s jurisdiction.
• In such cases, the objection may be dismissed.
Best Practice for Legal Practitioners in Nigeria:
• Raise the preliminary objection in limine (i.e., at the very start).
• It can be:
Through a motion on notice challenging jurisdiction, or
Via a notice of preliminary objection attached to the memorandum of appearance (if applicable).

Relevant Rules:
Check the Rules of Court for the relevant jurisdiction (e.g., High Court Civil Procedure Rules) most provide that issues of jurisdiction can and should be raised at the earliest opportunity.

Summary:
Question Answer
When should a preliminary objection on jurisdiction be raised in Nigeria? Before a plea or statement of defence is filed.

Why?
Jurisdiction is fundamental; any step taken may amount to submission.

How? By motion or notice of preliminary objection before filing any defence.

CONTRACT LAW IN THE DIGITAL AGE: When a Text Message Be comes a Binding Contract

The Nigerian Court of Appeal has affirmed that contracts are not limited to ink and paper. In today’s digital age, a simple text message can form a legally binding agreement, provided the essential elements of a valid contract are present:
• Offer
• Acceptance
• Consideration
• Intention to create legal relations

This decision reflects how the law is evolving with technology and communication trends. Businesses, professionals, and individuals must now recognize that what you agree to via SMS, WhatsApp, or email could hold you legally accountable.

What does this mean for you?

Be intentional with your digital communications.

Treat business texts and chats with the same seriousness as formal letters.

Seek legal advice before making commitments online that could have lasting effects.

The digital space is fast becoming a courtroom evidence hub. In the age of instant messaging, every word counts.

Only a Qualified Lawyer Can Represent You in Courts

When going to court, you must be represented by a real lawyer.
Not just anyone can stand before a judge on your behalf.

According to the Legal Practitioners Act, only a person who has been called to the Nigerian Bar and whose name is on the role of legal practitioners can appear in court to represent clients.

This means:
A family member cannot represent you in court (even if they “know law”)
Your business partner or friend cannot argue on your behalf
Your company secretary or “legal adviser” without bar qualification cannot stand in court for you
Paralegals or agents are not licensed for courtroom advocacy

Only a licensed legal practitioner (a lawyer) can:
File legal processes
Appear before judges
Cross-examine witnesses
Make submissions in court
Speak on your behalf during trial

Why it matters:
If someone not qualified attempts to represent you, the case may be struck out or all proceedings nullified.

How to verify a lawyer:
Ask for their Call to Bar certificate
Check the Supreme Court Roll or NBA verification platform

Being a lawyer is not just about wearing a wig and gown—it’s about legal training, licensing, and ethical responsibility.

Protect your rights. Always ensure you’re properly represented.