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OBJECTION IS ABANDONED WHERE NO REASON IS PROFFERED

Dictum

The 2nd Defendants short of their arguing that these exhibits were wrongly admitted and that the court had power to expunge wrongly admitted evidence the Defendants did not advance any reason for their objection. This objection is therefore considered abandoned.

— E.N. Agbakoba, J. Igenoza v Unknown Defendant (2019) – NICN/ABJ/294/2014

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OBJECTIONS SHOULD BE DETERMINED BEFORE MAIN CASE

In line with the trite position of law as restated by the Supreme Court in FIRST BANK v T.S.A. INDUSTRIES LTD (2010) LPELR-1283(SC) at page 13, paras. B E, I shall first consider and determine the Respondents’ objections to the competence of the Petition and the Petitioners’ Replies, or the listed paragraphs thereof, before determining...

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PROPER TIME TO RAISE OBJECTION IS DURING TENDERING

The appropriate time for the Appellant, through his Counsel, to raise objection to the admissibility of Exhibit A, either on the ground of Illiterates (Protection) Law or on the ground of the Appellant’s inability to understand, speak or understand English Language was at the time the prosecutor sought to tender Exhibit A as evidence. The...

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OBJECTION TO SOME GROUNDS IS BY WAY OF MOTION ON NOTICE

For the umpteenth time, the essence of a preliminary objection is to terminate an appeal in limine. Any objection to a ground or some grounds of appeal, not the entire appeal, is by way of motion on notice which could be argued in the brief vide Okereke v. James (2012) 16 NWLR (Pt. 1326) 339...

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COUNSEL SHOULD BE DEFINITE WITH HIS OBJECTION

A counsel has to take a definite stand. He cannot sit on the fence as the law does not permit such a thing. He must make his view known before the case is fixed for judgment. What is open to a counsel when a document is tendered by the other party is to raise an...

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FAILURE TO RAISE OBJECTION AT THE TRIAL, CANNOT RAISE ON APPEAL

It is also the law, in the latter case, where a party fails to object to the admission of inadmissible evidence, at the trial, he cannot be allowed to raise an objection at the appeal stage unless the evidence was absolutely legally inadmissible, see Igbodim v Obianke (supra). — Musdapher, JSC. Shittu & Ors. v...

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