This Court cannot go outside of the terms of the referral just as the parties cannot too. So, where the competence of the referral is challenged as the defendant did in the instant case, they can only argue based on the referral instrument, nothing else. And in arguing, it cannot raise issues of facts, only of law. Where issues of facts, or mixed law and facts, are raised in the argument in support of the preliminary objection, then an affidavit becomes necessary.
— B.B. Kanyip J. FG v. ASUU (2023) – NICN/ABJ/270/2022