Raising Preliminary Objections in the Nigerian Courts in Civil Proceedings

Abstract

The Constitution of the Federal Republic of Nigeria, 1999 (as amended) has made adequate provisions for an unfettered access to justice in our courts by persons, natural or corporate, who are oppressed, victimized or wrongly deprived of their rights whether in the private or public spheres. However, to successfully institute a civil matter in our courts, there are certain preliminary matters that the would-be-plaintiff must take into consideration before filing his case. Failure to follow this due process of law and non-fulfillment of conditions precedent in some cases may lead to a premature termination of his suit or a dismissal. Such matters include: cause of action, locus standi, jurisdiction of the court, abuse of court process, and service of pre-action notices. This article seeks to assess the concept of preliminary objections. The paper also considers the duties of the plaintiff and defendant. The paper finally examines the grounds for striking out or dismissal of a suit in court.