The Court of Appeal in Lagos has held that a preliminary objection challenging a trial court’s jurisdiction, including an allegation of abuse of court process, should be determined before the defendant is arraigned.
The decision in Victor Ukutt, Esq. v Federal Republic of Nigeria & 3 Ors, Appeal No. CA/LAG/CR/936/2025, was delivered on February 6, 2026, but was highlighted in legal reporting on September 26.
The appellate court held that postponing the jurisdictional objection until after arraignment violated the appellant’s right to fair hearing.
The court also dealt with the validity of a prosecution motion signed with the prefix “f” before the name of counsel. It found that where the person who actually signed a court process cannot be identified as a qualified legal practitioner, the defect is fundamental.
The court further emphasised that subsisting court orders remain binding unless set aside through the appropriate legal process.
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Source: TheNigeriaLawyer
