Afe Babalola’s Law Partner Again? | Writ Of Summons Authorized For Service In Lagos Delivered In Ekiti

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1.0 The Overview Of The Case

In a dramatic twist that has captured the attention of the legal community, Barrister Dele Farotimi, has launched a fierce legal battle to challenge theservice of a controversial writ of summons.

The case, which has quickly become the talk of legal circles, involves a procedural mix-up that could have far-reaching implications for how legal processes are handled in Nigeria.

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2.0 Background: The Legal Brouhaha Unfolds

The dispute stems from a lawsuit filed at the Oyo State High Court No. 4 by Chief Afe Babalola’s Law Partner, Senior Advocate of Nigeria (SAN) Adebayo Adenipekun, against Barrister Dele Farotimi.

At the center of the controversy is a writ of summons dated December 9, 2024, authorized for service in Lagos State but shockingly delivered in Ado-Ekiti, Ekiti State.

In response, Farotimi’s legal team wasted no time filing a notice of preliminary objection dated January 6, 2025.

This objection is a bid to set aside what they argue is a gross procedural violation.

The drama has since sparked intense debates on the proper application of the preliminary objection rules and procedures.

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3.0 Preliminary Objection: The Basics

For those wondering, what exactly is a preliminary objection in civil cases orcriminal cases?

It’s a legal move used to address procedural or jurisdictional issues before a case goes to trial.

Think of it as calling out a foul play before the game even begins.

In this instance, Farotimi’s team argues that the service of the writ in Ekiti State violated the terms of its issuance, which explicitly authorized service in Lagos State.

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4.0 The Grounds For The Objection

At the core of the objection are Sections 96 and 97 of the Sheriffs and Civil Process Act, Cap. S6, Laws of the Federation of Nigeria, 2004.

These sections clearly outline the rules for serving legal documents.

Farotimi’s team contends that serving the writ in Ekiti State directly contradicts the legal authorization granted, raising questions about procedural integrity.

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5.0 The Legal Heavyweights Clash

This isn’t just another courtroom drama; it’s a heavyweight clash.

On one side, we have Adebayo Adenipekun (SAN), a seasoned legal giant, and on the other, Dele Farotimi, known for his meticulous approach to legal practice.

Farotimi’s argument hinges on the challenging jurisdiction through the preliminary objection doctrine, a key tool in ensuring cases are handled within proper legal frameworks.

The objection seeks to invalidate the service of the writ and all accompanying documents, citing breaches in the preliminary objection rules and procedures.

According to Farotimi, the process was flawed from the outset.

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1. Misstep In Authorisation: The writ was endorsed for service in Lagos State but was served in Ado-Ekiti.

2. Violation Of Legal Stipulations: This act goes against Sections 96 and 97 of the Sheriffs and Civil Process Act, making the service procedurally invalid.

3. Jurisdictional Breach: By serving the writ outside the authorized location, the entire process could be rendered null and void.

These points highlight the delicate balance of adhering to preliminary objections vs. plea to jurisdiction.

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7.0 What’s At Stake?

If Farotimi’s objection succeeds, it could set a significant precedent for examples of preliminary objection applications in Nigeria.

This case also underscores the importance of procedural accuracy in ensuring justice is served.

Any lapse, no matter how minor, can derail the legal process and jeopardize the fairness of the trial.

Farotimi’s legal team, armed with meticulous arguments and referencing key case law onpreliminary objection, has made it clear that they will not back down.

Their objective is to ensure that the writ and all associated processes are struck out for failing to comply with statutory requirements.

As the case continues to unfold, legal experts are keeping a close watch, eager to see how this plays out in the Oyo State High Court.

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8.0 Conclusion: A Legal Battle To Watch

This case is a stark reminder of the critical role procedural integrity plays in the Nigerian legal system.

Barrister Dele Farotimi’s move to challenge the service of the writ highlights the importance of knowing and applying the law effectively.

Whether you're a legal practitioner or just a curious observer, this unfolding drama is a masterclass in understanding the nuances of drafting a preliminary objectionin court.

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1. What Is The Role Of Preliminary Objection In Civil Cases, And Why Is It Significant?

Preliminary objection plays a critical role in civil cases, allowing defendants to challenge a lawsuit before delving into its merits.

This objection often targets procedural flaws, such as improper service of court documents, lack of jurisdiction, or non-compliance with statutory requirements.

For instance, in a recent case involving Barrister Dele Farotimi, the Writ of Summons was served contrary to Sections 96 and 97 of the Sheriffs and Civil Process Act.

Raising a preliminary objection can save time, ensure fairness, and prevent wrongful proceedings.

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2. What Are The Common Grounds ForFiling A Preliminary Objection In Court?

Grounds for preliminary objection include jurisdictional issues, defective service of summons, or non-compliance with legal statutes.

For example, in a suit involving Adebayo Adenipekun (SAN), the service of a Writ of Summons on Barrister Dele Farotimi in Ekiti State breached authorizations for service in Lagos State.

Such procedural missteps provide a strong foundation for a preliminary objection.

Addressing these issues ensures legal compliance and safeguards the defendant's rights against flawed processes, reinforcing the integrity of the judicial system.

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3. How Is Preliminary Objection Legally Defined In Litigation?

A preliminary objection is a legal tool used to challenge the competency of a case at its onset, focusing on procedural lapses or jurisdictional errors.

It aims to halt proceedings until these issues are resolved.

In a notable case, Barrister Dele Farotimi raised an objection due to improper service of a Writ of Summons under Sections 96 and 97 of the Sheriffs and Civil Process Act.

This mechanism ensures that cases align with legal protocols before proceeding, saving time and resources.

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4. Can Preliminary Objection Be Raised In Criminal Cases, And How Is It Applied?

Yes, preliminary objections are applicable in criminal cases to challenge procedural irregularities or jurisdictional issues before trial.

For instance, objections can be raised if court summons are improperly served, as highlighted in Barrister Dele Farotimi's recent legal battle.

By resolving such issues early, the court ensures fairness and compliance with legal standards.

This approach safeguards defendants from unwarranted trials and promotes judicial efficiency by focusing on the validity of processes before addressing the case's substance.

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5. How Do You Draft A CompellingPreliminary Objection In Court?

Drafting a preliminary objection requires clarity and precision.

Start with a clear heading, followed by jurisdictional grounds or procedural lapses, supported by legal references like the Sheriffs and Civil Process Act.

In Barrister Dele Farotimi’s case, his legal team cited Sections 96 and 97 to challenge defective service.

End with a prayer for relief, such as setting aside the summons.

A well-drafted objection enhances credibility and aligns with judicial protocols, ensuring a focused argument.

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6. What Are The Rules And Procedures For Filing A Preliminary Objection?

Filing a preliminary objection involves adhering to specific rules, such as citing jurisdictional breaches or procedural flaws.

For instance, in Barrister Dele Farotimi’s case, his objection was based on the improper service of a summons in Ekiti State instead of Lagos State, violating Sections 96 and 97 of the Sheriffs and Civil Process Act.

Following these rules ensures your objection is valid, concise, and effective in halting proceedings until the legal anomaly is addressed.

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7. What Are Some Notable Case Laws On Preliminary Objection?

Case laws provide precedents for understanding preliminary objections.

A recent example is Barrister Dele Farotimi’s case, where he challenged the improper service of a Writ of Summons under Sections 96 and 97 of the Sheriffs and Civil Process Act.

This decision reinforced the importance of serving summons within jurisdictional guidelines.

By studying such cases, legal practitioners gain insights into successful strategies for raising objections and ensuring procedural compliance in court.

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8. How Does Preliminary Objection Differ From A Plea To Jurisdiction?

Preliminary objection and plea to jurisdiction both challenge court proceedings but differ in scope.

Preliminary objections address procedural flaws, such as improper service, as seen in Barrister Dele Farotimi’s case.

Plea to jurisdiction questions the court’s authority to hear a case.

For example, if a case is filed in Oyo State but involves defendants outside its jurisdiction, a plea is warranted.

Both ensure legal compliance but target different aspects of court processes.

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9. What Are Common Examples Of Preliminary Objections In Legal Cases?

Examples include challenging improper service, jurisdictional overreach, or defective summons.

For instance, Barrister Dele Farotimi objected to a Writ of Summons served in Ekiti State despite authorization for Lagos State, citing Sections 96 and 97 of the Sheriffs and Civil Process Act.

Such objections address procedural missteps early, ensuring fairness and adherence to legal statutes.

These examples highlight the importance of preliminary objections in upholding judicial standards.

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10. How Can You Effectively Challenge Jurisdiction Through Preliminary Objection?

To challenge jurisdiction, focus on statutory breaches or improper service.

For instance, in a suit against Barrister Dele Farotimi, his legal team cited violations of Sections 96 and 97 of the Sheriffs and Civil Process Act due to improper service in Ekiti State.

Presenting such evidence early ensures the case is dismissed or redirected.

Combining thorough legal references with factual discrepancies strengthens your argument and ensures the court’s jurisdiction aligns with the case's requirements.

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