IN ANY LEGAL proceeding
be it court or tribunal or
arbitration proceeding, parties
or their legal representatives
or counsel may be allowed to
raise certain objections and
or challenge the position of
their adversaries or opposing
parties. Some if not many
of the times, some of the
objections raised either
consciously or inadvertently
might either favour the case
of the party who raised it or
be at the advantage of his
opponent.
In order to avoid a situation
where the party will raise an
objection that will or might
end up aiding the case of his
opponent thereby harming his
own case, this paper shares
some experiences and ideas
on what such a person or any
party to a legal proceeding
must consider fundamentally
before raising objection in the
proceedings.
Preliminary to the raising of
objections in the proceeding,
the person, either as the
applicant or plaintiff or the
petitioner or the opposing
party, must ask himself the
following questions: (1)
What is the importance and
significance of the objection to
my case? (2) What do I intend
to achieve by the objection? (3)
Is there any better objection
than this? These 3 fundamental
questions are now discussed
below.
What is the importance and
significance of the objection
to my case?
Most often, counsel or party
might feel it is necessary to
raise certain objections in
a legal proceeding without
weighing the importance and
significance of the objection
especially to his case or as
it affects his case. Whereas,
making this consideration
will really help him to have
resolved the entire dilemma
before raisng the objection.
Sometimes, there might be
more than one objection
that he might intend to
raise which might be on the
same subject. Such a party
needs to really sit down and
consider the advantages and
disadvantages of raising such
objection very well. Where he
is able to resolve the question
positively, then he may go
ahead and raise the objection
but where his resolution on
that question is negative, then
he should either rephrase
his objection or desist from raising it.

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I had a course to really intend
to raise an objection in a matter
recently and I had to battle with
the question to be considered in
this category and fortunately,
I was happy to have made a
positive resolution with which
I later became happy with. So, I
decided to share my experience
in this regard with my learned
colleagues and the general
public, perhaps, this idea might
be useful.
There are many disadvantages
that such a party might face where
he fails to consider this question.
He might likely be exposing
himself to his opponent, thereby
strengthening the case of his
opponent. He might also get the
court bored and frustrated about
his objection which might likely
affect other of his objections in
the proceedings. Also, he might
look stupid and reckless in
raising the objection.
What do I intend to achieve
by the objection?
Under this category, the party
must seriously put this question
to himself before he proceeds in
raising his objection. Moreover,
objections are raised in order to
achieve a goal either to negate
and or nullify or challenge the
position or submission of the
opposing party. Therefore, if
the party raises such objection
without any focus on ahcieving
a particular aim, then, the
objection might be immediately
over-ruled by the court. Most
often, the court asks the party
his ground for his objection
and where he cannot provide a
convincing reason why the court
should sustain his objection, the
court might then over-rule him
or his objection.
For example, a party might
raise an objection too to discredit the argument of his opposing
party. Though, objections are rare
in an application by motion, yet,
it is sometimes raised depending
on the issue arising. The court
can as well suo motu-himself
on his own intention- raise the
objection without jumping into
the arena of the proceedings.han this?
While on the third question
as in this category, he would
have been either sure that he is
on the right track or to retrace
his track. This question is also
important and necessary to be
preliminarily resolved before
raising the objection. This is
because, sometimes, the real
and proper objections might not
be raised. While sometimes, the
objections are raised which lose
focus. Whereas, there might be
some other objections that when
raised, will be better of than the
objection that loses focus.
Though, it is said that ‘a case
is not a do or die affair ’ but
sometimes and many times of
course, it is more than that when
it comes to raing an objection,
especially in a proceedings
initiated by writ of summons
or ordinary summon as the case
may be. So, a lawyer who does
not oppose himself in private
before he is publically opposed,
might end up being unable to
give the interest of his cllient in
a proceedings what it takes or is
expected of him professionally.
Also, these 3 questions should
not be thrown away into the deaf
hears.  In fact, one should be very
diligent in this legal profession
thoroughly before raising an
objection and he should not
give his opponent any chance
to really take him up or take the
advantage of the objection to
his (ie. the party who raised the
objection) own disadvantages .
Furthermore, counsel or party
should be very careful while he
argues his objections. Sometimes
there might be two or more
likely questions good for a party
or his counsel that if he considers
the two or all the objections
preliminarily, he might find and
or observe that one or more are
actually weak while only one or
few of the objections are strong
enough to convince the court
and sustain his objection.
Finally, the issue of objection
should not be taken for granted
by counsel or party to a legal
proceeding so that at the end
of the case, he does not by
himself, expose himself to the
intelligence of his opposing
counsel or party. Also, some
obejections are unnecessary,
some are weak to ground being
sustained by the court, some are
actually irrelevant to the case of
the party or counsel who raises
them and might actually do
more harm than favour to the
party or the counsel. Therefore,
the ball is really in the party or
counsel who intends to raise
such objection’s court to play
and indeed, to play as he would
have liked to score an award
winning goal.
Email: [email protected]

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