But before I conclude on this Judgment, I want to emphasise the fact that there is a difference between an objection to jurisdiction and a demurer. In a demurer proceedings there should be a statement of claim in place, the facts of which the applicant would be required to admit before bringing his objection. An objection to the jurisdiction of the Court can be raised at any time, even when there is no pleading filed and a party raising such an objection need not bring application under any rule of Court.
AARTI STEEL NIGERIA LIMITED v. ALHAJI SABITU ADISA OTAPO & ORS LGC(18/10/2018) CA para O
This will now lead me to ask the question What is a demurer proceeding? In a demurer proceeding the basic essence is that the party raising same contends that even if all the allegations in the statement of claim are right, it still does not in law disclose a cause of action for the party contending to answer
The party who demurred would not proceed with his pleading but, having raised a point of law as to whether any case had been made out in the opponent's pleading for him to answer, awaited the decision on that point
AARTI STEEL NIGERIA LIMITED v. ALHAJI SABITU ADISA OTAPO & ORS LGC(18/10/2018)K