MEMORANDUM OF APPEARANCE IN NIGERIA: IMPLICATIONS OF FILING CONDITIONAL OR UNCONDITIONAL APPEARANCES

INTRODUCTION
The filing of a memorandum of appearance, though often regarded as a routine procedural step in Nigerian civil litigation, carries significant legal consequences for a party’s ability to raise jurisdictional objections. The nature of the appearance, whether conditional or unconditional, can determine whether a Defendant is deemed to have waived certain procedural rights, particularly objections relating to service of process or compliance with procedural rules. While procedural defects may be waived through conduct, substantive jurisdiction, being conferred by
the Constitution or statute, remains immutable and cannot be cured by acquiescence. The interaction of these principles, in light of statutory provisions and judicial authorities, indicates the importance of acting with strategic care to avoid taking steps that could inadvertently undermine a person’s jurisdictional objection(s).
This article examines the intersection of procedural compliance and jurisdictional objections, with a specific focus on the legal effect of filing a memorandum of appearance in civil litigation.