“I am walking a tightrope here; this is an Application for substitution, and the law frowns seriously on a Court taking on substantive issues fit only for the appeal, when hearing interlocutory applications. In other words, care must be taken to avoid making observations in its Ruling on that application, which might appear to pre-judge the main issue in the proceedings relative to the said application- see Mortune V. Gambo (1979) LPELR-1913(SC) and Buremoh V. Akande (2017) LPELR 41565(SC), wherein M. D. Muhammad, JSC, aptly observed -
A Court must avoid the determination of a substantive issue at the interlocutory stage, It is never proper tor a Court to make pronouncement In the course of Interlocutory proceedings on Issues before the Court. Interlocutory applications - - must remain the handmaid and aid that enable the Court reach the ultimate goal of doing substantial justice between the Parties in the real issues in litigation between Parties.
PER A.A. AUGIE, J.S.C IN THE CASE OF BRIGADIER GENERAL JAMES OMEBIJE ABDULLAHI V NIGERIAN ARMY & ORS ; LER(2018)SC. 433/20108