Supreme Court Slams Court of Appeal Over Ex-Parte Orders, Cites 'Judicial Tragedy'

Nigeria's Supreme Court has strongly rebuked the Court of Appeal for its handling of ex-parte orders, deeming the practice a "judicial tragedy." In a unanimous ruling, a five-member panel set aside a series of orders that had been in place for 186 days, emphasizing that such reliefs should not be used to determine substantive rights at an interim stage.

The Apex Court criticized the Court of Appeal for granting what it termed a "restorative ex-parte order." It held that this relief was, in substance, an interlocutory injunction that should not have been issued without hearing both parties. The Supreme Court also found that the Court of Appeal had exercised jurisdiction in a matter not properly before it, reiterating that simply filing a Notice of Appeal does not grant an appellate court jurisdiction.

“

weaponisation of judicial processes

Furthermore, the court declared the ex-parte order staying proceedings before the trial court to be fundamentally defective. The case involved Neconde Energy Limited and Nestoil Limited, with the Supreme Court finding Neconde's appeal to be meritorious. The ruling nullified all the impugned orders against both companies.

The judgement serves as a stern caution against the misuse of far-reaching interim reliefs, particularly at the appellate level. It reaffirms established principles governing appellate jurisdiction and underscores the importance of strict adherence to due process for maintaining confidence in Nigeria's judicial system and the rule of law.

“

judicial tragedy