City Crime
Life Span Of An Ex-Parte Order
Ex-Parte Order means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party. Where an order is made on motion ex-parte, any party affected by it may within seven (7) days after the service of the order or within such further time as the court may allow apply to the court by motion, to vary or discharge it.
The life span of an ex-parte order is meant to be very short. It shall be made to end with the minimum delay, otherwise it shall stand vacated. An order made on motion ex-parte shall last for only 14 days after the party affected by the order has applied for the order to be varied or discharged, or last for another fourteen (14) days after application to vary or discharge it had been concluded. Where a motion to vary or discharge an ex-parte order is not taken within fourteen (14) days of its being filed, the ex-parte order shall automatically lapse. See ORDER 9 RULE 12 (1) and (2) OF THE FEDERAL HIGH COURT (CIVIL PROCEEDURE) RULES.
In Argiji Properties Ltd. V. Birni & Anor (2018) LPELR – 45858 (CA). The trial court failed to state the duration of the ex-parte order. By Order 9 Rule 12 of the Federal High Court (Civil Procedure) Rules 2000, an ex-parte order made under the rules shall not last for more than 14 days. Order 9 Rule 12 (1) Federal High Court (Civil Procedure) Rules states, “No order made on a motion ex-parte shall last for more than 14 days after the party affected by the order has applied for the order to be varied or discharged or last for another 14 days after the application to vary or discharge it has been concluded.
Order 9 Rules 12 (2), “If a motion to vary or discharge an ex-parte order is not taken within 14 days of its being filed, the ex-parte order shall automatically lapse.” The rule is very clear that the said order shall not last for more than 14 days. The ex-parte order in the instant case was granted on the 6th of October 2006. The appellants motion for setting aside the ex-parte order was filed on 25th October, 2006 and by virtue of Order 9 Rule 12, the ex-parte Order lapsed on the 6th of November 2006. By provisions of Section 6 (6) of the 1999 Constitution of the Federal Republic of Nigeria, an interim order is part of the inherent powers of the court to enhance the administration of justice and usually granted to protect a party’s existing legal right from invasion by another according to the Supreme Court in Akpo V. Ha-Kenna (1992) 6 NNLR (Pt 247) 266.
Accordingly, with all exercise of jurisdiction, the power must be exercised judicially and judiciously taking all relevant circumstance of the matter into consideration. When an exercise of discretion was done whimsically, the appellate court is entitled to interfere with such skewed exercise of discretion to right the wrong done. (Anaeze v. Anyaso (1993)5 NWLR (Pt 291)1. The ex-parte order made under whimsical exercise of discretion ought to be set aside. ‘Per Hassan J. C. A. (Pp21-24, Paras D-A).
Order 26 Rule 11 and 12 of Federal High Court (Civil Procedure) Rules 2009, provides that a person affected by an ex-parte order of injunction may within 7 days apply for the order to be discharged, upon such application the order shall not last for more than 14 days after the application has be argued. Ex-parte orders of injunction do not last Ad infinitum, generally it has a life span of a few days or as may be permitted by the rules of court. The court may in the interest of justice and upon an application extend the effective period of an interim order of injunction made ex-parte to last until the hearing and determination of the motion on notice for interlocutory injunction.
Nkechi Bright-Ewere
City Crime
Nigeria’s World Cup Absence A Big Miss – Terry
England and Chelsea legend John Terry has expressed disappointment over Nigeria’s absence from the 2026 FIFA World Cup, admitting that the Super Eagles will be sorely missed as the tournament started yesterday Tidesports source reports.
Eric Chelle’s side finished second in Group C of the CAF World Cup qualifiers behind South Africa, who secured one of the automatic qualification spots for the tournament.
The Super Eagles kept their hopes alive by defeating Gabon in the playoff semi-finals but saw their dreams shattered after losing to the Democratic Republic of Congo on penalties in the decisive playoff final.
The defeat condemned Nigeria to a second successive absence from the World Cup, having also failed to qualify for the 2022 tournament in Qatar. The Nigeria Football Federation later challenged DR Congo’s qualification, alleging the use of ineligible players during the campaign. However, the appeal was dismissed, ending any hopes of a late reprieve.
Nigeria will be a big miss. This is a World Cup for participants who haven’t had the opportunity to play in the tournament. I would have loved to see a top team like Nigeria there because they’ve got some great individuals. They’re a great nation. So, yeah, they fall under that category for me.
“I think they are a big miss because Nigeria probably would have gone further in the competition, but unfortunately, one side’s loss is another’s gain.
“I know Mikel Obi is very upset that they’re not there. It means he can’t do more commentating on the World Cup. That’s why he was upset.”
The 2026 World Cup officially begins with co-hosts Mexico.
The historic clash, set to take place at the iconic Estadio Azteca, rekindles memories of the opening match of the 2010 FIFA World Cup, which ended 1-1. South Africa took the lead through Siphiwe Tshabalala’s stunning strike before Rafael Márquez salvaged a draw for Mexico with a 79th-minute equaliser.
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