Connect with us

City Crime

Life Span Of An Ex-Parte Order

Published

on

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

Continue Reading

City Crime

Delta Attorney-General Laments Hike In Human Trafficking

Published

on

Delta State Attorney-General and Commissioner for Justice, Ekemejero Ohwovoriole (SAN) has lamented the increasing rate of human trafficking, especially the girl child in the state.
Ohwovoriole decried the increase in his office in Asaba when the zonal commander of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Mr Nduka Nwawenne paid him a courtesy visit.
The Attorney-General stated that it was against the dignity of the state and disheartening to see that Delta State now ranked first in human trafficking, overtaking Edo State.
He stressed the need for stakeholders to tackle the menace, adding that if it was one single victim that was rescued, they would be rewarded for their efforts.
Ohwovoriole stated that young girls were the most vulnerable ones in the issue of human trafficking, stressing that children from poor family backgrounds also fall victim to human trafficking.
While saying that their request for an office space in the state would be looked into, to see how the government could be of assistance to them, he assured them of his ministry’s partnership in the fight against human trafficking.
He said that the Task Force on human trafficking and irregular migration, which he chairs, should be having regular meetings.
Earlier, the Zonal Commander of Naptip, Mr. Nwawenne informed the commissioner that Delta state had overtaken Edo state as the foremost state in human trafficking in nigeria.
He told the Attorney-General that their Zonal Command was the first to be established in Nigeria because of the prevailing issues of human trafficking in the area, noting that ika south was the highest in cases of human trafficking as a result of its proximity with edo state.
Nwawenne appealed to the Commissioner and the State Government to provide office accommodation for their officials to operate in Asaba.

Continue Reading

City Crime

Army Arrests 50 Foreigners, Others For Job Racketeering

Published

on

The Nigerian Army said it has arrested 50 suspects, including foreigners, for alleged international job racketeering in Lagos.
The Director, Army Public Relations, Brig. Gen. Onyema Nwachukwu, who addressed journalists in Abuja, on Wednesday, said the suspects were arrested during an operation jointly conducted by the Army and the Nigeria Immigration Service.
He also disclosed that no fewer than 13 criminals were killed and 88 arrested during various operations across 20 states of the federation.
Among those arrested include 50 suspects comprising foreigners who were nabbed for alleged International job racketeering.
Onyema said, “In the South-West region, on November 2, 2023, troops of 9 Brigade Nigerian Army in conjunction with personnel of Nigerian Immigration Service, Lagos State Command, conducted a raid operation on a suspected criminal hideout at Ifako Ijaye.
“During the operation, 50 suspects, including foreigners who specialise in international job racketeering, were arrested. In a similar development same day, the same troops arrested two suspects at a hotel in Ogba in the Ikeja LGA.
“The arrest was in connection with the murder of one Mallam Idris Ardo, the Ardo of Panya Village in Plateau State. Preliminary investigation revealed that one of the arrested suspects masterminded the killing of Ardo and fled the community since the incident occurred.”

Continue Reading

City Crime

Elder Statesman Charges FG On Judges, Magistrates’ Security

Published

on

An elders statesman and advocate of oil rights in the Niger Delta, Rev Sokari Soberekon, has called on the Federal Government to beef up security for High Court Judges and Magistrates in the country. The iconoclastic doctor of humanities made this plea while addressing newsmen during the just concluded 2023/2024 rededication of the legal year of the Rivers State Judiciary held at the St. Cyprian’s Anglican Church in Port Harcourt last Thursday.
Soberekon stressed the essence of maximised security for Judges and Magistrates in Nigeria to ensure prompt and fearless dispensation of justice, equity and fairplay. He, maintained that apart from armed Police orderlies, the Judges and Magistrates should be legally authorised to keep personal arms for self defence when necessary, adding that this innovative policy would enhance the desired environment for an independent judiciary.
According to the octogenarian minority rights activist, the judiciary is the sanctuary of justice and equity.
He recalled the circumstances surrounding the gruesome murder of the former Federal Attorney General and Minister of Justice, Late. Chief Bola Ige.
Soberekon noted that, in spite of the retinue of official security aides attached to the late former Governor of Oyo State, Ige would not have been murdered if he was personally armed on that fateful day of his demise.
Soberekon emphasised the need to shun eye service in the nation’s polity.
He, however, maintained that the only Oga in politics is God Almighty, who he said uses people to install others in office.
Soberekon recalled the meeting he had with King Alfred Diete-Spiff in Lagos from where the pioneer Governor of the State started planning the blueprint of the old Rivers State.
He said what Rivers State needs now is peace, and applauded the placard with the description, ‘Peace’, displayed during the rededication ceremony.
He noted with delight that while delivering a sermon at the occasion, the Vicar of the church advised Nigerians to give peace a chance and also to build a nation where peace and justice reign.

Continue Reading

Trending