City Crime

Life Span Of An Ex-Parte Order

Published

6 years ago

October 28, 2020

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

When Custody Becomes a Death Sentence

Published

1 month ago

September 25, 2026

The Tide

Quote: “The moment the state takes a citizen into custody, it assumes a sacred duty to protect that life. Suspicion may justify arrest, but it can never justify neglect, abuse or death.”

There are deaths that shock the conscience not merely because lives have been lost, but because of the circumstances in which those lives were entrusted to the state. The reported deaths of 37 suspected illegal miners in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Minna, Niger State, an incident which occurred on September 17, 2026, belongs to this troubling category. The victims were reportedly arrested during enforcement operations against suspected illegal mining activities. Whatever offence they may have been suspected of committing, they remained citizens entitled to the protection of the law. They were suspects, not condemned criminals. Their detention therefore placed a corresponding responsibility on the authorities to safeguard their lives and dignity.

The Federal Government has since ordered a comprehensive investigation, while the Minister of Interior, Olubunmi Tunji-Ojo, constituted a 10-member independent committee to establish what happened, including the circumstances of the arrests, detention and deaths. Twenty NSCDC officers, in addition to the Niger State Commandant, have been suspended pending the investigation. Initially, the NSCDC indicated that a suspected disease outbreak might have been responsible for the deaths. However, survivors and relatives have made disturbing allegations concerning overcrowding, poor ventilation and the treatment of detainees. Reuters reported survivor accounts alleging that nearly 70 people were held in a very small cell and that an unidentified substance was sprayed inside. These accounts remain allegations and must be tested against medical and forensic evidence.

That is precisely why the investigation must be independent, transparent and exhaustive. Nigeria cannot afford a situation in which a tragedy of this magnitude is explained away by speculation, administrative statements or convenient assumptions. The families of the deceased deserve the truth, not conjecture. There is also a fundamental legal principle at stake. The fight against illegal mining is legitimate and necessary. Illegal mining can damage the environment, threaten communities, undermine public revenue and expose workers to dangerous conditions. Government therefore, has every right to enforce mining laws and apprehend those suspected of violating them. But enforcement must itself remain within the ambit of the law. President Bola Ahmed Tinubu has correctly stated that the fact that the detainees were suspected of illegal mining did not remove their right to life, dignity and humane treatment.

He directed investigators to examine the conditions of detention, the number of people held in the facility, medical attention provided and the events preceding the deaths. He also stated that if evidence establishes that officials contributed to the deaths through abuse or negligence, those responsible should face prosecution. This is the proper standard. Government cannot fight illegality by creating another form of illegality. The tragedy also raises questions about detention management in our security institutions. If dozens of detainees were indeed confined in conditions incapable of providing adequate ventilation, sanitation, water, food and medical attention, then the matter goes beyond one unfortunate incident. It would point to institutional weaknesses requiring urgent correction.

Every security agency entrusted with human beings must have clear procedures for intake, identification, medical screening, monitoring, separation of vulnerable detainees, emergency response and access to medical care. These are not luxuries. They are basic requirements of responsible custody. The alleged presence of teenagers among the detainees makes the matter even more sensitive. Reports have indicated that some of those arrested were between 14 and 18 years old. If confirmed, their treatment should receive particular scrutiny because children and adolescents in state custody require special safeguards. The government has already taken an important administrative step by suspending officers and establishing an independent panel. But suspension is not justice. Nor should public anger substitute for due process. The investigation must identify exactly who was arrested, why they were arrested, where they were detained, how many people were held together, what happened inside the facility, what medical intervention was provided and what caused each death.

The investigation must also preserve evidence and give surviving detainees an opportunity to speak without intimidation. The Federal Government has directed that records and material evidence be preserved and made available to investigators. The committee has two weeks to complete its work and submit its report. Beyond determining individual responsibility, government should use the tragedy to strengthen custodial standards across all security agencies. A citizen should not disappear into government custody and emerge only as a corpse requiring explanations. The lesson is simple but profound: the power to arrest is not the power to destroy. The state may restrain a person’s liberty according to law, but it cannot suspend that person’s humanity. Nigeria must continue to confront illegal mining. It must also confront every abuse of official power that undermines public confidence in the institutions established to protect citizens.

More importantly, this tragedy should provoke a serious national conversation about what happens after an arrest. Too often, public attention focuses on the moment suspects are paraded before cameras, while little is said about what happens to them afterwards. Arrest is only the beginning of a legal process, not the end of it. Detainees must be properly documented, medically examined and held in facilities that meet acceptable standards. Their families should not have to search desperately for information about their whereabouts, while officers entrusted with their custody remain the only source of information. Where death occurs in custody, the burden of explanation cannot be shifted to grieving relatives. The state must account for the circumstances surrounding every death and demonstrate that reasonable measures were taken to preserve life.

Let it be told that accountability should not begin only when a tragedy attracts national outrage; it should be built into the daily operations of every security agency. Regular inspection of detention facilities, independent monitoring, proper staffing, functional medical arrangements, accurate custody registers and prompt reporting of emergencies can prevent avoidable deaths. Officers must equally understand that lawful enforcement and humane treatment are not opposing principles. Indeed, the credibility of government is strengthened when those who enforce the law are themselves demonstrably bound by it. If the investigation establishes wrongdoing, negligence or abuse, appropriate sanctions should follow; if alternative causes are established, those findings should also be made public. What Nigerians need is not a predetermined narrative, but credible facts, transparent accountability and reforms capable of ensuring that no family again loses a loved one under circumstances that remain unexplained.

The 37 deaths should therefore not become another statistic that fades from public memory after investigations and official statements. Their deaths should compel reforms that make every detention facility safer, every arrest more accountable and every public officer more conscious of the precious lives placed in government custody. For when the state takes custody of a citizen, it assumes responsibility for that citizen’s life. Custody must never become a death sentence.

By: Sylvia ThankGod-Amadi

City Crime

Renaissance Energy Pledges Stronger Partnership With RIVCHPP

Published

1 month ago

September 21, 2026

The Tide

Renaissance Africa Energy Limited has pledged to strengthen its partnership with the Rivers State Contributory Health Protection Programme (RIVCHPP), following an advocacy visit by the agency’s management to the company’s headquarters in Port Harcourt.
The company’s General Manager, Health, Dr. Akinwumi Fajola, said the proposed partnership would involve the constitution of a joint team comprising representatives of Renaissance and RIVCHPP to deliberate on and develop modalities for deeper collaboration.
Fajola, who spoke during the visit, said the engagement would help strengthen the agency’s operations and advance the attainment of Universal Health Coverage in Rivers State.
He noted that the seeming bottlenecks often associated with government agencies had made some organisations and individuals sceptical about engaging with them.
According to him, the leadership style of the RIVCHPP Executive Secretary had demonstrated positive changes capable of attracting public and private-sector partners.
He stated that Renaissance Energy Limited would further strengthen its engagement with RIVCHPP, particularly in promoting health insurance within its operational areas.
Earlier, Agala described RIVCHPP as a legacy project of the State Governor, Siminalayi Fubara, established to ensure that Rivers residents have access to quality and affordable healthcare in line with the administration’s #Health4AllRivers vision.
She said since the agency became operational in January 2024, it had sustained awareness campaigns across the formal and informal sectors, resulting in steady growth in enrolment.
Agala disclosed that RIVCHPP had enrolled more than 160,000 residents across the state’s 23 Local Government Areas, giving them access to healthcare services.
She also said although Rivers was among the last states in the country to operationalise a health insurance agency, it had risen to 13th position in Universal Health Coverage and was recognised as the most improved state at the Federal Ministry of Health’s 2025 joint annual review meeting.
The Executive Secretary said the agency was implementing comprehensive healthcare plans covering all population groups, including vulnerable residents, to protect households from health poverty and catastrophic health expenditure.
She commended Renaissance Energy Limited for promoting health insurance in its operational areas and congratulated Fajola on his recent promotion.
The visit featured the exchange of promotional materials and souvenirs between the two organisations.

City Crime

Transport Fares To Reduce Nationwide From Oct. 1 – Pi-CNG & EV

Published

1 month ago

September 21, 2026

The Tide

The Presidential Initiative on Compressed Natural Gas and Electric Vehicles (Pi-CNG & EV) says transportation fares are expected to reduce nationwide beginning from Oct. 1.

This is contained in a Communique issued at the end of a stakeholders meeting to review their readiness and progress in implementing affordable CNG and electric vehicles transportation, in Abuja, last Thursday.

The communiqué said states are already making progress towards meeting the Federal Government’s target through the deployment of CNG and electric mobility solutions.

It said that several states had deployed CNG and electric buses, tricycles, motorcycles, conversion centres, refuelling facilities and charging infrastructure adding that commuters using supported clean mobility services in some states were already paying fares significantly lower than prevailing rates.

According to the communique, Niger State,, for instance, has procured 200 CNG buses, with 35 already operational, alongside 11 electric vehicle charging stations.

It stated that “Abia had deployed 40 electric buses and 20 charging stations, with plans to increase its fleet to 100 buses by December.

“Ogun has acquired 1,500 electric motorcycles and operates more than 20 battery-swapping stations.

“Cross River has also deployed 720 electric vehicles, including buses and motorcycles, while Delta has 13 operational conversion centres and four CNG stations, with 50 CNG buses being expected to be deployed in the state.

“Adamawa has signed an agreement for 2,000 electric tricycles, while Anambra has identified six priority transport corridors.

“Anambra is also preparing to train 1,000 youths in vehicle conversion, while Benue has trained personnel and technicians and established a conversion Centre,” the communique said.

The Executive Chairman, Pi-CNG & EV, Ismaeel Ahmed, said earlier that the engagement focused on addressing infrastructure gaps in states where CNG and electric vehicles were already available stating however that additional refuelling, charging and conversion facilities were required.

Ismaeel stated that states agreed to identify their busiest transport corridors and provide relevant data to guide the deployment of additional CNG infrastructure.

According to him, the states are expected to submit three priority interventions that can realistically be delivered in line with the Oct. 1 target.

Each state is to establish an implementation team comprising officials from the transport, energy and related sectors to work directly with Pi-CNG & EV.

The initiative would assign coordinators to facilitate implementation and monitor progress at the state level.

“Private-sector participation will also be prioritised, with investment promotion agencies expected to work towards a common framework for attracting investments into CNG and EV infrastructure.

“The engagement is to ensure that the lower operating costs of CNG and electric mobility translate into actual savings for commuters.

“The Federal and state governments are working to make affordable public transportation available to more Nigerians,” Ahmed said.

The Stakeholders Engagement which was convened by Pi-CNG & EV brought together representatives of state governments including commissioners of transport in various states.

Lady Godknows Ogbulu