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
NEMA warns against scooping of fuel from accidented tankers

The National Emergency Management Agency (NEMA) has warned against the practice of scooping fuel from accidented tankers, noting it has led to the loss of many lives and property.
The agency’s Head of Operations in Ibadan, Mr Kadiri Olanrewaju, cautioned during a sensitisation programme on tanker fire accidents, held on Wednesday at Akinyele Local Government Area (LGA) of Ibadan.
The News Agency of Nigeria (NAN) reports that the programme was held in collaboration with the Oyo State Emergency Management Agency (OYSEMA) in Akinyele LGA and other stakeholders.
Olanrewaju said Akinyele LGA was selected for the awareness campaign because of its strategic location as a trailer route from the northern to the southern part of the country.
“These agencies felt that it was necessary to bring this important message to critical stakeholders in communities under the Akinyele LGA, where we have major trailer parks.
“The campaign kick-started in Ogun; we will soon move to Osun.
“The focus is to drive strong sensitisation against the scooping of fuel at the grassroots level, especially for local governments along the trailer routes to reduce needless loss of lives and property,” he said.
He charged the Federal Road Safety Corps (FRSC) and other relevant agencies to enforce the laws against underage driving and ensure the proper certification and retraining of drivers.
The Administrative Secretary of OYSEMA, Mrs Ojuolape Busari, said that Community Development Associations (CDAs) were involved in the campaign to reach a larger number of people.
Busari noted that people still scoop fuel from accidented tankers because there had not been any serious punishment attached to the offence.
She, therefore, called for stiff penalties for anyone caught perpetrating the act.
“Apart from the risk of fire outbreak that may occur during the practice, it is stealing, which is a serious offence,” she said.
Earlier, the Executive Chairman of Akinyele LGA, Hon. Akinwole Akinyele, suggested that fuel transportation should be handled through the rail system, while leaving tankers for intra-city fuel transportation.
The chairman called for an urgent review of laws and policies related to fire services and road safety to meet the urgent and modern demands.
He said that the implementation of stricter fuel transportation regulations, vehicle maintenance, drivers’ training and retraining, and safer fuel handling practices remained crucial to the fuel distribution system in Nigeria.
“The attendant costs of tanker fire accidents have been huge, both in terms of the high number of fatalities and the loss or destruction of property, environmental damage, and public infrastructure,” he said.
NAN reports that the event featured technical sessions, lectures, and presentations from the FRSC, Nigeria Security and Civil Defence Corps (NSCDC), Fire Service, traditional and market leaders, among others.
City Crime
Democracy Day: Tinubu Addresses Joint N’Assembly Today

…To Confer National Honours On Select Lawmakers
President Bola Ahmed Tinubu will deliver a presidential address before a joint session of the National Assembly today as part of events marking Nigeria’s Democracy Day celebration.
The event is scheduled to be held in the House of Representatives chamber of the National Assembly Complex, Abuja.
This was confirmed in a statement released on Sunday by the spokesperson of the House of Representatives, Hon. Akin Rotimi.
The statement referenced an internal memorandum issued by the Clerk of the House, Yahaya Danzaria, officially notifying lawmakers of the proceedings.
According to the memorandum, the special joint sitting will begin at 11:00 a.m. with preliminary activities before the arrival of President Tinubu, who is expected at noon.
Democracy Day is observed annually on June 12 in remembrance of the 1993 presidential election, widely regarded as Nigeria’s most credible poll since independence.
The election was won by Chief Moshood Kashimawo Abiola but was annulled by the military government led by General Ibrahim Babangida (retd).
The theme for the 2025 celebration is “26 Years of Democracy: Renewing Our Commitment to National Development.”
President Tinubu is attending the event as the Special Guest of Honour and is expected to use the platform to reflect on the state of Nigeria’s democracy and present his administration’s vision for the future.
The session will also feature goodwill messages from former presiding officers of the National Assembly.
Meanwhile, the President will confer national honours on select legislators in what organisers describe as part of efforts to recognise contributions to democratic governance.
The National Assembly views the event as an important marker of Nigeria’s political evolution.“This joint sitting represents a significant moment in Nigeria’s democratic journey,” the statement read.
“It underscores the pivotal role of the National Assembly in safeguarding democratic values, fostering accountability, and advancing national development over the past 26 years of uninterrupted civil rule.”
Lawmakers also used the occasion to urge Nigerians to reflect on the country’s democratic progress and to renew their commitment to national unity and inclusive governance.
“The House of Representatives calls on all Nigerians to embrace the spirit of Democracy Day as a time for reflection, renewed patriotism, and commitment to building a more inclusive, prosperous, and united nation,” the statement said.
Meanwhile, the Federal Government has declared today as a public holiday, to commemorate this year’s Democracy Day celebration held every June 12.
June 12 was officially designated as Nigeria’s Democracy Day in 2018, to honour the annulled 1993 presidential election, widely considered the freest and fairest in the nation’s history and won by Chief MKO Abiola.
In a statement announcing the holiday, the Minister of Interior, Dr Olubunmi Tunji-Ojo, on behalf of the Federal Government, congratulated citizens on the occasion of 26 years of uninterrupted democratic rule in the country.
“June 12 represents our historic journey to building a nation where truth and justice reign, and peace is sustained and our future assured,” Tunji-Ojo stated.
City Crime
Rivers Women Celebrate Fubara’s Second Year Anniversary With Thanksgiving

Rivers women, under the aegis of Rivers Women Unite for SIM, have celebrated the second year anniversary of the suspended Governor of Rivers State, Sir Siminalayi Fubara, with praise and thanksgiving.
The women, who gathered at the Ecumenical Centre, Port Harcourt, last Thursday, said that no matter the prevailing circumstances in the State, Fubara has shown great capacity in leadership and deserves to be celebrated.
They emphasised that their gathering was to thank God for what He has done through Fubara and the expected restoration and peace within the State.
They commended Rivers people and all Nigerians who have been standing by the Governor and Rivers people all through these trying times, saying it is now time for peace, reconciliation and restoration.
Speaking on behalf of the women, Dr. Queen Idanyingi Karibi Botoye, said the women have been consistently praying for the State and its leaders.
She urged the leaders of the State to put their differences behind and think about the people first and come together to advance the interest of the State.
The women assured that their prayers will continue until God restores the glory of the State and ensures greater harmony amongst its leaders and people.
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