Supreme Court Rejects Court of Appeal's Ex-Parte Orders

The Supreme Court of Nigeria delivered a unanimous judgment, strongly condemning the ex-parte orders issued by the Court of Appeal. The apex court criticized the appellate court for granting terms that restored ex-parte orders, labeling this development a tragedy for the judiciary.

The Supreme Court warned against the growing misuse of interim relief and held that relief granted by the Court of Appeal was not proper. It stressed that ex-parte orders should not determine substantive rights at an interim stage.

The Supreme Court further ruled that the Court of Appeal exercised jurisdiction improperly, reiterating established legal principles that merely filing a notice of appeal does not confer jurisdiction on the appellate court. Consequently, the Supreme Court set aside the entire case involving Necond Energy and Nestoil, declaring the appeal meritless and nullifying the 186-day-old ex-parte order previously made against the company.

The judgment reaffirmed the principle governing appellate jurisdiction and cautioned against granting substantial interlocutory relief ex-parte at the appellate level.