What is the duration of an Ex Parte Order in Nigeria? – By Frank Ofili

“(1) An order of injunction made upon an ex parte application shall abate after 7 days.

(2) The Court may upon application extend the effective period of an order made ex parte if it is satisfied that such extension is necessary in the interest of justice or to prevent an irreparable or serious mischief.” — https://www.google.com/search?q=how+long+does+an+exparte+order+lasts&oq=how+long+does+an+exparte+order+lasts&aqs=chrome..69i57j0i22i30i625j0i22i30j0i390l3.10556j0j7

Skye Bank vs Haruna & Ors

“Implicit in that is the law that ex-parte orders are by their very nature not intended or meant to last forever, but to have a short life span, usually for 7 or 14 days depending on the Rule of Court unless renewed or pending the hearing of a motion on notice. The reason for this is not far fetched. Being orders made behind the other Party, and usually for exigencies to maintain the status quo, ex-parte orders cannot have a long-life span and indeed automatically die after the 14 days by Order 26 Rule 12 (1) of the F. H. C. (Civil Procedure) Rules, 2009, or until the motion on notice is heard. This position was succinctly stated in the case of Enekwe Vs Ima Ltd (1997) 10 NWLR (Pt. 526) 60I at 611. When the Court held:-

“By their nature, injunction, orders granted ex parte can only be properly interim in nature. They are made without notice to the other side to keep matters in status quo to a named date, usually not more than a few days or until the Respondent can be put on notice. It is therefore wrong to make an ex-parte without fixing a date of hearing of the motion on Notice.”

An ex-parte order which invariably affects a party who is absent at the proceedings in the Court when the order is made, must necessarily have a very short life span otherwise the order would come in conflict with the right of fair hearing enshrined in Section 36 (1) of the Constitution, FRN, 1999 (as amended). They must therefore be made to last until a given date, not more than a few days.” — http://loyalnigerianlawyer.com/position-of-the-law-on-the-life-span-of-an-ex-parte-order-skye-bank-v-haruna-ors/

In other words, an ex parte order expires at the next sitting of the court where it must either be vacated or be renewed. Whatever the case, it must not last more than 14 days.

Now, the Central Bank of Nigeria had extended deadline for the old N1,000, N500 and N200 to cease to be legal tender. The bank had ordered citizens to swap old N1, 000, N500, and N200 banknotes for a redesigned currency by the deadline.

But on February 8, the Supreme Court of Nigeria suspended the CBN’s February 10 deadline to stop the use of old currency notes. The apex court, ruling in an ex parte application by three states – Zamfara, Kogi and Kaduna – stopped the CBN from banning the old notes pending the hearing and determination of the case. It fixed February 15 for hearing.

On February 15 – seven (7) days after the ex parte order – the case came up for hearing, but the apex court neither vacated the order nor renewed it. Instead, it adjourned hearing to Wednesday February 22. Of note, is that the applicants did not seek extension of the order.

President Buhari, in a national broadcast on Thursday February 16 (8 days after the ex parte order) directed the CBN to recirculate only the old N200 banknotes, banning the use of old N500 and N1,000 notes in the country.

Now, has Mr. President followed the law or not? Over to lawyers in the house.