LEGAL PRINCIPLE: CIVIL PROCEDURE — Interlocutory Injunction — Balance of Convenience — Effect of Elaborate Preparations and Foreign Invitations
PRINCIPLE STATEMENT
Where elaborate arrangements including invitations to foreign dignitaries have been made for an event, the balance of convenience does not favour granting an injunction to suspend or cancel such arrangements when the order will not enhance the applicant's case.
RATIO DECIDENDI (SOURCE)
Per Abdullahi, PCA (as approved by Tobi, JSC), in Buhari & Ors v. Obasanjo & 266 Ors (2003) NLC-1332003(SC) at p. 36; Paras C–E.
"It is well-known that the 29/05/03 has been fixed for the swearing ceremony of the 1st respondent; and that elaborate arrangements including the invitation of foreign dignitaries have been made for the occasion. It seems to me injunction at this stage to make an order the effect of which is to suspend or cancel these arrangements when such order will not in any case enhance the case of the petitioner before the court."
EXPLANATION / SCOPE
The balance of convenience considers practical consequences. Elaborate preparations favour refusing an injunction. The principle applies to interlocutory injunctions. The court will not disrupt major events without strong cause. The rule respects the balance of convenience. The principle is well-established.