LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Right to Fair Hearing — Grant of Interim Injunctions Ex Parte
PRINCIPLE STATEMENT
An interim injunction may properly and lawfully be granted upon an ex parte application in appropriate cases where circumstances justify it; such orders are backed by the inherent powers of the courts under section 6(6)(a) of the 1979 Constitution.
RATIO DECIDENDI (SOURCE)
Per Adio, JSC, in *7-Up Bottling Company Ltd. & Ors v. Abiola and Sons Nigeria Ltd.* (1995) NLC-1911989(SC) at p. 29; Paras C-E.
"I think it can now be taken as well settled that an interim injunction may properly and lawfully be granted upon an ex parte application in appropriate cases where the circumstances of the matter justify the making of the order. In my view, therefore, the provisions of order 8 rule 9 cannot be said to be in conflict with the constitutional provisions of right of fair hearing under section 33 (1) of the 1979 Constitution particularly when it is appreciated that the making of such interim orders of injunction is fully backed by the inherent powers of the courts preserved under section 6(6)(a) of the said 1979 Constitution."
EXPLANATION / SCOPE
Ex parte interim injunctions are permissible where circumstances justify them. They do not violate the right to fair hearing because they are temporary and subject to variation or discharge. The inherent powers of the court support such orders. The principle balances the need for urgent relief with fair hearing. The affected party may apply to vary or discharge the order. The court must exercise discretion judicially. The rule applies to all interim injunctions. The court must be satisfied that the matter is urgent. The principle is well-settled in Nigerian law.
