The Federal Ministry of Justice and ActionAid Nigeria have raised concerns over the misuse of ex parte orders and interim reliefs, warning that improper applications and grants undermine fair hearing, affect ease of doing business in the country, and weaken public confidence in the judiciary.

They spoke at a specialised seminar on Judicial Officers’ Application of the Rules of Court, with the theme, “Strengthening Procedural Practice and Effective Interim Relief”, organised by the Federal Justice Sector Reform Coordinating Committee (FJSRCC) and ActionAid’s Independent Judicial Accountability Panel (IJAP).

Representing the Attorney-General of the Federation, the Permanent Secretary of the Federal Ministry of Justice, Mrs. Beatrice Ejodamen Jedy-Agba, said applications made without notice required strict adherence to procedural rules and full disclosure of material facts by lawyers seeking such orders.
She said such applications placed significant responsibility on judges because they had to make decisions based largely on the information presented by one party, without hearing the other side.
According to her, lawyers have a duty to disclose all relevant facts, including information that could weigh against the application, as the obligation is owed to the court and not merely to the absent party.
The Permanent Secretary noted that the Supreme Court had affirmed the importance of full and frank disclosure in applications for ex parte orders, stressing that the duty was among the most demanding professional obligations of legal practitioners.

She warned that failure to comply with the requirement could lead to serious consequences, including orders that remained in force beyond their lawful duration and reliefs granted in circumstances that did not justify them.
She stated the ministry had a responsibility to examine its own conduct, particularly because applications involving government institutions could have significant financial and administrative implications.

According to her, improperly discharged orders could expose the government to litigation costs and enforcement actions, while wrongly obtained interim orders could freeze government assets, disrupt revenue collection and stall criminal prosecutions.
She added that disputes involving oil and gas, banking, energy, telecommunications and other corporate matters could be affected by procedural irregularities, potentially disrupting commercial activities and undermining investor confidence.
The Attorney General said the ministry considered it necessary to engage stakeholders on the issue, adding that efforts to improve compliance with court procedures must begin with self-examination and accountability within government institutions.

Also speaking, ActionAid Nigeria’s Governance Specialist, Vivian Efem Bassey, said the request, processing and grant of ex parte orders and interim reliefs had become issues of significant concern in legal and judicial practice.
She said the issue was repeatedly identified at the 2025 National Network Conference of Justice Sector Actors and featured prominently in the deliberations of IJAP.
Bassey said the panel had recommended that the National Judicial Council be more proactive in disciplining judges who misuse ex parte orders.
She, however, said the seminar was not intended to find fault with judicial officers but to address the challenges associated with the consistent application of existing rules under time and procedural pressure.
According to her, responsibility for the proper use of ex-parte orders rests not only with judges who grant them but also with lawyers and other officials involved in requesting, advising on, and processing the applications.
She said the seminar was designed to deepen participants’ understanding of the legal basis, scope, limitations and appropriate application of ex-parte and interim orders.
It also aimed to examine when such orders were justified, identify safeguards against abuse, assess their implications for access to justice and fair hearing, and promote consistency in the application of court rules.
Bassey added that the discussions would focus on strengthening accountability mechanisms governing the use, oversight and review of such orders.
She stressed that the urgency of granting interim relief must always be balanced against constitutional guarantees of fair hearing and due process.