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The Most Shocking A/Court ‘Judgment’ in Nigerian History: An unfortunate precedent that should not be allowed to stand

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The last is yet to be heard of wide ranging ex-parte orders as this time around, the charade has moved to the Court of Appeal, Lagos Division. In the case of FBN Quest & Another vs. Nestoil & Others, the Court of Appeal’s ex parte orders are not only egregious but a chilling sign of judicial capture, smacking of dirty practices at best and corruption at worst.

On Thursday, 27th November 2025, at exactly 2:00pm, Justice Yargata Nimpar delivered a ‘ruling ’ that appeared like a thief in the night, a ghost and unscheduled, the said decision came upon a Motion Ex-parte which was not heard not argued in open court, yet it surfaced, fully written, signed, stamped, and delivered as though it had lived a full life on the Court of Appeal docket.

For many Nigerians, the judiciary has again weathered the storms. Veterans of the legal system describe this episode as “a daylight heist… a judicial armed robbery without guns.”

The controversies over wide ranging ex-parte applications, it would seem, has found its way to the Court of appeal, an intermediate court with limited original jurisdiction as donated to it by statute.

In this instance, barely two weeks ago, we reported the ex-parte orders against NESTOIL and the other defendants listed in the suit before the Federal High Court which led to the transfer of the suit to another judge.

The said interim orders were vacated by effluxion of time, being that ex-parte orders last for only 14 days.

The court however ordered parties to maintain status quo and adjourned the Motion on Notice for hearing by the consent of the parties. That Motion is still pending before the Federal High Court.

It would seem that in order to frustrate that pending Motion, the Plaintiffs somehow filed a similar application to the Court of Appeal which was granted an order ex-parte directing the Lower Court not to take any further steps, including determining the pending application filed by Plaintiffs (now Appellants).

This magically resurrected, fast-tracked application seem to have been rubber-stamped at the fictional “Appeal Bench of Shadows,” as insiders have begun calling it.

A CASE THAT NEVER EXISTED — YET RECEIVED A JUDGMENT

Our Judiciary correspondent gathered that when the court’s official list for the day was released, nothing seemed amiss. No controversial cases. No unexpected hearings.

But somewhere inside the dusty chambers of bureaucracy, a secret file was already being prepared and by 2pm, a judgment carrying the signatures of an entire appeal panel had surfaced — even though none of them had appeared in open court and when the case itself had never been argued before any High Court, making an appellate ruling legally impossible.

By evening, whispers had turned into rumblings. Court workers who handled the mysterious document reported unusual instructions: No public sitting; No mention on the court list; No access to case filings; No digital record and No audio recording of proceedings. Yet an order was made retrospectively to undo a completed act! which is yet another impossibility in law, because the exparte order cannot restore what has been already executed.

“It was like dealing with a ghost file,” one clerk said. “It appeared from nowhere and disappeared into official archives as though it had always existed.”

This judgment, once delivered, spread like wildfire, with legal scholars calling it “a constitutional impossibility.” Veterans said they had never seen anything similar since the 1970s.

Enquiries from our judiciary correspondents indicate that an application can only be hinged upon a valid Notice of Appeal against a decision of a lower court before any application can be entertained at the Court of Appeal.

Further Investigations by our judiciary correspondent reveals that no such Notice of Appeal has been filed nor served on the respondents; no parties have been invited to Settle Records and no Records of Appeal have been transmitted.

One wonders the platform or upon which grounds the ex-parte order was made, observed one senior lawyer, especially as a similar pending application filed by the Appellants has been adjourned for Hearing by the Federal High Court.

Furthermore, the case at the trial court before Justice Osiagor has not been heard on its merits, which documents was placed before the appellate court and all applications before the judge has not been heard or is the court of appeal now a trial court.

A JUDICIARY AT A CROSSROADS

Public outrage rose quickly. Lawyers described the situation as “a hijacking of justice by shadowy interests.” Civil society groups demanded explanations.

A Judiciary where justice can be manufactured behind closed doors…a legal system where influence not merit, decides outcomes…and an institution tested by the weight of powerful external forces, et cetera should not be allowed to thrive.

AN ERA-DEFINING SCANDAL

This judgement will stand as one of the most dramatic challenges ever faced by Nigeria’s justice system. The shockwaves has rippled far beyond the courtroom — touching politics, business, security agencies, and public trust.

One thing is clear: This is the kind of judicial earthquake that rewrites history, shakes institutions, and forces a nation to confront the truths it fears the most. Our judicial correspondences were able to get an incline of the ex-parte orders made by the Court of Appeal as follows:

  1. AN ORDER of interim restorative injunction reversing all steps taken by the Respondents and/or persons purporting to act on the instructions of the Respondents and which steps or actions were taken pursuant to the order of the Federal High Court coram Osiagor, J made on the 20th day of November 2025 pending the hearing and determination of the Appellants’ Motion on Notice filed on the 26th day of November 2025.
  2. AN ORDER of interim injunction restraining the Respondents, their agents, servants, affiliates, and privies from interfering with and interrupting the Receiver/Manager in the performance of his duties pending the hearing and determination of the Appellants’ Motion on Notice filed on 26th November 2025.
  3. AN ORDER staying further proceedings at the lower court pending the hearing and determination of the Appellants’ Motion on Notice filed on the 26th November 2025.

A SHOCKING DEPARTURE FROM JUDICIAL NORMS

Therefore, the Lagos Court of Appeal’s decision to grant ex parte orders in FBN Quest & Another vs. Nestoil & Others stunned the legal community as ex-parte rulings are meant for rare emergencies and hardly exercised by appellate courts. By acting without hearing both sides, while the matter was already before the Federal High Court, the Court of Appeal has undermined the principle of natural justice and distorted its own role.

NIGERIAN IMAGE AT RISK

At a time when Nigeria is striving to reposition its global reputation, this case sends the wrong message. It portrays the country as one where courts can be hijacked by private interests, where fairness is discarded, and where corruption lurks behind judicial robes. For investors and international partners, it reinforces damaging stereotypes of weak institutions and compromised justice.

AN URGENT CALL FOR INVESTIGATION

These orders are not just irregular — they are evidence of judicial capture. They must be investigated urgently. The Chief Justice of Nigeria, the National Judicial Council, the President of the Court of Appeal and the Nigerian Bar Association cannot remain silent. If appellate courts become arenas for ex-parte adventures, Nigeria’s justice system risks collapse under the weight of manipulation.

CLOSING NOTE

The Court of Appeal’s conduct in FBN Quest & Another vs. Nestoil & Others is more than a misstep, it is a warning sign of judicial capture. If Nigeria is serious about restoring its image and strengthening democracy, this case must be investigated, accountability enforced, and reforms implemented. Anything less would be an abdication of the judiciary’s sacred duty to uphold justice. We must not allow that to happen.
A very Senior lawyer emphasize that the exparte order of the court of appeal lagos division in Nestoil has the possibility of eroding administrative control of Heads of superior Court from assigning or re assigning matters within their respective courts. Furthermore both the President of the Court of Appeal and the Chief Justice of Nigeria may not have the authority to disband a panel and re- constitute another panel over any matter in their respective courts. This decision is a total anarchy to the judiciary and urgent steps must be taken to vacate the strange Court of appeal exparte order.

The conduct of the court of appeal justices is not excusable anywhere in the world and it’s indeed has brought the court of Appeal justices who constituted the panel to ridicule

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Dogara Celebrates Former President Ibrahim Babangida at 85, Hails His Enduring Legacy

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Rt. Hon. Yakubu Dogara, former Speaker of Nigeria’s House of Representatives, has joined millions of Nigerians in celebrating the 85th birthday of former military President, General Ibrahim Badamasi Babangida (rtd), fondly known as IBB.

In a heartfelt tribute, Dogara described General Babangida as “a statesman of uncommon vision whose leadership helped shape the destiny of Nigeria.” He emphasized that Babangida’s years in power were marked by bold reforms, infrastructural expansion, and the creation of new states that gave voice and identity to millions of Nigerians.

Born on August 17, 1941, General Babangida rose through the ranks of the Nigerian Army to become Head of State in 1985. His eight-year tenure remains one of the most defining eras in Nigeria’s political and economic journey. During his administration, Babangida introduced far-reaching economic reforms, strengthened Nigeria’s federal structure through state creation, and invested in infrastructure projects that continue to serve the nation decades later.

Dogara noted that Babangida’s foresight in establishing institutions and agencies has left an enduring legacy. He highlighted the former president’s role in expanding Nigeria’s federation, ensuring equity and representation across diverse regions, and laying foundations that successive governments have built upon.

Beyond his years in office, Dogara commended Babangida’s enduring role as an elder statesman. Even in retirement at his Minna Hilltop residence, Babangida continues to provide wise counsel to successive governments and inspire younger generations with his humility, patriotism, and resilience.

He prayed for Babangida’s continued health, strength, and grace, adding that his life is a testimony of service to God and country.

As Nigerians reflect on his 85 years, Babangida’s story is not only one of military distinction and political leadership but also of enduring influence in shaping Nigeria’s path toward unity and progress. His legacy continues to resonate, reminding the nation of the importance of vision, courage, and commitment to the common good.

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Group Threatens Legal Action Against Akutah Over Alleged Breach of Presidential Directive

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An advocacy group, the Centre for Democracy (CDD), has given the Executive Secretary of the Nigerian Shippers Council, Pius Akutah, five days to explain why he allegedly failed to resign from his position after obtaining the All Progressives Congress (APC) governorship nomination form.

In a statement signed by its Director of Operations, Barrister Jude Oseni, and made available to journalists, the group alleged that Akutah ought to have resigned immediately after obtaining the nomination form.

The group said his alleged failure to resign breached a presidential directive requiring federal appointees seeking elective positions in the 2027 general elections to relinquish their appointments by March 31, 2026.

According to the CDD, failure to comply with the directive amounts to insubordination to President Bola Tinubu and raises questions about Akutah’s relationship with the office of the Secretary to the Government of the Federation and the Minister of Transportation.

The group threatened to institute legal action against Akutah if he failed to publicly clarify that the APC governorship nomination forms were purchased by another person without his knowledge.

The CDD further alleged that Section 88(3) of the Electoral Act would prevent Akutah from participating in the election if he is presented as the APC governorship candidate, claiming that his alleged failure to resign from public office made him ineligible to contest.

The group also claimed that the APC, or any other political party that fields Akutah as its governorship candidate, could face legal consequences over his alleged non-compliance with the resignation requirement.

“His failure to resign on May 31, 2026 has made him ineligible to contest for the 2027 governorship election in the All Progressives Congress and also in any other political party,” the statement said.

The CDD argued that presidential directives constitute orders or policy guidelines issued by the President to the executive branch of government, provided such directives do not conflict with the Constitution or laws enacted by the National Assembly.

It cited Section 5 of the 1999 Constitution, which vests executive powers of the Federation in the President, and Section 130(2), which provides that the President is the Head of State, Chief Executive of the Federation and Commander-in-Chief of the Armed Forces.

The group argued that these constitutional provisions empower the President to issue directives to officials under his authority, including heads of ministries, departments and agencies.

It also cited Section 171 of the Constitution in arguing that the President’s authority over the appointment and removal of certain public officers reinforces his power to issue administrative directives to officials under his control.

The CDD alleged that President Tinubu’s directive requiring political appointees seeking elective office to resign by March 31, 2026 was issued to ensure compliance with electoral guidelines and promote fairness ahead of the 2027 general elections.

The group further referenced Section 88(1) of what it described as the Electoral Act, 2026, which it said provides that a political appointee at any level shall not serve as a voting delegate or be voted for at the convention, congress or primary of a political party for the purpose of nominating candidates for an election.

On that basis, the CDD argued that any political appointee who failed to resign in accordance with the directive would be ineligible to participate in a party’s nomination process or emerge as its candidate.

The group therefore called on Akutah to clarify his status within five days, warning that failure to do so would prompt it to pursue legal action over what it described as an alleged breach of the presidential directive and electoral law.

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Energy Consultants Retract Call for Ojulari’s Removal, Say Further Investigation Found ‘High Level of Transparency’ at NNPCL

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The Association of Energy Policy and Development Consultants (AEPDC) has retracted its earlier call for the removal of Bayo Ojulari, Group Chief Executive Officer (GCEO) of the Nigerian National Petroleum Company Limited (NNPCL), saying further investigations showed that its initial position was based on incomplete and misleading information.

Dr Ibrahim Danjuma, national president of AEPDC, announced the reversal at a press conference in Kaduna on Friday, where he said the association had conducted further investigations, reviewed relevant documents and consulted industry stakeholders after issuing its initial statement.

Danjuma said the association’s subsequent findings revealed a high level of transparency in the management of NNPCL, particularly regarding the energy security expenditure and other financial obligations that had initially triggered its criticism of Ojulari.

“We have called this press conference today because we owe Nigerians an important explanation. A few days ago, the Association of Energy Policy and Development Consultants (AEPDC) issued a statement expressing serious concerns about the management of the Nigerian National Petroleum Company Limited (NNPCL), particularly the figures relating to energy security expenditure, pipeline protection and other claims contained in the company’s financial records,” he said.

“In that statement, we called for the resignation of Mr Bayo Ojulari, group chief executive officer of NNPCL, arguing that the information available to us at the time suggested a disturbing level of opacity and weak accountability in the management of the nation’s petroleum resources.

“Today, after conducting further investigations, reviewing additional documents and engaging with relevant industry stakeholders, we have come before you to formally retract that position.”

The association said its initial assessment had been influenced by “incomplete information, selective interpretations and narratives” that did not adequately reflect the circumstances surrounding the expenditure under scrutiny.

Danjuma said AEPDC subsequently examined NNPCL’s financial disclosures, the legal framework governing its energy security obligations, under-recovery mechanisms, claims against the federation and the operational circumstances behind the expenditure.

“What emerged from this exercise was substantially different from the picture initially presented to us. Our findings reveal a level of transparency in the current management of NNPCL that we believe deserves recognition rather than condemnation,” he announced.

The group said the energy security figures should not be treated as unexplained expenditure simply because they involved large sums, arguing that they must be assessed within NNPCL’s statutory responsibilities, its role as an energy supplier of last resort, petroleum pricing interventions and exchange-rate movements.

According to Danjuma, the association also found that NNPCL’s financial disclosures contained explanations that could enable the claims to be examined and independently scrutinised.

“On this basis, we believe our earlier characterisation of the NNPCL’s position as one of secrecy was unfair. We therefore apologise to the management of NNPCL, particularly Mr Bayo Ojulari, for the conclusion we reached before completing the level of investigation that this matter deserved,” he said.

He stressed that the retraction did not amount to abandoning the group’s demand for accountability.

“Our decision today is therefore not a retreat from accountability. It is accountability in practice,” Danjuma emphasised.

The consultants maintained that legislative and independent scrutiny of NNPCL’s finances should continue, but urged stakeholders to approach the issue objectively and avoid drawing conclusions from isolated figures.

AEPDC also urged NNPCL to continue publishing comprehensive financial statements and providing clear explanations for major expenditures, while calling for stronger systems for independently verifying and reporting energy security costs.

Danjuma said the association’s revised position was based on its responsibility to correct itself after discovering that its earlier assessment was not sufficiently supported by the full facts.

“We made a judgment. We investigated further. We found that the judgment was not sufficiently supported by the full facts. We are correcting it publicly,” he said.

The association subsequently withdrew its demand for Ojulari’s resignation and reaffirmed confidence in his leadership of NNPCL, while urging him and his management team to sustain transparency, accountability and efficiency in the management of Nigeria’s petroleum resources.

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