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The Most Shocking A/Court ‘Judgment’ in Nigerian History: An unfortunate precedent that should not be allowed to stand
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:
- 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.
- 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.
- 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
News
Nigerian Youth Storm National Assembly Demands Access to Present Dishonourable Award to Senator
Nigerian Youth under the leadership of Empowerment for Unemployed Youth Initiative (EUYI) on Tuesday stormed the National Assembly to present Senator Olajide Ipinsagba with the Most Dishonourable Senator of the year award.
EUYI previously threatened to present the Senator with the award, citing a plethora infractions and unwholesome dealings especially with his legislative aids and associates.
The group urged the Senate President to grant them access to the hallowed chambers to make the presentation as wake up call to other public servants.
Addressing the press at the National Assembly complex, Comrade Danesi Momoh Prince disclosed that they had gathered as early as 7 am at the National Assembly gate only to discover that the Senate is not sitting and that the embattled Senator was absent despite prior information.
“We’re angry that Senator Olajide Ipinsagba has refused to show up and collect his award for his dishonourable conduct especially as it pertains the exploitation and underemployment of Nigeria youth under his office
“How can a Senator be paying his legislative aid 30,000 naira when the national minimum wage is 70,000 Naira? Is he the only one that needs money? Is it not wickedness to treat unemployed Nigerian youth like that?”, he queried.
The group vowed to go ahead and present the award to the Senator in person, be it in the Senate Chambers or his house. We shall however not give the award to anybody but the senator due to the “seriousness of his offense”
News
Group Cautions Against Unverified Claims on TCN, Calls for Institutional Dialogue
The Network of Advocacy for Positive Impact Initiative (NAPII) has cautioned against the spread of unverified allegations concerning the operations of the Transmission Company of Nigeria (TCN), warning that such claims could undermine public confidence in Nigeria’s electricity infrastructure.
Addressing journalists in Abuja on Monday, the Executive Secretary of the organization, Comrade William Smith Bassey, said the advocacy group convened the media briefing to promote balanced engagement and prevent misinformation in the power sector.
Bassey said while public scrutiny of government institutions remains important in a democratic system, allegations capable of affecting critical national infrastructure must be handled responsibly and through appropriate institutional channels.
According to him, Nigeria’s electricity transmission network plays a central role in the country’s power supply chain and therefore requires stability, public confidence, and constructive engagement from all stakeholders.
“The transmission system is the backbone of the nation’s electricity supply architecture. It connects power generation to distribution companies across the country. Any narrative that casts doubt on this vital institution must be examined carefully to ensure it does not distort public perception,” he said.
The group noted that recent reports circulating in the media about the operations of TCN appeared to contain sweeping claims that could create unnecessary anxiety within the power sector if not properly contextualized.
NAPII maintained that government agencies such as TCN operate under established administrative procedures and regulatory oversight that ensure transparency and accountability in their activities.
Bassey explained that issues relating to procurement processes, operational decisions, and management policies within public institutions are subject to review by the appropriate authorities, including supervising ministries and regulatory bodies.
“Where concerns exist, they should be presented through formal mechanisms that allow proper investigation and resolution. Public accusations without adequate verification risk creating tension and diverting attention from ongoing reforms in the power sector,” he said.
The organization also highlighted the operational challenges faced by transmission infrastructure across Nigeria, noting that transmission facilities are spread across vast geographical areas, including remote and difficult terrains that require continuous monitoring and technical intervention.
According to the group, maintaining and expanding the national grid requires consistent efforts by engineers and technical teams who work round the clock to ensure electricity transmission remains stable.
NAPII stressed that at a time when the country is making efforts to improve power supply, strengthen grid stability, and support economic development, stakeholders must act with a sense of national responsibility.
The advocacy group advised interested parties to utilize available institutional processes to obtain relevant information about TCN’s budgetary allocations and operational activities, particularly through records approved by the National Assembly and relevant oversight bodies.
“We believe that issues affecting institutions as strategic as the Transmission Company of Nigeria should be addressed through dialogue, responsible advocacy, and evidence-based discussions rather than exchanges that may generate confusion,” Bassey said.
He added that the organization has confidence in the current management of the Transmission Company of Nigeria and urged stakeholders to allow the institution to continue carrying out its mandate without undue distractions.
NAPII further emphasized that national institutions must be strengthened through constructive criticism and proper oversight mechanisms rather than weakened by narratives that may not fully reflect the realities within the sector.
The group reaffirmed its commitment to promoting responsible public discourse, transparency, and balanced engagement on matters affecting Nigeria’s development.
News
GOCMEJ APPLAUDS THE RE-APPOINTMENT OF NSCDC COMMANDANT GENERAL, PROF. AHMED ABUBAKAR AUDI
The Guild of Civil Societies and Media Executives for Equity, Justice, and Transparency in Nigeria (GOCMEJ) has highly commended President Bola Ahmed Tinubu on the re-appointment of Prof. Ahmed Abubakar Audi as the Commandant General of the Nigeria Security and Civil Defence Corps (NSCDC) for a second term of five years.
In a statement released from Mombasa, Kenya, the Guild described the President’s decision as that of a round peg in a round hole, affirming it as a testament to Prof. Audi’s transformative leadership and the remarkable success trajectory recorded during his first tenure.
The President of GOCMEJ, Omoba Kenneth Agbegbele, hailed the re-appointment as a “nationalist, decisive, and visionary action” that reaffirms the administration’s unwavering commitment to excellence, capacity, and continuity. “Your avowed confidence in Prof. Audi is not only a recognition of his hard work and dedication but a bold statement that merit, proven results, and loyalty remain the bulwark of your administration’s cardinal principles,” the statement read.
According to the Guild, the CG’s first tenure witnessed an unprecedented repositioning of the Service, changing its narrative through a series of landmark achievements. These include:
· Institutional Development: Establishment of the Civil Defence Academy in Jos, Plateau State; the NSCDC Arms Squad Training School in Ugede Development Area, Nasarawa State; and the creation of the NSCDC Female Squad to tackle kidnapping and other security challenges in schools nationwide.
· Sector-Specific Interventions: Creation of the NSCDC Special Mining Marshals to combat illegal mining, which has drastically reduced the pillage of natural resources.
· Operational Capacity & Welfare: Massive acquisition of arms and accoutrements; procurement of Armoured Personnel Carriers (APCs) and over 250 operational vehicles; purchase of mini-fire-fighting tankers for disaster management; robust staff welfare packages, including mass promotions and the provision of staff buses; and the construction of official and residential buildings.
· Infrastructure Protection: Destruction of over 450 illegal refineries in the Niger Delta; arrest and prosecution of vandals with record conviction rates; and the recovery of stolen railway materials valued at over ₦5 billion.
· Strategic Initiatives: Pioneering the ‘Safe Schools Initiative’ for the protection of vulnerable schools across the country; and the creation of the CG’s Special Intelligence Squad, which has made significant impacts in the war against illegal bunkering, kidnapping, and banditry.
The statement further highlighted Prof. Audi’s role in fostering inter-agency collaboration and enhancing public trust. It also praised the effective supervision of Private Guard Companies and the use of Alternative Dispute Resolution (ADR) to amicably settle conflicts between herders and farmers, as well as other community disputes, contributing to national peace-building.
“Transparency and professionalism have remained at the forefront of Prof. Audi’s transformational philosophy,” the statement noted. “His introduction of far-reaching institutional reforms, including the yearly and quarterly Commandant General’s Conferences, has kept the Corps abreast of global best practices and aligned its operations with the mandate of President Tinubu’s administration.”
GOCMEJ reiterated that the efforts of the NSCDC under Prof. Audi are in line with the President’s vision to diversify the economy and protect critical national assets, including those in the mining, oil and gas, and agricultural sectors.
“The Guild looks forward to a second tenure marked by unprecedented milestones, improved policy direction, and sustained public trust,” Omoba Agbegbele added. “We call on all Nigerians to join hands with this pragmatic and transformative leader as he drives the NSCDC to even greater heights in national development, security, and safety.”
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