Court Voids Ex-parte Mareva Orders, Faults Petitioners for Suppressing Facts

Wale Igbintade

The Federal High Court in Lagos has nullified all proceedings and interim orders made on November 21, 2025, in Suit No. FHC/L/CS/812/2024, Collins Onyeweama & Anor v. Techno Oil Limited & Ors, holding that the ex-parte orders were obtained in flagrant violation of the respondents’ constitutional right to fair hearing.

In a ruling, Justice Ayokunle Faji held that the interim orders granted on November 21 were secured through the deliberate suppression of material facts and misrepresentation to the court by the petitioners and their counsel.

The ruling arose from a motion ex-parte filed by the petitioners, in which they sought global Mareva injunctions against the third and fourth respondents on the alleged suspicion that the assets of the 1st respondent were being moved.

The application was filed and heard without any hearing notice to the respondents or their counsel, notwithstanding that all parties to the suit were already duly represented by counsel.

The court stated that the matter was last heard on November 7, 2025, when it was adjourned to December 11, 2025, for a report of settlement.

Aggrieved by the ex parte orders, counsel to the various respondents filed separate applications seeking to set aside the November 21 orders on the grounds of breach of fair hearing and lack of jurisdiction.

Professor Kemi Pinheiro, SAN, appeared for the first, third, fifth, and sixth respondents, alongside Chukwudi Enebeli, SAN, Ogbonna Chukwumerije, Esq., and Kazeem Afolabi. Nnaemeka Amaechina appeared for the scond and fourth respondents.

Equally appearing were Oluwole Afolabi, SAN, and O.F. Fatomi for the first, third, and seventh parties seeking to be bound as interveners, while Ifeanyi Ekopo, holding the brief of Tochukwu Maduka, SAN, appeared for the fourth, fifth, and sixth parties seeking to be bound.

In his ruling, Faji upheld the submissions of senior counsel for the respondents that the petitioners had suppressed material facts in procuring the ex parte orders.

The court observed that Exhibit 25, which formed the foundation of the Mareva application, had already been annexed to a motion on notice filed nearly two months before the November 21 proceedings.

However, during the hearing of the ex parte application, petitioners’ counsel had told the court that the facts relied upon had only recently come to the petitioners’ knowledge.

Faji held that had the court been properly informed of the earlier filing, the ex parte application would not have been granted.

Consequently, the court set aside the entire proceedings and all orders made on November 21, 2025, for constituting a violation of the respondents’ right to fair hearing.

To safeguard the integrity of the judicial process and maintain public confidence in the administration of justice, Faji further announced his decision to recuse himself from further handling of the matter.

He explained that the applicable test was how a reasonable and informed observer would perceive the circumstances surrounding the breach of fair hearing.

Accordingly, the court ordered that the case file be transmitted to the Honourable Chief Judge of the Federal High Court for reassignment to another judge of the Lagos Division.