NJC Warns Judges Against Reckless Ex Parte Orders, Cautions Heads of Court on Case Assignments

• Reiterates zero tolerance for reckless ex parte orders

Wale Igbintade

The National Judicial Council (NJC) has reiterated a stern warning to judges across the country against the indiscriminate grant of ex parte orders, cautioning that the practice undermines due process and erodes public confidence in the judiciary.

The warning formed part of the resolutions reached at the Council’s 110th meeting held on January 13, 2026, under the chairmanship of the Chief Justice of Nigeria, and was contained in a statement issued by the NJC on Tuesday.

“The Council reiterated its earlier warning to judges against indiscriminate grant of ex parte orders,” the statement read.

The Council also advised Heads of Court “to be circumspect in assigning complex matters to newly appointed judges.”

The NJC said the warning followed its review of petitions and disciplinary matters involving judicial officers nationwide, as well as deliberations on judicial appointments, retirements and other administrative issues.

According to the Council, the directive was necessitated by recurring complaints arising from the misuse of ex parte orders, particularly in politically and commercially sensitive cases.

While stressing that ex parte orders remain an essential judicial tool in deserving circumstances, the NJC warned that such orders must be granted strictly in accordance with the law and applicable rules of court.

It cautioned that abuse of the power exposes the judiciary to allegations of bias, forum shopping and loss of public trust.

The Council also underscored the responsibility of Heads of Court in case assignment, noting that complex and high-stakes matters should not be indiscriminately assigned to newly appointed judges without adequate experience, as such decisions could affect the quality of justice delivery and the integrity of judicial outcomes.

The warning came against the backdrop of the Council’s review of 39 petitions against judicial officers across the federation. Of the number, 26 petitions were dismissed for lack of merit, seven were recommended for further investigation, while two judicial officers were cautioned.

The NJC recalled that it has, in the past, sanctioned judges who failed to exercise proper discretion in granting ex parte orders, which are made without hearing the other party to a suit.

The latest development has reignited calls for stiffer sanctions against judges found to have abused their judicial discretion by granting frivolous ex parte injunctions.

Concerns over the spate of conflicting ex parte orders came to the fore in 2021, when the then Chief Justice of Nigeria, the late Justice Ibrahim Tanko Muhammad, summoned Chief Judges of the Federal Capital Territory, Rivers, Kebbi, Cross River, Jigawa, Anambra and Imo states for an urgent meeting.

At the meeting held on September 6, 2021, Justice Muhammad warned against reckless assumption of jurisdiction in matters already before other courts, cautioned against forum shopping, and advised Heads of Court against assigning complex cases to inexperienced and newly appointed judges.

He vowed that the judiciary would no longer tolerate indiscipline or allow any judge to tarnish its image, assuring that judges involved in granting conflicting ex parte orders would face disciplinary action.

True to that assurance, the NJC, at its meeting of December 14 and 15, 2021, sanctioned three judges found culpable after considering the recommendations of an investigation committee set up in September 2021.

One of the judges was barred from elevation for two years and issued a warning letter for failing to exercise due diligence in granting an ex parte order where no real urgency existed.

Another judge was similarly barred from promotion for two years over fundamental defects and non-compliance with the law in granting an ex parte order.

A third judge was barred from promotion for five years for allowing himself to be used as a tool for forum shopping and abuse of court process. He was also placed on the NJC’s watch-list for two years.