Ex Parte Orders Against Nestoil and Neconde Expire Automatically

The ex parte orders obtained by FBNQuest Merchant Bank Limited and First Trustees Limited against Nestoil Limited and Neconde Energy Limited have lapsed by operation of law as of November 13, 2025, under the Federal High Court (Civil Procedure) Rules, 2019.

The orders, granted on October 22, 2025 by Justice D. I. Dipeolu, froze the assets of Nestoil, Neconde, and other defendants, and allowed the Receiver/Manager, Mr. Abubakar Sulu-Gambari, SAN, to take control of the companies’ assets, including Neconde’s stake in OML 42. These injunctions also restrained the companies from operating their bank accounts.

However, under Order 26, Rule 10(1) and (3) of the Civil Procedure Rules, ex parte orders automatically expire 14 days after a motion to discharge or vary them is filed unless the court directs otherwise. Since the defendants filed their motion on October 30, 2025, and it remained unheard by November 13, the orders automatically lapsed.

Legal experts stressed that ex parte orders are temporary reliefs, intended to preserve rights briefly without hearing the other party. Extending them beyond 14 days without court approval would violate the constitutional right to a fair hearing (Section 36(1)). Once expired, there is no lawful basis for enforcement, meaning any continued occupation of premises or seizure of assets should cease immediately unless new orders are obtained.

Commentators note that unless the plaintiffs seek fresh orders or the court expressly extends the injunctions in the interest of justice, the Mareva injunctions against Nestoil and Neconde have ceased to have legal effect.