That it is contained in a law (not the Constitution) does not make it valid. The 1999 CFRN is supreme and its provisions have binding effect on all bodies and persons. Where any law is inconsistent with the CFRN, such law shall be null and void to the extent of the inconsistency.
The Supreme Court has made clear the essence & purpose of ex parte applications and the circumstances under which interim orders can be granted. Indeed in the old line of cases (from the golden era) led by Kotoye v CBN, the Court explained the transient nature of interim orders:
In 1995, this is what the Supreme Court said per Wali JSC in Seven-Up Bottling Company Limited v. Abiola. I also did not see any ambiguity until now.
In time past, spirited efforts were made to get the courts to declare interim orders as unconstitutional by reason of their one-sided nature. The rationale behind the courts finding them to be constitutional was their TEMPORARY NATURE which means citizen rights are not infringed.
Lastly, in Brittania-U v Seplat the Supreme Court brought any ambiguities to an end by stating for the umpteenth time:
With each passing day I drift further away from actualising a long held passion of teaching law. How can I teach what I do not know? As I said, all of these is new learning for me, but I do not wish to learn. Not because I don't like to learn but because there's nothing to learn.

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More from @OrjiUka

8 Apr
On Tuesday 8 August 2000 the then Senate President (my personal fav) the Late Dr Chuba Wilberforce Okadigbo was removed from office on allegations of corruption/misuse of public funds. That same day I first learnt of the extraordinary exchange between him and Dr Nnamdi Azikiwe.
We all remember Dr Nnamdi Azikiwe (Zik) as the 1st indigenous Governor General of Nigeria & the 1st President, who was removed from office in the infamous coup of January 1966. What is less known in this history deprived era is that Zik subsequently tried in vain to be President.
At the end of the 2nd Republic Presidential elections in 1983 which was contested by Shehu Shagari (NPN), Awolowo(UPN), Zik(NPP), Aminu Kano(PRP), Ibrahim Waziri(GNPP) and Tunji Braithwaite(NAP), the FEDECO Chairman, Ovie Whiskey announced Shagari as the winner of the election.
Read 20 tweets
7 Nov 20
A Senior Advocate of Nigeria who knows, or reasonably ought to know, that ex parte orders have limited life span, typically 7-14 days, asked a court to make an order freezing the accounts of Nigerian citizens for 120 days! And a judge who is deemed to know better granted 90 days!
Apologies, the learned Silk actually asked for the accounts to be frozen for 180 days!
Yesterday I was talking about how Nigeria's political class learns something, from say the UK, only to turn it into something unrecognisable, typically an instrument of subjugation. And this applies is virtually all aspects of our daily lives. One of such is the rank of SAN.
Read 15 tweets
15 Oct 20
THERE IS STILL HOPE FOR NIGERIA AFTER ALL: THE #ENDSARS PROTESTS AND WHAT IT (PERSONALLY) MEANS TO ME.

A TRUE LIFE STORY THAT I HOPE SOME CAN RELATE WITH. AS I TYPE THIS ALL THE EMOTIONS OF THE PAST 24 MONTHS ARE COMING BACK.

A THREAD!
On 24 January 2020 while aboard the Emirates Airways Flight EK30 from London Heathrow Airport to Dubai, United Arab Emirates from where I was to take a connecting flight to Lagos, I found myself lost in thought, which was predominantly one of melancholy.
What was the source of my mood? The feeling or realisation that I might have failed. I had just graduated from King's College London where I bagged a Master's Degree in International Business Law and I was returning to my home country.
Read 24 tweets
30 Sep 20
Anyone [lawyer or otherwise] who is interested in International Investment Law or International Economic Law or generally interested in that aspect of economic development can check out the following sources of free materials.
For comprehensive information or materials look no further than the Website of The United Nations Conference on Trade and Development (UNCTAD). They have up to date information on investment policies, Bilateral and Multilateral investment agreements etc.
investmentpolicy.unctad.org
If you have heard of the much talked about World Investment Report which is published annually and wondering how to get a copy and more, then that UNCTAD Investment Policy is the place.
Just browsing through the materials on this Website can take 24 hours 😁
Read 6 tweets
29 Sep 20
The accuracy in this tweet has given me an opportunity to discuss something I have been forgetting to. We from the South always find it convenient to blame the North of having a "born to rule" mentality. Assuming that's true, a fair share of the blame belongs to us.
From my study of the political system in Nigeria I can say confidently, and proceed to demonstrate, that apart from President Buhari who appears to have the mentality of "what will you do?" Northern political leaders have simply been more strategic than the Southerners.
I will use just one example to drive home this point. While one example should not constitute sufficient sample size, when something happens consistently for 30 years, you should be able to rely on it as authoritative. What's that? The appointment of the Chief Justice of Nigeria.
Read 12 tweets
28 Sep 20
In light of the judgment of the FCT High Court reportedly awarding the sum of N50 million as damages to Osimibibra Warmate against Senator Elisha Abboz who the Senator was caught on tape assaulting, it is time to revisit this tweet especially the part about "no justice".
I expect all Legal System lectures in Nigerian Universities to use this incident to illustrate to their students the stark difference between the two pillars of the Nigerian adjectival law - criminal procedure system and the civil justice system. If only they update their notes.
It is not all the time Donoghue v Stevenson; UAC Foods v MacFoy; Smith v Selwyn; Acraman v Maurice; Madukolu v Nkemdilim; or even Idundun v Okumagba. Some, if not most, times contemporary cases serve as the best illustrations.
Read 18 tweets

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