Justice Ambros Lewis-Allagoa of a Federal High Court, today, set aside the Exparte order made against a company, Fht Mega Express Limited, Nigeria Customs Service (NCS) and three others, for being abuse of court process.
Others benefitted from the discharge order are: Ports & Terminal Multiservices Limited, Grimaldi Agency Nigeria Limite and Nestle Nigeria Plc, listed as third to fifth respondents in the suit numbered FHC/L/CS/1774/25 .
The judge had on September 23, 2025, made the Exparte orders, while granting the application filed by A. O. Divine, lawyer to the Plaintiff in the suit, Parallex Bank Limited.
In granting the Exparte motion, Justice Lewis-Allagoa held that: “That an Interim Order of this Honourable Court is granted directing the parties to maintain status quo over the subject matter of the suit herein, particularly over containers numbers . GCNU4730910, GCNU4714800, ACLU9766660, TLLU1299741, TLLU1298811, GCNU5601687, GCNU5602106, GCNU5600417, GCNU1334833, ACLU9698530, GCNU5601990, ACLU9688146, GCNU4768140, ACLU9732613, ACLU9788886, GCNU4797847, GCNU4753746, or any other container, consignments, goods, machines, equipment etc imported by the 1st Defendant via letters of credit obtained from the Plaintiffs herein {being the subject matter of the suit herein}, Currently within the premises of the 3rd Defendant herein or wherever the sax assets/containers may be found, pending the hearing and final determination of the motion on notice filed in the suit herein.
“That an Interim Order of this Honourable Court is granted directing the parties herein not to tamper with, dissipate, or in whatsoever manner deal with the goods/containers with numbers GCNU4730910, GCNU4714800, ACLU9766660, TLLU1299741, TLLU129881, GCNU5601687, GCNUS602106, GCNU5600417, GCNU1334833, ACLU9698530, GCNU5601990, ACLU9688146, GCNU4768140, ACLU9732613, ACLU9788886, GCNU4797847, GCNU4753746, or any other container, consignments, goods, machines, equipment etc imported by the 1st Defendant via letters of credit obtained from the Plaintiffs herein {same being the subject matter of the suit herein}, currently within the premises of the 3rd Defendant herein or wherever the said assets/containers may be found, pending the hearing and final determination of the motion on notice filed in the suit herein.
“That an Interim Order of this Honourable Court is granted restraining the 1st defendant/respondent from withdrawing, tampering with or otherwise dissipate the funds in its accounts in any financial institution within Nigeria in the sum of N4, 500, 000,000.00 (Four Billion, Five Hundred Million Naira} being the outstanding Indebtedness
of the 1st Defendant to the Plaintiff herein as at 26th July, 2025, pending the determination of the motion on notice filed in the suit herein.”
However, FHT Mega Express Limited, through its lawyer, Chukwudi Adiukwu (SAN) urging the court to set aside or discharge the orders on the ground that the applicant, Parallex Bank, concealed material facts in obtaining the order being an abuse of court process.
Specifically, the company asked for the followings: “an order setting aside in its entirety the Ex Parte Orders of Injunction made by this Honourable Court on the 234 day of September 2025 in favour of the Plaintiff/ Respondent.
“An order discharging the said ex parte Orders for having been obtained by concealment of material facts, misrepresentation, and deliberate suppression of facts which, if disclosed, would have prevented this Honourable Court from granting same.”
The applicant, Parallex Bank Limited, through its lawyer, Divine vehemently opposed the motion to discharge the Exparte motion,
However, Justice Lewis-Allagoa, after reading through all the processes filed by the parties, upheld the argument canvassed by the company’s counsel, and equally acceeded to the company’s request by discharging the Exparte order made on September 23, 2025.
Meanwhile, the judge has adjourned to October 30, 2025, for hearing of respondents’ preliminary objection to the applicant’s interlocutory motion and application to join some defendants to the suit.
