Techno Oil & Others: Court Voids Ex-Parte Orders, Sets Aside Proceedings Over Breach of Fair Hearing

The Federal High Court in Lagos has set aside the proceedings conducted on November 21, 2025, in Suit No: FHC/L/CS/812/2024 between Collins Onyeweama & Anor v. Techno Oil Limited & Ors, along with all orders made on that date, for constituting a flagrant breach of the respondents’ right to fair hearing.

In a ruling delivered on December 24, 2025, Justice Ayokunle Faji held that the interim orders granted on November 21 were obtained through the deliberate suppression of material facts and misrepresentation to the court by the petitioners and their counsel.

The ruling followed a motion ex parte filed by the petitioners, seeking global Mareva injunctions against the 3rd and 4th respondents on the alleged suspicion that the 1st respondent’s assets were being relocated.

The application was brought without any hearing notice to the respondents or their counsel, despite the fact that all parties to the suit were already duly represented by counsel.

Notably, the matter had last come up on November 7, 2025, when it was adjourned to December 11, 2025, for a report of settlement.

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

Professor Kemi Pinheiro, SAN, with Chukwudi Enebeli, SAN, Ogbonna Chukwumerije, Esq., and Kazeem Afolabi appeared for the 1st, 3rd, 5th, and 6th respondents, while Nnaemeka Amaechina announced appearance for the 2nd and 4th respondents.

Also, Oluwole Afolabi, SAN, and O.F. Fatomi appeared for the 1st, 3rd, and 7th parties seeking to be bound (interveners). Ifeanyi Ekopo, holding the brief of Tochukwu Maduka, SAN, appeared for the 4th, 5th, and 6th parties seeking to be bound.

In his ruling, Justice Faji agreed with the submissions of senior counsel representing the 1st, 3rd, 5th, and 6th respondents, as well as counsel to the 2nd and 4th respondents, that the petitioners suppressed material facts in securing the ex parte orders.

The court observed that Exhibit 25, which formed the foundation of the petitioners’ ex parte application, had earlier been annexed to a motion on notice filed about two months before the November 21 proceedings.

However, during the hearing of the Mareva application, petitioners’ counsel, Mr. Ade Adedeji, SAN, and Mr. Bidemi Ademola-Bello, SAN, represented to the court that the facts relied upon had only recently come to the petitioners’ knowledge.

Justice 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 nullified the proceedings and all orders made on November 21, 2025, for violating the respondents’ constitutional right to fair hearing.

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

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.