Lawyers Wants NJC to Put an End to Frivolous Court Injunctions

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Lawyers Wants NJC to Put an End to Frivolous Court Injunctions

By Correspondent

Lawyers in Lagos State have insisted that granting of what they termed frivolous injunctions by courts across the country, is an attitude which frustrates the true dispensation of justice. They specifically argued that some of their colleagues get unnecessary injunctions in pending cases, and this brings about delay and truncation of justice. Unsatisfied with this situation, the lawyers see the development as an ugly one that requires the immediate attention of those in charge. For instance, a lawyer, Emenike Nnoromele, reiterated that when courts grant such frivolous applications, it results in delay of administration of justice. Alluding to a quote by Martin Luther King Jnr, Nnoromele further explained that law and order exist for the purpose of establishing justice and when they fall short of this purpose, they become a barrier to the flow of social progress. According to Nnoromele, the expression applies to the Nigerian context because our justice system is being hampered by the indiscriminate grant of injunctions by the courts. He noted that most of these injunctions arise from a concealment of facts by litigants and their counsel, and this has clearly resulted in the delay of justice delivery. He further cited the case ofHoneywell Flour Mills PLC Vs Ecobank as an example. According to him, “A good example is the celebrated case of Honeywell Flour Mills PLC Vs Ecobank. “In that case, Ecobank had approached a judge of the Federal High Court, with an exparte application and consequently, obtained an injunctive order against Honeywell. “Now, the grant of this order was in respect of a matter before another judge of the same court and the lawyer only brought the application before the court that granted the order, because it failed to obtain same from a previous court. “The bone of contention was simply in relation to a settlement of an outstanding liability in which parties had agreed that Honeywell paid the sum of N3.5 billion as full settlement of a loan sum. “If parties have agreed on an issue outside the corridors of the court, why then should it become a subject of litigation for which injunctive reliefs are sought. “In my view, this is an action which attracts a sanction in other jurisdictions where decency is upheld in the judiciary.” On his part, constitutional lawyer, Anthony Makolo, insisted that the grant of such frivolous prayers remain unethical to the legal profession. He explained that an injunction is an equitable remedy and it can only be granted in support of a right known to law and equity. He regretted that some lawyers and even the courts have abused the purpose of these reliefs. Makolo consequently charged both lawyers and litigants to protect the legal profession from insults and help preserve its integrity. He added that the law must always be allowed to take its due course. Also, human rights crusader, Paul Kenechukwu, insisted, that the situation was more peculiar to lawyers who engaged in forum shopping. He noted that these lawyers go an extra length to ensure that their cases are filed before particular courts, while the grant of injunctive reliefs is no longer seen as something vital and deserving, but as one that could be obtained at any time and cost. The human rights lawyer consequently called on the National Judicial Council (NJC), to come up with measures to put the practice to an end. 

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