Federal High Court nullifies November 21 proceedings, Justice Faji recuses himself
The Federal High Court in Lagos has annulled all proceedings and orders made on November 21, 2025, in the suit between Collins Onyeweama and another against Techno Oil Limited and others, citing a breach of the respondents’ right to fair hearing.
Justice Ayokunle Faji, who also recused himself from the case, ruled that the interim orders granted on November 21 were obtained by suppressing material facts.
The ruling arose from a motion ex parte filed by the petitioners, seeking global Mareva injunctions against the third and fourth respondents over suspicions that the first respondent’s assets were being moved. The application was filed without notice to the respondents or their lawyers, even though all parties were already represented.
Aggrieved by the orders, counsel to the respondents filed separate motions to set aside the November 21 orders, arguing a breach of fair hearing and lack of jurisdiction.
Senior lawyers representing the respondents included Prof. Kemi Pinheiro (SAN), Chukwudi Enebeli (SAN), Ogbonna Chukwumerije, Kazeem Afolabi, and Nnaemeka Amaechina. For the interveners, Oluwole Afolabi (SAN), O.F. Fatomi, and Ifeanyi Ekopo (holding the brief of Tochukwu Maduka, SAN) appeared.
Justice Faji agreed with the respondents’ submissions, noting that the petitioners suppressed material facts in securing the ex parte orders. The court observed that Exhibit 25, which formed the basis of the petitioners’ application, had already been attached to a motion filed two months earlier. During the Mareva hearing, petitioners’ counsel, Ade Adedeji (SAN) and Bidemi Ademola-Bello (SAN), claimed the facts were newly discovered.
The court held that had it been aware of the earlier filing, the ex parte orders would not have been granted. Consequently, the November 21 proceedings and all associated orders were nullified for violating the respondents’ constitutional right to fair hearing.
To uphold judicial integrity and public confidence, Justice Faji recused himself from further handling of the case. He explained that the relevant test was how a reasonable and informed observer would view the circumstances surrounding the breach.
The court ordered that the case file be sent to the Chief Judge of the Federal High Court for reassignment to another judge in the Lagos Division.
