“Therefore, I do not see how the ex-parte order granted by the lower Court violated Appellant’s right to fair hearing because the order was in the nature of a preservatory order. The order is in my view in the interest of both parties. This is because it will prevent dealing with the properties in such a way that could render the final Judgment of the Court nugatory. The order therefore operates until the determination of the civil rights and obligations of the parties with regard to the properties under consideration, see the case of: NWUDE VS. CHAIRMAN EFCC (2005) ALL FWLR (PT. 276) PAGE 740.”
“Not only am I in total agreement with those decisions, I again agree with Mr. Oyedepo Rotimi for appellant that the procedure of interim ex-parte applications, generally, and particularly under Section 34 of the EFCC Act does not envisage or permit service of or joining the party likely to be affected by ex-parte before its grant, a position settled beyond dispute by the apex Court in 7UP Bottling Co Ltd v. Abiola & Sons Ltd (1995) 3 NWLR (PT 383) 257 @ 287.”