Court Discharges Ex-parte Order Against Nigeria Customs, Others

Justice Ambros Lewis-Allagoa of the Federal High Court in Lagos has set aside the ex parte order against the Nigeria Customs Service (NCS), a company, Fht Mega Express Limited, and three others, for abusing the court process.

On September 23, 2025, the judge granted the ex Exparte orders after entertaining an application filed by Austin Divine, the lawyer for Parallex Bank Limited, the plaintiff.

The suit, numbered FHC/L/CS/1774/25, also names Ports & Terminal Multiservices Limited, Grimaldi Agency Nigeria Limited, and Nestle Nigeria Plc defendants.

Justice Lewis-Allagoa held 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 container 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 first 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 billion, five hundred million 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), had urged the court to set aside or discharge the orders because the applicant, Parallex Bank, had concealed material facts in obtaining the order, thereby abusing the court process.