Excess Of Injunction In Nigeria Judicial System

EXCESS OF INJUNCTION IN NIGERIA JUDICIAL SYSTEM

ABSTRACT

Injunction serves as an order of equitable nature restraining the person to whom it is directed from performing a specified act or in certain exceptional circumstances cases requiring him to perform a specified act.  Injunctions are judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. In the former case it is called a restrictive and prohibitory injunction and in the latter a mandatory or positive injunction. This work examines the basis and nature of injunction, the first is the exercise of the granting of injunction to prevent an impending or a threatened breach of a legal or equitable right. The second basis for the granting of injunction is the prevention of the defendants from infringing or breaching the legal or equitable right of the plaintiff but rather a need to prevent the defendant from acting in a manner which is unconscionable and contrary to equitable principles. The court grants injunction on the second basis on the ground that it is just and convenient to do so. Also, the work further examines the various types of injunction applicable in the Nigerian judicial system. The work further examines the need for the Nigerian court to grant injunctions in matters of extreme urgency and the power of the court in granting injunction. It also considers the procedure by which the Nigerian courts grant the application of any type of injunction as well as the grounds that are sine qua non before the application of injunction is granted by the Nigerian courts. Finally, the work is concluded with a succinct summary and recommendation.  Nigeria Judicial System

CHAPTER ONE

GENERAL INTRODUCTION

 1.1    Introduction

This essay will critically examine injunctive remedies in justice administration in Nigeria. The purpose is to assess the usefulness of the remedy in justice administration in Nigeria. The project will review the significance of injunctive remedies with a focus on the scope and classification of injunction, types of injunctions, and the required conditions for the grant of injunction. 

1.2    Background to the Study

Despite the significant contribution of injunctive remedies to justice administration in Nigeria, there are allegations of abuse in the application of the remedy by the Nigerian courts. Therefore, this thesis seek to review cases where injunctions have been granted as well as denied by the Nigerian courts, with a view to determining the relevance of the remedy in the administration of justice in Nigeria.

Injunction is an equitable remedy, it is granted at the discretion of the court as a compelling or a restraining order which may be interim, interlocutory or perpetual. Injunctions when awarded may affect the rights of other persons including third parties. As a result, the courts have developed some rules that a party seeking the order of injunction must fulfill before the court may consider the grant of injunction. This is with a view to monitoring the adverse effects of the order on the defendant or a third party whose right may be affected by the order.

The remedy of injunction was only available to parties in the court of Chancery in England before the judicature Act 1873-1875[1] . However, in Nigeria, the remedy became part of the legal system as part of the received English laws introduced into Nigeria as a consequence of Nigeria’s Colonization by the British.

1.3   Statement of Problem

The remedies of injunctions have indeed played a vital role in the administration of justice in Nigeria. But despite this pivotal importance of these equitable remedies, this research has discovered that they are granted without following the laid down principles and procedures by some judges.

In the same vein, series of instances have shown that some counsel who failed to obtain an order of injunction rushed to another court and filed a similar suit with a similar application for injunction without discontinuing the previous suit filed by them. While adequate punitive measures like retirement and dismissal are prescribed for judges who issued orders of injunction indiscriminately and without following the laid down procedures; this research has discovered there are no corresponding punishment for counsel and litigants who violate order of injunctions. Also, worrisome is the malicious disobedience of court orders by the executive arm of government hiding under the cover of their constitutional immunity.

 1.4   Research Question

In view of the importance of injunctive remedies, this thesis seeks to address two questions:

1. Whether injunctions have been a useful part of the justice administration in Nigeria?
2. Whether the conditions required for the grant of injunction have been adhere to by the Nigerian courts and the implication of the adherence or non-adherence in the Nigeria justice system?

 1.5   Aims of Research Work

No remedy is more important for advancing the cause of justice than the equitable remedy of injunctions. The aims and objectives of this research are to examine:

1. The general importance of the remedy of injunction in the administration of justice.
2. To examine the misuses of the injunctive remedies by litigants, counsels, judicial officers and executives, and proffer possible suggestions on how to curtail those abuses
3. Suggest appropriate punitive legal framework against the violators to preserve and strengthen the remedy.

 1.6   Research methodology

This research will be theory based. It will involve a study of relevant literature on the subject, both primary and secondary sources such as books, journals, and internet sources. It will also involve a review of relevant cases where the order has been awarded or denied in Nigeria.

1.7    Scope and Limitations of the Study

This research is intended at dealing purely on equitable remedies of injunction various classes and types of injunctions and what remedy each class of injunction accords the parties to a suit. At the end of the research, recommendations shall also be proffered to guide against abuses and enhance dignity and sanity in our judicial system

1.8 Significance of the Study

This study will be relevant in the following ways:

1. It will provide us with information on injunctive remedies in justice administration in Nigeria: An advantage or disadvantage
2. It will also add to the existing body of Nigeria administration system with respect to injunctive orders in justice administration in Nigeria

 [1] Aigbuloko, J. O. and Kalu, V. E.,Principles of Equity, (Benin: Ambik Press Publisher; 2006) before the        judicature Act, 1873 the equitable remedy of injunctions could only be obtained in the court of Chancery or the Court of Exchequer in equity. However, since the passing of the Judicature Act 1873-1875 fusing the administration of equity and the common law, courts now have jurisdiction to grant the order. Most High court Laws in Nigeria contains provisions for the administration of equitable remedies

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