By Vivian Okejeme

The Supreme Court has set aside a Court of Appeal order that froze the assets of major indigenous oil servicing firms, Neconde Energy Limited and Nestoil Limited, over an alleged $1.1 billion debt.
​The multi-billion dollar debt dispute involves a consortium of banks led by FBNQuest Merchant Bank Limited and First Trustees Limited.
​In a decisive judgment, a five-member panel of the apex court, led by Justice Stephen Adah, heavily criticized the lower court’s decision, describing the ex-parte freeze order as “unwarranted, uncalled for, frivolous, and vexatious.”
​The legal battle intensified on November 29, 2025, when the Court of Appeal issued an interim restorative injunction. That directive temporarily handed control of Nestoil’s operations and assets back to a Receiver Manager appointed by the creditor banks.
​Furthermore, the appellate court froze the assets of the oil companies, stayed further proceedings at the trial court, and halted operations pending the determination of the substantive suit.
​Seeking immediate relief, Neconde, Nestoil, and their prominent promoters—Dr. Ernest Azudialu-Obiejesi (OFR) and Mrs. Nnenna Azudialu-Obiejesi—appealed the sweeping restrictions at the Supreme Court.
​The apex court fully agreed with the legal arguments presented by Nestoil and Neconde, ruling that the Court of Appeal had overstepped its jurisdictional powers.
Justice Adah highlighted several fatal flaws in how the appellate court handled the matter.
The court ruled that official records revealed that the formal process of transmitting the appeal from the lower trial court had not even been completed when the Court of Appeal assumed jurisdiction.
The apex court re-emphasized a fundamental legal principle—the mere filing of a Notice of Appeal does not automatically serve as a stay of execution or proceedings.
The panel questioned the legal basis of the emergency order, noting that no exceptional circumstances or genuine urgency existed to warrant an ex-parte intervention without giving the oil firms a fair hearing.
​“An appellate court can only be seized of a matter when the appeal has been fully entered,” Justice Adah stated, clarifying that the lower court ruled on substantive matters prematurely during a mere interlocutory appeal.
​The Supreme Court used the judgment to issue a stern warning to the Nigerian judiciary regarding the rising tide of ex-parte injunctions, which are granted without putting the defending party on notice.
​Justice Adah noted that the abuse of ex-parte orders has become a major concern within the legal system.
He warned that higher courts must remain vigilant, circumspect, and discreet, cautioning that the appellate court must never make itself available for legal maneuvers that ultimately undermine the integrity of the judiciary.
​With this apex court ruling, full operational and financial control of the disputed assets has been restored to Neconde Energy, Nestoil, and their management.

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1 COMMENT

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