Some lawyers in Lagos have described the grant of frivolous injunctions by courts as a practice which clogs the wheels of justice. The lawyers said that the ploy by some lawyers in seeking 'backyard' injunctions where matters are pending in court, constituted a bane on the dispensation of justice.
They described the situation as 'an ugly trend' adding that it called for serious redress.
A lawyer and social critc, Mr Emenike Nnoromele, said that the grant of frivolous applications by some courts have contributed to slowing down the pace of administration of justice in Nigeria.
"In the words of Martin Luther King Jnr. Law and order exist for the purpose of establishing justice and when they fail short of this purpose, they become a barrier to the flow of social progress.
"This assertion cannot be far from the truth prevalent in Nigeria today; The processes of obtaining justice have been obstructed largely through the indiscriminate grant of injunctions by courts.
"Most of these injunctions arises from a concealment of facts by litigants and their counsel, and this has clearly aided in the delay of justice delivery," he said
Citing a plethora of cases, Nnoromele expressed worry over the attitude of lawyers who seek such avenues to conduct their cases in court.
"A good example is the celebrated case of Honeywell Flour Mills Plc Vs Ecobank.
"In that case, Ecobank had approached a judge of the Federal High Court, with an exparte application and consequently, obtained an injunctive order against Honeywell.
"Now, the grant of this order was in respect of a matter before another judge of the same court and the lawyer only brought the application before the court that granted the order, because it failed to obtain same from a previous court.
"The bone of contention was simply in relation to a settlement of an outstanding liability in which parties had agreed that Honeywell paid the sum of N3.5 billion as full settlement of a loan sum.
"If parties have agreed on an issue outside the corridors of the court, why then should it become a subject of litigation for which injuctive reliefs are sought.
"In my view this is an action which attracts a sanction in other jurisdictions where decency is upheld in the judiciary," he said
In the same vain, a constitutional lawyer, Mr Anthony Makolo described the grant of frivolous reliefs as unethical to the legal profession.
"An injunction is an equitable remedy and it can only be granted in support of a right known to law and equity.
"it is however, sad that some lawyers and even the courts, have abused the purpose of these reliefs," he said
According to Makolo, only deserving cases attracts a grant of an injunctive order.
"Developed countries have reformed their justice systems to stimulate economic growth by ensuring speedy conclusion of trials and a careful consideration of facts before granting injunctions.
"This is an urgent call for a revamping of the Nigerian justice system so as not to send wrong signals to investors in Nigeria and abroad,' he said
He, therefore, urged lawyers and litigants to shield the legal profession from insults and help preserve it integrity, adding that the law must always be allowed to take its due course.
In his view, another lawyer and rights activist, Mr Paul Kenechukwu said that the situation was more peculiar to lawyers who engaged in 'forum shopping'
He said that these lawyers even go and extra length to ensure that their cases are filed before particular courts.
"I am glad a topic like this has called for discourse because am particularly pained by the situation.
"The grant of injunctive reliefs is no longer seen as something vital and deserving, but as one that could be obtained at anytime and cost.
"The attitude of lawyers who engage in forum shopping just to get an avenue favourable to their cases, is one that I think now calls for an urgent redress," he said
Kenechukwu therefore, urged the National Judicial Council, to put in place measures to check the practice of forum shopping.
They described the situation as 'an ugly trend' adding that it called for serious redress.
A lawyer and social critc, Mr Emenike Nnoromele, said that the grant of frivolous applications by some courts have contributed to slowing down the pace of administration of justice in Nigeria.
"In the words of Martin Luther King Jnr. Law and order exist for the purpose of establishing justice and when they fail short of this purpose, they become a barrier to the flow of social progress.
"This assertion cannot be far from the truth prevalent in Nigeria today; The processes of obtaining justice have been obstructed largely through the indiscriminate grant of injunctions by courts.
"Most of these injunctions arises from a concealment of facts by litigants and their counsel, and this has clearly aided in the delay of justice delivery," he said
Citing a plethora of cases, Nnoromele expressed worry over the attitude of lawyers who seek such avenues to conduct their cases in court.
"A good example is the celebrated case of Honeywell Flour Mills Plc Vs Ecobank.
"In that case, Ecobank had approached a judge of the Federal High Court, with an exparte application and consequently, obtained an injunctive order against Honeywell.
"Now, the grant of this order was in respect of a matter before another judge of the same court and the lawyer only brought the application before the court that granted the order, because it failed to obtain same from a previous court.
"The bone of contention was simply in relation to a settlement of an outstanding liability in which parties had agreed that Honeywell paid the sum of N3.5 billion as full settlement of a loan sum.
"If parties have agreed on an issue outside the corridors of the court, why then should it become a subject of litigation for which injuctive reliefs are sought.
"In my view this is an action which attracts a sanction in other jurisdictions where decency is upheld in the judiciary," he said
In the same vain, a constitutional lawyer, Mr Anthony Makolo described the grant of frivolous reliefs as unethical to the legal profession.
"An injunction is an equitable remedy and it can only be granted in support of a right known to law and equity.
"it is however, sad that some lawyers and even the courts, have abused the purpose of these reliefs," he said
According to Makolo, only deserving cases attracts a grant of an injunctive order.
"Developed countries have reformed their justice systems to stimulate economic growth by ensuring speedy conclusion of trials and a careful consideration of facts before granting injunctions.
"This is an urgent call for a revamping of the Nigerian justice system so as not to send wrong signals to investors in Nigeria and abroad,' he said
He, therefore, urged lawyers and litigants to shield the legal profession from insults and help preserve it integrity, adding that the law must always be allowed to take its due course.
In his view, another lawyer and rights activist, Mr Paul Kenechukwu said that the situation was more peculiar to lawyers who engaged in 'forum shopping'
He said that these lawyers even go and extra length to ensure that their cases are filed before particular courts.
"I am glad a topic like this has called for discourse because am particularly pained by the situation.
"The grant of injunctive reliefs is no longer seen as something vital and deserving, but as one that could be obtained at anytime and cost.
"The attitude of lawyers who engage in forum shopping just to get an avenue favourable to their cases, is one that I think now calls for an urgent redress," he said
Kenechukwu therefore, urged the National Judicial Council, to put in place measures to check the practice of forum shopping.
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