Justice Ambros Lewis-Allagoa of the Federal High Court in Lagos has annulled the ex parte injunction previously issued against the Nigeria Customs Service (NCS), Fht Mega Express Limited, and three other parties, citing misuse of judicial procedures.
On September 23, 2025, the court initially granted the ex parte injunction following an application submitted by Austin Divine, legal counsel representing Parallex Bank Limited, the plaintiff in the case.
The legal action, registered as FHC/L/CS/1774/25, also involves Ports & Terminal Multiservices Limited, Grimaldi Agency Nigeria Limited, and Nestle Nigeria Plc as defendants.
In his ruling, Justice Lewis-Allagoa declared: “This Honourable Court hereby issues an interim injunction directing all involved parties to preserve the current state of affairs concerning the subject matter of this litigation, specifically regarding the following container numbers: GCNU4730910, GCNU4714800, ACLU9766660, TLLU1299741, TLLU1298811, GCNU5601687, GCNU5602106, GCNU5600417, GCNU1334833, ACLU9698530, GCNU5601990, ACLU9688146, GCNU4768140, ACLU9732613, ACLU9788886, GCNU4797847, GCNU4753746.
“This order extends to any other containers, consignments, machinery, equipment, or goods imported by the first defendant under letters of credit issued by the plaintiff, currently held within the premises of the third defendant or wherever these assets may be located, pending the resolution of the pending motion on notice in this suit.”
“Furthermore, the court prohibits any party from tampering with, disposing of, or otherwise handling the goods or containers listed above, or any related assets imported by the first defendant under the plaintiff’s letters of credit, until the motion on notice is fully heard and determined.”
“Additionally, the court restrains the first defendant from withdrawing, transferring, or dissipating funds amounting to N4.5 billion held in any Nigerian financial institution, representing the outstanding debt owed to the plaintiff as of July 26, 2025, until the motion on notice is resolved.”
Nevertheless, FHT Mega Express Limited, through its senior counsel Chukwudi Adiukwu (SAN), petitioned the court to revoke the injunctions, arguing that Parallex Bank deliberately withheld crucial information to secure the order, thereby misusing the judicial process.
