NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G. Elias
This legal privilege continues to subsist after employment. There is a distinction between external and in- house counsel under Nigerian law. In-house counsel cannot: • appear in court for their employer except where they are employed by the government; or • sign pleadings, instruments, agreements, legal opinions, or file the same for their employer. In-house counsel typically liaises with external counsel, who will represent their employers in court. 5.6 Rules Disallowing Disclosure of a Document See 5.3 Discovery in This Jurisdiction . 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief The types of injunctions available include inter- im, interlocutory, mandatory, Mareva, Anton Piller, and perpetual injunctions. Interim and Interlocutory Injunctions Interim and interlocutory injunctions are granted to preserve the subject matter of the suit or to prevent serious or irreparable damage. While interim injunctions are made ex parte on an urgent basis pending the hearing and deter- mination of a motion on notice for order(s) of interlocutory injunction, orders of interlocutory injunction are made on notice pending the hear- ing and determination of the substantive suit. Interim and interlocutory injunctions are granted where:
• a legal right or interest is to be protected; • there are serious triable issues; • the balance of convenience is in favour of the applicant; • damages are not an adequate remedy; • the applicant gives an undertaking as to dam- ages; and • the applicant is not guilty of reprehensible conduct. Orders freezing assets or preventing parallel proceedings may be granted through interim or Mandatory injunctions are granted to compel a party to take a specific action and where dam- ages will not be an adequate remedy. Mandatory injunctions are also granted to undo an act that has already been committed to overreach the applicant and the court. Mareva Injunctions Mareva injunctions are granted to restrain a party from removing assets from the jurisdiction of the court, which might otherwise have been available to satisfy a judgment. Before granting a Mareva injunction, the court must be satisfied that: • the applicant has a good and arguable case; • the assets of the defendant are within the jurisdiction; and • there is a risk of the assets being dissipated or removed before judgment. Anton Piller Injunctions Anton Piller injunctions are granted to prevent a party from destroying or removing evidence not least in trade mark cases. The applicant must show a real risk of destruction or removal of evi- dence before the granting of such an injunction. interlocutory motions. Mandatory Injunctions
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