JUDGMENT AND ORDER – CONSEQUENTIAL ORDER – Nature and purpose of a consequential order


“It is a general principle of law that a consequential order is essentially one which would make the principal order effectual and effective. In other words, it is one which has a bearing with the main reliefs(s) claimed by a party. It is thus granted usually to give meaning and effect to the main relief(s) as such a consequential order can only relates to the matters adjudicated upon. See: Nyako vs Adamawa State House of Assembly (2016) 12 SC (Pt VII) 112; Oyeyemi & Ors vs Owoeye & Anor (2017) 12 NWLR 9pt 1580) 364. It must however be stated in very clear terms, that a Court should not see the power to make consequential order(s) as a blank cheque to go on an unended voyage of discovery to make orders that are in conflict with the reliefs. In Awoniyi v. Reg. Trustees of AMORC (2000) 10 NWLR (Pt 676) 522, this Court re-stated the purpose of a consequential order: “The purpose of a consequential order is to give effect to the decision or judgment of the Court but not by granting an entirely new, unclaimed and/or incongruous relief which was not contested by the parties at the trial and neither did it fall in alignment with the original reliefs claimed in the suit nor was it in the contemplation of the parties that such relief would be subject-matter of a formal executory judgment or order against either side to the dispute. It need not be claimed. A consequential order may also not be properly made to give to a party an entitlement to a relief he has not established in his favour. See also: Inakoju v. Adeleke (2007) 4 NWLR (Pt. 1025) 423; Dec Oil & Gas Ltd v. Shell Nig. Gas Ltd (209) LPELR-49347 SC; Liman v. Mohammed (1999) LPELR-1783 SC.” Per ABDU ABOKI, JSC in OKEKE v. UWAECHINA (2022-LCER-46525-SC) (Pp 18 – 19; Paras B – E)

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