Ex Parte Orders: Suspects Using Courts to Halt Investigations

The Rise of Ex Parte Orders in Kano State

In Kano State, a quiet but powerful legal instrument has become the shield of choice for suspects seeking refuge from the long arm of the law. Exclusive findings reveal that investigations by security agencies, spanning drug trafficking, terrorism and even burglary, have been stalled by a flood of ex parte orders issued by courts.

These orders, granted without hearing from the opposing party, have rendered agencies powerless and raised troubling questions about the balance between protecting rights and enabling impunity.

Between January and June 2025, one security agency alone in the state received more than 300 ex parte orders. Each order restrained officers from arresting or investigating suspects until motions on notice were heard.

While the orders are meant to be temporary, their sheer volume has slowed down both high-profile and low-profile cases, leaving investigators frustrated and citizens bewildered.

A Historical Trend

Legal historians note that the misuse of ex parte orders gained momentum in the early 2000s when politicians and businessmen began to exploit them to evade arrest. Over time, the practice trickled down to criminal suspects, creating a culture where securing an interim order is seen as a first line of defence against investigation.

One case that epitomises this trend is that of Suleiman Aminu Danwawu, a suspected drug baron, whose name has become synonymous with the abuse of judicial loopholes.

Arrested on allegations of international drug peddling and terrorism, Danwawu was released on bail in July 2025 after fulfilling stringent conditions. His surety was none other than the then transport commissioner in the state, Ibrahim Namadi.

Following public outrage, Namadi sought to withdraw his bail bond, but Danwawu remains at large. Despite being a fugitive, he secured an ex parte order restraining security agencies from investigating him further, an order obtained through the efforts of seven lawyers in a Kano court.

Frustration Among Security Agencies

Security agencies in Kano argue that their work has been crippled. Officers complain that suspects now rush to court at the slightest hint of investigation, armed with lawyers ready to secure interim protection. ‘We have a watch list of suspects we cannot touch. Every time we move, an order comes from the court. It is frustrating,’ one senior officer admitted.

The agencies insist that while they respect constitutional rights, the abuse of ex parte orders undermines national security. ‘When terrorism suspects secure orders, it is no longer about liberty; it is about endangering the country,’ another officer said.

The Human Cost: Retired Professor’s Ordeal

Beyond high-profile suspects, ordinary citizens have also felt the sting of stalled justice. A Professor, who recently retired from Bayero University, Kano, recounted her ordeal after burglars carted away valuables from her home. Despite clear evidence, including a suspect’s confession and partial repayment, an ex parte order abruptly halted the investigation.

The professor, who preferred to remain anonymous, said all her career life savings went to gold savings that were eventually carted away by a burglary, but the prime suspect, whom she said had already confessed and returned part of it, has now become untouchable, courtesy of the court’s ex parte order.

‘I feel the whole system is sick. How can somebody you know is a criminal go and take an order from the court that he should not be touched? If you know you are clean, why should you go to court to ask for protection? This is betrayal,’ she lamented.

Her frustration reflects a broader sentiment among citizens who see the judiciary as inadvertently empowering criminals.

‘If someone of my social status can face this, imagine what ordinary Nigerians go through. They don’t know their rights, they don’t know their way out. It will affect them worse than me. We are in darkness. Our future is not starting. Those yet unborn will inherit a system where criminals hide under the shade of the judiciary,’ the don lamented in frustration.

The Kano Judiciary Defends Its Actions

The Kano State judiciary, however, insists that the problem lies not with the courts but security agencies. The spokesperson of the judiciary in the state, Baba Jibo Ibrahim, explained that ex parte orders are constitutional safeguards, not permanent shields.

‘Presumption of innocence is a constitutional right. Ex parte orders are temporary, not perpetual. If a suspect secures one, it is up to the prosecuting body to apply for it to be set aside. But most agencies surrender whenever they are presented with it. The judge is blind; he only knows what is presented before him,’ the said.

Ibrahim dismissed allegation of corruption among judges as ‘mere allegation,’ noting that courts frequently vacate such orders after hearing both sides.

‘The law allows individuals to seek protection when their liberty is threatened. It is not the fault of the court if agencies fail to challenge the orders,’ Ibrahim added.

A Pattern of Cases in Kano

Court records show a disturbing pattern as ex parte order halted investigations despite clear evidence. In Sulaiman Aminu vs DSS (Case No. K/M199/26) an ex parte order stalled investigation. Similarly, in Sulaiman Muhammad Bello vs DSS (Case No. K/M242/2026), suspects secured orders that restrained agencies from pursuing them. In Abdurrauf Howeidy vs Asumi General Merchant Ltd and DSS (Case No. K/M104/2026), the same outcome occurred.

In Auwal Muhammad Suleiman vs Professor Talatu Muhammad Barwa and SSS (Case No. K/M109/2026), same thing happened. Each case underscores how suspects, whether accused of burglary or terrorism, have found refuge in interim orders, leaving victims and investigators in limbo.