Now, it must be acknowledged and emphasized that the said freezing order made on 29/11/2010 was made ex-parte. Implicit in that is the law that exparte orders are by their very nature not intended or meant to last forever, but to have a short life span, usually for 7 or 14 days depending on the Rule of Court unless renewed, or pending the hearing of a motion on notice. The reason for this is not far fetched. Being orders made behind the other Party, and usually for exigencies to maintain the status quo, ex-parte orders cannot have a long life span and indeed automatically die after the 14 days by Order 26 Rule 12 (1) of the F. H. C. (Civil Procedure) Rules, 2009 , or until the motion on notice is heard. This position was succinctly stated in the case of Enekwe Vs Ima Ltd (1997) 10 NWLR (Pt. 526) 60I at 611. When the Court held:- By their nature, injunction, orders granted ex parte can only be properly interim in nature. They are made without notice to the other side to keep matters in status quo to a named date, usually not more than a few days or until the Respondent can be put on notice. It is therefore wrong to make an ex-parte without fixing a date of hearing of the motion on Notice.” An ex-parte order which invariably affects a party who is absent at the proceedings in the Court when the order is made, must necessarily have a very short life span otherwise the order would come in conflict with the right of fair hearing enshrined in Section 36 (1) of the Constitution, FRN, 1999 (as amended) . They must therefore be made to last until a given date, not more than a few days. Isyaku vs. Master (2003) 5 NWLR (Pt.814) 443, Such an ex-parte order shall not be allowed by the Court of justice and equity to, last indefinitely, Goddy Okeke & Ors Vs. Chief Michael Ozo Okoli & Ors (2000) 1 NWLR (pt. 642) 641 per Fabiyi JCA, (as he then was). Surely, the ex-parte order runs its course to the date named in the order, usually not more than 14 days in the case of the Federal High Court, or until the motion on notice is heard. Where a motion on notice is not filed or moved, at the expiry of the exparte order, the said order without the need for an application to set it aside, becomes ineffectual. Whether or not a date is named for the life span of an ex-parte order or for the hearing of the motion on notice, the life of an ex-parte order comes to an end at the expiry of 14 days provided by Order 26 Rule 12(1) of the Rules of the Federal High Court , unless life is again breathed into it to resuscitate it by an extension or a renewal of the order by the Court. Where none of these is done or the cause for its issuance is abandoned or spent, the exparte order, without a formal application for its discharge, becomes discharged and ineffectual.
— A.A. Wambai, JCA. Skye Bank v. Haruna & Ors. (CA/K/264/2011, 17th December, 2014)