Amaechi v. Independent National Electoral Commission & Ors (2008) LPELR-446 where the Supreme Court per Musdapher, J.S.C. held that: “It is the law even where a person has not specifically asked for a relief from a Court, the Court has the power to grant such a relief as a consequential relief. A consequential order must be one made giving effect to the judgment which it follows. It is not an order made subsequent to a judgment or contains matters. It is settled law that Court can order an injunction even if it is not specifically claimed but appears incidentally necessary to protect the established right.”
WHAT IS A CONSEQUENTIAL ORDER
And I start by asking myself what a consequential order really means. It is, in my view, an order which flows necessarily, naturally, directly and consequentially from a decision or judgment delivered by a court in a cause or matter. It arises logically and inevitably by reason of the fact that the order in question is per force obviously and patently consequent upon the decision given by the court and did not need to be specifically claimed as a distinct or separate head or item of relief. 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 the subject matter of a formal executory judgment or order against either side to the dispute. 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. – Iguh JSC. Awoniyi v. AMORC (2000)