In Ideozu v. Ochoma (2006) 4 NWLR (Pt. 970) 364 at 395, at C-E Per Tobi, JSC held thus: “In Ajewole v. Adetimo (1996) 2 NWLR (Pt. 431) 391, this Court held that when a Court is asked to restrain a party from doing an act pending the decision in a matter before it, but the act has been done, no order to restrain will be made. This is so because, what is sought to be prevented had happened. In other words, an interlocutory injunction is not a remedy for an act, which has already been carried out.”
NATURE OF INJUNCTION – NATURE AND REQUIREMENTS FOR INTERIM INJUNCTION
At para. 2.10: In the case of Mr. Francis Temewei & Others V. Mr. Tom Benbai & Others (2015) LPELR-25131(CA), the Court of Appeal per Bada, J.C.A. held as follows on the conditions for the grant of an interlocutory injunction: “Black’s Law Dictionary 6th Edition page 714 defined “Injunction” as an order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. In Adenuga Vs Odunewu (2001) 2 NWLR Part 696 Page 184, the Supreme Court per Karibi-Whyte JSC defined “injunction” at Page 185 as follows: “an equitable order restraining the person to whom it is directed from doing things specified in the order or requiring in exceptional situations the performance of a specific act.” The preservation of the subject matter i. e. “res” in dispute or the maintenance of the “status quo” is achieved through the judicial process of the equitable order of injunction. And since injunction is an equitable remedy, it is usually granted at the discretion of the court which must be exercised judicially and judiciously. For the court to exercise its discretion in favour of an applicant, certain conditions must exist and this must be shown in the affidavit accompanying the motion on notice. The conditions for grant of interim and interlocutory injunctions are basically the same except for the element of urgency in interim injunction which is not pronounced in interlocutory injunction. The conditions include: a. Existence of a legal right; b. Substantial issue to be tried; c. Balance of convenience; d. Irreparable damage; or injury e. Conduct of the parties; f. Undertaking as to damages.”
— (Relied upon in FRN v ASUU (2022) – NICN/ABJ/270/2022)