Duty Of Police To Investigate Alibi (11)

What constitutes abuse of judicial process?

Abuse of judicial process involves circumstances and situations of infinite variety and conditions.

Its one common feature is the improper use of the judicial process by a party to interfere with due administration of justice or in litigation. It may occur in various ways. Such as instituting a multiplicity of action on the same matter between the same parties. It also occurs by instituting different actions between the same parties, simultaneously in different courts even though on different grounds where two similar processes are used in the exercise of the same right; for example a cross appeal and a respondent’s notice. [Ogoejeofo v. Ogoejeofo (2006) 3 NWLR (Pt. 966) 205; Agwasim v. Ojichie (2004) 10 NWLR (Pt. 882) 613 referred to.] (P. 123-124, paras. H-E)

On Duty on court to protect judicial process from abuse or being used as instrument of oppression –

The court has powered duty to protect the judicial process from abuse and prevent employment of the court’s process as an instrument of oppression.

Where counsel for different parties to a matter, due to overzealousness to comply with the dictates of their clients or cause sheer nuisance by the nature of the proceedings they foist on the court which are likely to bring them to ridicule, it behoves on the courts, particularly the latter one to which the proceedings in the same subject which were entertained in the first court was brought to exercise utmost caution.

In this connection, the court should school itself on the probability and naughtiness of abuse of process of court which some counsel sometimes in their eagerness to pursue their case lose sight of the possible consequence of causing disaffection that leads to ridicule and opprobrium of the court.

[N.I.M.B. Ltd. v. U.B.N. Ltd. (2004) 12 NWLR (Pt. 888) 599 referred to.] (Pp. 124-125, paras. E-A).

On need for issue for determination to be tied to a ground of appeal –

An issue for determination in an appeal must specifically or expressly be tied to a ground of appeal for it to be competent. (P.129,paras. C-D)

On Duty on court to consider all issues submitted to it for adjudication and effect of failure to do so –

A court has the duty to consider the issues submitted to it for adjudication. Where a court fails to consider and adjudicate on such issues, it is usually an error of law because the omission constitutes a denial to the party complaining of his right of fair hearing as contained in the Constitution. [Opuiyo v. Omoniwari (2007) 16 NWLR (Pt 1060) 415 referred to.] (P.125, paras. C-E)

On Duty on court to identify and decide issues in dispute between parties –

One of the duties of the court is to identify and decide issues in dispute between the parties in every claim before it. [Aboshim v. U gah (1993) 2 NWLR (Pt.278) 752 referred to.] (P. 135, paras. F-G).

On How application to court may be made –

By virtue of Order 39 rule 1, High Court of Lagos State (Civil Procedure) Rules, 2004, whereby the rules any application is authorised to be made to a Judge, such application shall be made by motion which may be supported by affidavit and shall state under what rule of Court or Law the application is brought. (Pp. 131 -1 32, paras. H-B)

On when High Court can adjudicate on judgment of  High Court of equal jurisdiction –

The condition under which a High Court can adjudicate on the judgment of High Court of equal jurisdiction principally are:

(a)  where the judgment is obtained by fraud;

(b)  where there is a serious procedural defect in the proceedings that led to the judgment; and

(c)  where on the face of the record, the proceedings that led to the judgment is a nullity.

[Okoye v. N.C. & F. Co. Ltd. (1991) 6 NWLR (Pt. 199) 501 referred to.] (P. 133, paras. A-C)

On Need for an end to litigation –

There must be an end to litigation. [Egwa v. Egwa (2007) 1 NWLR (Pt. 1014) 71 referred to.] (P. 133, para. G)

On Meaning of “judicious” -Judicious means:

(a) proceeding from or showing sound judgment;

(b) having or exercising sound judgment; and

(c) marked by discretion wisdom and good sense.

[Akaninwo v. Nsirim (2008) 9 NWLR (Pt.1093) 439 referred to.] (P. 134, paras. D-F)

On What amounts to “acting judiciously” imports –

Acting judiciously imports the consideration of the interest of both sides and weighing them in order to arrive at a just or fair decision. [Babatunde v. P.A.s. & T. A. Ltd. (2007) 13 NWLR (Pt.1050) 113 referred to.] (P.134,paras. B-D)

On Principle governing exercise of discretion –

Exercise of judicial discretion depends on the facts and circumstances of each case. Accordingly, the court cannot be bound by a previous decision to exercise its discretion in a particular way because that in effect will be putting an end to the discretion.

[Long-John v. Blakk (1998) 6 NWLR (Pt. 555) 524 referred to.] (P. 134, para. F)

On Need for court not to make findings that may prejudice substantive case in an interlocutory ruling –

A trial court must desist from making any findings in any interlocutory ruling which may prejudice the substantive case. [Hart v. T.S.K.J. (Nig.) Ltd. (1998) 12 NWLR (Pt. 578) 372 referred to.] (P.135, paras. E-F)

L-R: Chief Judge of Bauchi State, Justice Ibrahim Zango, Governor Isa Yuguda of Bauchi State, Chief Judge of Federal High Court, Justice Ibrahim Ndahi-Auta and Bauchi State Deputy Governor Alhaji Sagir Saleh, during the inauguration of Federal High Court Complex in Bauchi, recently. Photo: NAN