Abuse Of Court Process

A great challenge in the administration of justice in Nigeria today is the several cases of abuse of court process by some members of the bar and bench. The abuse of court process occurs in many ways. In Adesoji V. Futa (2017) 9 NWLR (Pt 1570) 208 At 221 PARAS C-D, 226 PARA C-G, the court described an abuse of court process as an improper use of judicial process by a party in litigation.
For instance when a litigant who is convinced that his actions have no basis in law but for malicious purpose goes ahead and files frivolous cases in court using the initiation of the legal action to frustrate the wheel of justice.
The basis of the rule on abuse of court process is the real possibility of two conflicting decisions in respect of one and the same subject matter. So it is desirable that issues common to both parties are heard and determined in only one court. In Donald V Saleh (2015) 2 NWLR (Pt 144) 529 At 568 PARAS G-H, the court held thus; “There is no hard and fast rule in determining the absence or presence of abuse of court process in any action rather the court is enjoined to examine each case predicated on its facts and circumstances, in order to ascertain if it exhibits an abuse of court process.
One of the ways, an abuse of court process can be said to have occurred is where there are appeals on the same judgement and against the same parties and also on the same subject matter. In Bukoye V. Adeyemo (2017)1 NWLR (Pt 1546) 173 At 191 PARAS F-G the court held that even though the constitution provides a right of appeal to any party aggrieved by a decision of a court, that does not give such an aggrieved party the right to abuse the process of the court when exercising such right of appeal. The court held that the practice of filing multiple appeals against one judgement is undesirable and ought to be discouraged by award of punitive cost against the lawyer involved personally.
By virtue of Section 6 (6) (a) of the 1999 constitution of the Federal Republic of Nigeria (As amended) the court possesses inherent powers to stop any abuse of its process. Where the court finds a case of an abuse of court process, the said process vacates. In Ladejo V. Ajimobi (2016) 10 NWLR (Pt 1519) 85 At 128 PARAS A-B, the court held that where a court comes to the conclusion that its process is being abused, the appropriate order to make is that of dismissal of the process.

Nkechi Bright-Ewere