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ALLEGATION OF ABUSE OF COURT PROCESS MUST BE PROVED

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My lords, an allegation of abuse of Court process is a serious allegation and must be established by the person so alleging with sufficient materials before the Court before which the allegation is made. The sufficient material need not be an affidavit if on the face of the processes filed, it is obvious that the party by his own showing is guilty of abusing the process of the Court. However, where such facts are not apparent on the face of the processes filed, then it is incumbent on the party so alleging to place before the Court, mostly by way of affidavit evidence, the material is sufficient enough to warrant the finding of an abuse of Court process, failing which such an objection must fail. For a suit to constitute an abuse of Court process, though the circumstances are varied and infinite, it must be shown in what way or manner it constituted an abuse of Court process by the party so alleging. It is not such an allegation that a party would make and then fold his hands to see how the other party wriggles out of it. The law is simple and very trite he who alleges must prove what be alleges.

— B.A. Georgewill, JCA. General Telephone v. Asset (2017) – CA/L/336/2015

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abuse of process

CONCEPT OF ABUSE OF COURT PROCESS AND CIRCUMSTANCES IN WHICH IT ARISES

The concept of abuse of court process relying on numerous decided authorities is imprecise. It involves circumstances and situation of infinite variety and conditions. But a common feature of it is the improper use of judicial process by a party in litigation to interfere with the due administration of justice. The circumstances which will give rise to abuse of court process include:- a) Instituting a multiplicity of actions on the same subject matter against the same opponent on the same issues on multiplicity of actions on the same matter between the same parties even where there exists a right to begin the action. b) Instituting different actions between the same parties simultaneously in different courts, even though on different grounds. c) Where two similar processes are used in respect of the exercise of the same right for example a cross-appeal and a respondent’s notice. d) Where an application for adjournment is sought by a party to an action to bring an application to court for leave to raise issues of fact already decided by the lower court. e) Where there is no law supporting a court process or where it is premised on frivolity or recklessness. f) Where a party has adopted the system of forum-shopping in the enforcement of a conceived right. g) It is an abuse of court process for an appellant to file an application at the trial court in respect of a matter which is already subject of an earlier application by the respondent at the Court of Appeal. When the appellants application has the effect of over reaching the respondents application. h) where two actions are commenced, the second asking for a relief which may have been obtained in the first, the second action is prima facie vexacious and an abuse of court process. Saraki v. Kotoye (1992) 9 NWLR, pt. 264, pg. 156 Oguejiofor v. Oguejiofor (2006) 3 NWLR pt. 966, pg. 205 Abubakar v. Unipetrol (2002) 8 NWLR, pt. 769, pg. 242 Plateau State v. Attorney-General of Federation (2006) 3 NWLR pt. 967, pg. 346 Dingyadi v. I.N.E.C (No. 2) (2010) 18 NWLR, pt. 1224, pg. 154. Arubo v. Aiyeleru (1993) 3 NWLR pt. 280, pg. 126 Adesanoye v. Adewole (2000) 9 NWLR, pt. 671, pg. 127 Vaswani Trading Co. v. Savalakh and Co. (1972) ALL NLR, pt. 2, pg. 483 Okorodudu v. Okoromadu (1977) 3 SC 21.

— O.O. Adekeye JSC. R-Benkay Nigeria Limited. V. Cadbury Nigeria Limited (SC.29/2006, 23 Mar 2012)

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USING THE JUDICIAL PROCESS TO ANNOY OPPONENT IS ABUSE OF JUDICIAL PROCESS

The improper use of judicial process in the multiple suits to irritate, annoy and harass the defendants, his opponents, is itself an abuse of judicial process.

– Ejembi Eko, JSC. Adegbanke v. Ojelabi (2021)

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ABUSE OF COURT PROCESS MEANS THE COURT PROCESS IS NOT BEING USED BONA FIDE

Abuse of Court process means that the process of the Court has not been used bona fide and properly. See Central Bank of Nigeria v. Saidu H. Ahmed and Ors. (2001) 5 SC (Pt. 11) 146; Edjerode v. Ikine (2001) 12 SC (Pt.11) 125. The concept of abuse of Court process is imprecise. It involves circumstances and situations of infinite variety and conditions but it has a common feature in improper use of the judicial process by a party in litigation to interfere with the due administration of justice. See Agwasim v. Ojichie (2004) 10 NWLR (Pt. 882) 613 at 624-625 (SC). In Saraki v. Kotoye (1992) 9 NWLR (Pt. 264) 156 at 188, this Court on abuse of Court process held: “…the employment of judicial process is only regarded generally as an abuse when a party improperly uses the issue of the judicial process to the irritation and annoyance of his opponent and the efficient and effective administration of justice. This will arise in instituting a multiplicity of action on the same subject matter against the some opponent on the some issue.” See also Okorodudu v. Okoromadu (1977) 3 SC 21.

— N.S. Ngwuta, JSC. R-Benkay Nigeria Limited. V. Cadbury Nigeria Limited (SC.29/2006, 23 Mar 2012)

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ABUSE OF COURT PROCESS IS OF INFINITE VARIETY

The concept of abuse of process is imprecise and of infinite variety. However, its most common feature is in instituting multiplicity of actions on the same subject matter against the same opponent on the same issues. The abuse lies in the multiplicity and manner of exercise of the right, rather than the exercise of the right per se. See OKORODUDU vs. OKOROMADU (1977) 3 SC 21 and SARAKI vs. KOTOYE (1992) 9 NWLR (PT 264) 156 at 188.

— U.A. Ogakwu, JCA. General Telephone v. Asset (2017) – CA/L/336/2015

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MEANING OF ABUSE OF COURT PROCESS

Abuse of court process means that the process of the court has not been used bonafide and it may occur when a party improperly uses a judicial process to the harassment, irritation and annoyance of his opponent and to interfere with the administration of justice. The institution of multiplicity of actions by the parties, in the instant case, constitutes an abuse of the court process. There must be an end to litigation. Although, every person as citizen has a right of access to the court for redress, that right should be exercised in good faith. [Okafor v. Attorney-General of Anambra State (1991) 6 NWLR (Pt.200) 659;Saraki v. Kotoye (1992) 9 NWLR (Pt.264) 156;Owonikoko v. Arowosaiye (1997) 10 NWLR (Pt.523) 61 referred to].

— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92

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WHAT CONSTITUTES ABUSE OF COURT PROCESS

Saraki vs Kotoye (1992) 11-12 SCNJ, on what constitutes abuse of Court process, as follows: “The abuse consists in the intention, purpose and aim of the person exercising the right of issue (of the process) to harass, irritate and annoy the adversary, and interfere with the administration of Justice, such as instituting actions between the same parties, simultaneously, in different Courts even though on different grounds … Abuse of process of the Court is a term generally applied to a process which is wanting in bonafide and is frivolous, vexatious or oppressive. It can also mean abuse of legal procedures or improper use of judicial process.”

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