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ABUSE OF COURT PROCESS ON MULTIPLE ACTIONS

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The trite position of the law on abuse of a court process is that it happens in regard to multiple actions between the same parties, on the same subject matter, when a party (such as the appellant in this appeal) improperly uses judicial process to the irritation, of annoyance and harassment of his opponent (the respondent herein) not only in respect of the same subject matter but also in respect of the same issues in the other action or actions. See: Okafor v. A – G Anambra State (1991) 6 NWLR (Pt.200) 659 at 681; Saraki v. Kotoye (1992) 9 NWLR (Pt.264) 156; Ikine v. Edjerode (2001) 18 NWLR (Pt.745) 446.

— T. Muhammad, JSC. VAB Petroleum v. Momah (2013) – SC.99/2004

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abuse of process

WHAT QUALIFIES AS ABUSE OF COURT PROCESS

It is trite law that, abuse of Court or judicial process simply means, the use of a Court process mala fide or in bad faith to the annoyance of the opponent. One variety of it is the institution of multiferous actions between the same parties with regard to the same subject matter and same issue, in the same or another Court. See Abdu Yunusa Indabawa v. Garba Magashi & Anor (2016) LPELR 41626 (CA) and Umeh v. Inu (2008) 8 NWLR (pt. 225) at 245. A quick look at the Originating Summons in Suit No: FHC/ABJ/CS/1275/2022 will show that, same was instituted in the Federal High Court, Abuja on the 27th day of July, 2022. Being a pre election matter, it ought to have been determined within 180 days as required by Section 285(10) of the 1999 Constitution. It therefore means that it lapsed by January, 2023 about a month before the Election in question was conducted. This petition having been instituted on the 20/3/2023 when Suit No: FHC/ABJ/CS/1215/2022 was no more alive, does not qualify as an abuse of Court process. This ground for this objection is also discountenanced.

— H.S. Tsammani, JCA. APM v INEC & Ors. (2023) – CA/PEPC/04/2023

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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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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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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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