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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

MEANING OF ABUSE OF COURT PROCESS

Now, the term ‘Abuse of Court process’ is often seen to be synonymous with multiplicity of suits, but though that in a way is a correct proposition of the law yet abuse of Court process is much more than mere multiplicity of suits. In other words, multiplicity of suits is not the only way by which abuse of Court process could be constituted. Simply put, and for lack of a precise or concise definition of the term ‘abuse of Court process’ denotes the improper use of the process of Court to achieve unlawful ends or the employment of the judicial process to the annoyance or irritation or injury of the person of another and thus it can safely pass as a doctrine of law without any precise or concise definition. This is rightly and arguably so because what would constitute or amount to abuse of Court process is very diverse, imprecise and thus subject to infinite or indefinite considerations.

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

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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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WHAT IS ABUSE OF PROCESS

There is abuse of process when a party uses the issue of judicial process to the irritation and annoyance of the other party and in the process disrupts the smooth administration of justice. A proceeding that is frivolous or oppressive is an abuse of process, e.g. filing multiplicity of actions on the same subject matter against the same opponent on the same issue. See Saraki v. Kotoye (1992) 9 NWLR (Pt. 264) p. 156. Agwasim v. Ojichie (2004) 10 NWLR (Pt. 882) p.613; Okorodudu v. Okoromadu (1997) 3 SC p.21.

— O. Rhodes-Vivour JSC. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Anor. (SC.535/2013(R), 23 June 2017)

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ALLEGATION OF ABUSE OF COURT PROCESS MUST BE PROVED

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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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 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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