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.”
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