The term abuse of court process simply means that the process of court has not been used bonafide and properly. It also occurs when a party improperly uses the judicial process to the harassment, irritation and annoyance of his opponent or to interfere with the administration of Justice. [1]
The categories of what constitute an abuse of court process are varied and not exhaustive, but depend on the circumstances of each particular case. [2]
Examples:
– Where there is a multiplicity of action on the same subject matter between the same parties.[3]
– Where a party litigates again on the same issue which has already been litigated upon between him and the same persons based on facts upon which a decision has already been reached.[4]
– Where the proceedings is wanting in bonafide, and frivolous, vexatious, oppressive or amounts to abuse of legal procedure or improper legal process.[5]
– Where a party is on a frolic act of forum-shopping i.e., seeking for a favourable Court to entertain a matter.[6]
Generally, the Court has inherent powers and duty to see that its process is not abused and to protect itself against such an abuse.[7]
[1]Ogunsanya v Akande(2010) LPELR 4696 CA; Airabo v Aiyeleri(1993) 3 NWLR (Pt 280) 126; Ogboru and another v Uduaghan and others (2013) LPELR-20805(SC) 9, paras.B-D.
[2]Umeh v Iwu and others (2008) LPELR-3363 (SC).
[3]Saraki v Kotoye (1992) 9 NWLR (Pt 264) 156; Registered Trustees of Evangelical Church and others v Registered Trustees of Glad Tidings Tabernacle Christian Mission and others (2017) – 43482 (CA) 4 paras A-E; Lawal v INEC and others (2019) LPELR-47687(CA); NIMB Ltd v UBN Ltd (2004) 2 NWLR (Pt 888) 5 99 SC.
[4]Peoples Democratic Party v Ali Modu Sheriff and others (2017) 15 NWLR (Pt) 219.
[5]UBN Ltd v Edamkue (2004) 4 NWLR (Pt883) 221; Ukachukwu v Uba (2005) 18 NWLR (Pt 956) 1; Jimoh v Starco (Nig) Ltd (1998) 7 NWLR (Pt 558) 523; PDP and others v Ogundipe and others (2018) LPELR-43887(CA) 51-54 paras F-D.
[6]Abdullahi v Adamu (2018) LPELR-46323(CA) 14-15 paras D-E.
[7]Vaswani Trading Co v Savalakh & Co (1972) LPELR-3460(SC) 10 paras A-C.