By

Samuel Irusota Esq

INTRODUCTION

Generally, abuse of court process is a term generally applied to a proceeding which is wanting in bona fide and is frivolous, vexatious or oppressive. Abuse of court process can also mean abuse of judicial process or Improper use of legal process. SEE C. B. N v AHMED (2001) 11 NWLR ( pt. 724) 369 p. 106 par B- C.

A process of court filed which has no backing of the law is regarded as an abuse of court process. Abuse of court process includes where there is no iota of law supporting a Court process or where it is premised on frivolity or recklessness. The abuse lies inter alia , in the inconvenience the other party has been put and / or made to defend the process adjudged recklessly incompetent.

An abuse of Court process is an issue of jurisdiction , and since it is an issue of jurisdiction, it can be raised at any stage of a case be it at the trial or for the first time on appeal. It can be raised suo motu or viva voce without any written application and once it is raised, parties must be heard on it and the issue must be determined before proceeding in the matter. See DIAMOND BANK v OPARA ( 2018) 7 NWLR ( Pt. 1617) 92 p. 106 par D-E.

The concept of abuse of judicial process is imprecise. It involves circumstances and situations of infinite variety and conditions. It’s one common feature is the improper use of judicial process by a party in litigation to interfere with the due administration of justice. It is recognized that abuse of a court process may lie in the improper use of the judicial process by a party in litigation. But the employment of judicial process is only regarded generally as an abuse when a party improperly uses the issue of 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 actions on the same subject matter against the same opponents on the same issue. Thus, the multiplicity of actions on the same subject matter between the same parties, even where there exists a right to bring the action is regarded as an abuse . The abuse lies in the multiplicity and manner of the exercise of the right rather than the exercise of the right per se . The abuse consists in the intention , purpose and aim of the person exercising the right to harass, irritate and annoy the adversary and interfere with the administration of justice ,such as instituting different actions between the same parties , simultaneously in different Courts, even though on different grounds. See SARAKI V. kOTOYE ( 1992) 9 NWLR (pt. 246) at 156p. 192 par (C- H).

A suit is said to constitute an abuse of Court process when it depicts a multiplicity of action: (a) Between the same parties (b) On the same subject matter, and (c) On the same issue

These three conditions above stated must be present for the abuse to ensue. A party is said to be in abuse of Court process where he improperly uses the judicial process to the irritation and annoyance of his opponent and the efficient and effectual administration of justice. It implies a situation where the process of Court has not been use bonafide. See SARAKI V. kOTOYE ( Supra). See also IKINE V. EDJEREDE (2001) 18 NWLR ( pt. 745 ) at 446, R – BENKAY NIG LTD V. CADBURY NIG PLC ( 2012) 9 NWLR ( pt. 1306 ) 591, p. 205 par B-D.

The most pertinent indices to be considered for a suit to be termed an abuse of Court process is that there are multiple actions between the same parties over the same subject matter. Where matters involving the same parties and the same claims are raised contemporaneously in two or more Courts, it is desirable and in the interest of justice that the matters be heard in only one of the Courts. This is designed to avoid multiplicity of proceedings on the same issues. The basics of this rule is the real possibility of two conflicting decisions in respect of one and the same subject matter. So it is desirable that the issues common to both matters be heard and determined in only one court. Where two actions are filed one after the other and both actions are asking for a relief common to both of them , the second action is clearly vexatious and calculated to irritate and annoy the adversary. So once the action is between the same parties , on the same subject matter even if differently worded but with the same result, the suit filed later in time is an abuse of court process and is liable to be struck out . Once the intention for filing a suit is found to be mala fide , it is an abuse of court process. See MOHAMMED V. GWARZE S. C. 577, IGOIN V. AJOKE S. C. 90 , ADAMU V. NIGERIAN AIR FORCE S. C . 159 , I.T.B. PLC V. OKOYE S. C . 163.

In conclusion, abuse of Court process is not a mere irregularity that can be waived, a Court has a bounden duty to jealously guard its process from being abused and where a Court finds that its process is being abused, the appropriate order to make is that of dismissal of the suit. SEE T. S.A INDUSTRIES LTD V. F. B.N PLC ( 2012) 14 NWLR ( pt. 1320 ) 326 p. 205 par B.

ABOUT THE AUTHOR

Irusota is a constitutional and human Rights Lawyer . He is an associate at Advanced chambers, a leading top tier law firm based in Owerri, He can be reached via : Email: eromosele360@gmail.com, Tel: +2349167114574, +2349050854504