PRACTICE AND PROCEDURE – ABUSE OF COURT/JUDICIAL PROCESS(ES) – What constitutes abuse of Court process


“This Court held in African Reinsurance Corporation Vs JDP Construction Ltd. (2003) LPELR – 215 (SC) @ 28 A- F, per Niki Tobi, JSC, thus: “Where a party duplicates a Court process, the more current one, which results in the duplication is regarded as an abuse of the Court’s process. Abuse of process of Court is a term generally applied to a proceeding which is wanting in bona fides and is frivolous, vexatious or oppressive. Abuse of process can also mean abuse of legal procedure or improper use of legal process as in this case. See: Amaefule Vs The State (1988) 2 NWLR (Pt. 75) 156. An abuse of process always involves some form of bias, malice, some deliberateness, some desire to misuse or divert the system. See: Edet Vs The State (1988) 2 NWLR (Pt. 75) 156. There is said to be an abuse of the process of the Court when a party improperly uses the issue of the judicial process of the Court to the irritation and annoyance of his opponent, such as instituting a multiplicity of actions on the same subject matter, against the same opponent on the same issues as in the instant case. See: Okafor Vs Att. Gen. and Comm. for Justice, Anambra State (1991) 6 NWLR (Pt. 200) 659. See also: Messrs NV scheep Vs The MV “S-Araz” (2000) 15 NWLR (Pt. 691) 622.” Per KEKERE-EKUN, JSC inADEGBANKE v. OJELABI & ORS (2021-LCER-40456-SC) (Pp 33 – 34 Paras E – F)

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