Jonah Patel
Abuse of court process in Nigeria is an imprecise concept, but it generally refers to the improper use of the judicial process by one party to harass, irritate, annoy, or intimidate the other party and interfere with the administration of justice. This can include filing multiple actions on the same subject matter, instituting different actions in different courts, or using court processes for ulterior motives or collateral advantages. The tort of abuse of civil process, which seeks to balance access to the court with safeguarding defendants from harassment and humiliation, is part of the received English law in Nigeria, but it is not commonly used. When the court determines that abuse of its process has occurred, it can invoke its coercive powers to punish the offending party, often by dismissing the action.
| Characteristics | Values |
|---|---|
| Improper use of judicial process | Interference with the administration of justice |
| Multiplicity of actions on the same matter | Interference with the administration of justice |
| Different actions between the same parties in different courts | Interference with the administration of justice |
| Vexatious use of process | Harassment, humiliation, and damages |
| Ulterior motive or collateral advantage | N/A |
| Use of judicial process to irritate and annoy the opponent | N/A |
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What You'll Learn
Multiplicity of actions on the same matter
The concept of abuse of court process is imprecise, involving an infinite variety of circumstances, situations, and conditions. However, a common feature of abuse of court process remains the improper use of judicial processes by a party in litigation to interfere with the due administration of justice. This includes instituting a multiplicity of actions on the same subject matter, even where there exists a right to bring the action.
In the case of Saraki v. Kotoye (1992), it was held that the multiplicity of actions on the same matter between the same parties is regarded as an abuse, even if there is a right to bring the action. The abuse lies in the multiplicity and manner of exercising the right rather than the exercise of the right itself. This was further emphasised in Adamu v. Nigerian Airforce & Anor (2022), where the Supreme Court held that abuse is a fundamental vice and is typically punished by a dismissal order.
The intention behind the multiplicity of actions is also crucial. If the intention is to harass, irritate, or annoy the opponent and interfere with the administration of justice, it constitutes an abuse of court process. This was highlighted in Ashley Agwasim & Anor v. David Ojichie & Anor (2004), where the court stated that abuse of judicial process is the improper use of judicial processes to the detriment of the opponent.
It is important to note that the multiplicity of actions on the same subject matter can still be considered an abuse of court process even if the actions are filed in different courts or by different parties. The focus is on the inconvenience and irritation caused to the opponent rather than the specific details of each action.
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Improper use of judicial process
The improper use of judicial process, otherwise known as abuse of court process, is a common law principle dating back to 1839. While there is no exhaustive list of what constitutes an abuse of court process, it involves the malicious and improper use of the judicial process by one party to intimidate, harass, irritate, annoy, or interfere with the administration of justice.
In Nigeria, the court reserves the right to invoke its coercive powers to punish the party in abuse of its process, and this power is often exercised by dismissing the action. The tort of abuse of process seeks to balance access to the court with public policy to protect defendants from harassment, humiliation, and damages.
The tort of abuse of civil process is part of the received English law in Nigeria, with common law tortious principles from 1900 still applicable. However, it is not commonly used in the country, despite cases being filed daily without merit to pressure defendants, especially multinationals, to negotiate settlements out of court.
Abuse of court process can occur when there is no legal basis for a court process, causing inconvenience to the other party in defending a recklessly incompetent process. It can also occur when a party brings multiple actions on the same subject matter, even when there is a right to bring the action. This abuse lies in the multiplicity and manner of exercising the right, rather than the exercise of the right itself.
In summary, improper use of judicial process involves the malicious and harassing use of legal proceedings to interfere with the administration of justice, leading to punitive measures by the court and potential out-of-court settlements.
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Ulterior motives
The tort of abuse of civil process, which is applicable in Nigeria, seeks to address this issue. It arises when a person deliberately misuses a court claim to achieve an ulterior motive for which such a process was not intended. This misuse of the public's right of access to the courts can result in harassment, humiliation, and damages for the defendant.
The Nigerian Supreme Court has recognised this issue, stating that "there is said to be an abuse of the process of the Court when a party improperly uses the issue of the judicial process to the irritation and annoyance of his opponent". This abuse of process often leads to punishment in the form of a dismissal order.
However, it is important to note that not all ulterior motives constitute an abuse of process. In Goldsmith v Sperrings Ltd, it was established that a suit will not be considered abusive if the intended relief is reasonably related to other forms of remedies the litigant can legally obtain. Similarly, in Land Securities Plc v Fladgate Fielder, the court held that a person who institutes proceedings with a genuine interest in a successful outcome is not committing the tort, even if they have mixed motives.
Nevertheless, the abuse of court process in Nigeria often stems from ulterior motives, resulting in harassment and interference with the administration of justice.
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Vexatious use of process
The tort of abuse of process is a common law principle that dates back to around 1839. Separate from procedural abuse of court processes, it arises when a person deliberately misuses a court claim to achieve an ulterior motive for which such a process was not created. This is also known as the "vexatious use of process".
In Nigeria, the tort of abuse of civil process is part of the received English law. While the tort is not commonly used in the country, it is on the rise. Cases are filed daily without any merit but to pressure defendants, especially multinationals, to negotiate settlements out of court. Court orders are also obtained predominantly in bad faith to stifle defendants.
In Waterer v Freeman, an action was held to lie against a judgment creditor who, pending an execution, unnecessarily and maliciously seized his debtor's goods under a second writ. The court held the creditor's action as a tortious abuse – a vexatious use of court process.
In Saraki v. Kotoye (1992), the Court held that the multiplicity of actions on the same 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 Court further held that 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.
In Lokpobiri v. Ogola Suit No. S.C. 443/2015, the Court held that where two actions are commenced, the second asking for relief that may have been obtained in the first, the second action is prima facie vexatious and an abuse of Court process.
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Interference with administration of justice
Abuse of court process in Nigeria is an imprecise concept that involves a wide variety of circumstances and situations. However, one common feature is the improper use of the judicial process by a party in litigation to interfere with the administration of justice. This includes instituting multiple actions on the same subject matter against the same opponents, as well as instituting different actions between the same parties simultaneously in different courts, even if the grounds are different.
The abuse lies in the multiplicity and manner of exercising the right rather than the exercise of the right itself. For example, in Saraki v. Kotoye (1992), it was held that where two actions are commenced, the second asking for relief that could have been obtained in the first, the second action is considered vexatious and an abuse of court process. Similarly, in Adegbanke v Ojelabi & Ors (2021), the Nigerian Supreme Court held that there is an abuse of the process of the court when a party improperly uses the judicial process to irritate and annoy their opponent.
The tort of abuse of process seeks to balance access to the court with public policy to protect defendants from harassment, humiliation, and damages. It arises when a person deliberately misuses a court claim to achieve an ulterior motive for which such a process was not created. For instance, in Goldsmith v Sperrings Ltd, Bridge LJ established that a suit will constitute abuse if the intended relief is not reasonably related to other forms of remedies the litigant can legally obtain.
The court has the power to interfere and stop any abuse of its process and can invoke its coercive powers to punish the offending party, often by dismissing the action. This was demonstrated in Adamu v Nigerian Airforce & Anor (2022), where the Supreme Court held that abuse is a fundamental vice and is always punished with a dismissal order.
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Frequently asked questions
The tort of abuse of process is a common law principle that seeks to balance access to the court and public policy to protect defendants from harassment, humiliation, and damages. It arises when a person deliberately misuses a court claim to achieve an ulterior motive.
There is no exhaustive list of what constitutes an abuse of court process in Nigeria. However, it generally involves the improper or malicious use of the judicial process by one party to intimidate, harass, irritate, or annoy the other and interfere with the administration of justice.
Yes, an example would be instituting multiple actions on the same subject matter against the same opponents on the same issues.
The court has the right to invoke its coercive powers to punish the party in abuse of its process, and this power is often exercised by dismissing the action.
Some Nigerian cases that have addressed abuse of court process include Saraki v. Kotoye (1992), Ogoejeofo v. Ogoejoefo (2006), and Adamu v Nigerian Airforce & Anor (2022).
