LEGAL PRINCIPLE: APPELLATE PRACTICE – Abuse of Process – Definition and Scope
PRINCIPLE STATEMENT
Abuse of process of the court is a term generally applied to a proceeding which is wanting in bonafides and is frivolous, vexatious or oppressive. Abuse of process can also mean abuse of legal procedure or improper use of legal process.
RATIO DECIDENDI (SOURCE)
Per Oputa, JSC, in Amaefule v. State (1988) 2 NWLR (Pt.75) 156 at p. 177; cited in Central Bank of Nigeria v. Ahmed & Ors (2001) NLC-92001(SC) at p. 45; Paras C–D.
"Abuse of process of the court is a term generally applied to a proceeding which is wanting in bonafides and is frivolous, vexatious or oppressive. Abuse of process can also mean abuse of legal procedure or improper use of legal process."
EXPLANATION / SCOPE
Abuse of process applies to proceedings lacking bona fides—frivolous, vexatious, or oppressive. It also means abuse of legal procedure or improper use of legal process. The definition is broad, covering various improper uses of court processes. The common thread is the misuse of judicial machinery for purposes other than legitimate dispute resolution. Frivolous proceedings lack legal merit. Vexatious proceedings harass or annoy. Oppressive proceedings impose undue burden. Abuse of procedure includes using court processes in ways not intended. The court has inherent power to prevent abuse. The concept protects the administration of justice from misuse. Each case depends on its circumstances.
