LEGAL PRINCIPLE: APPELLATE PRACTICE — Supreme Court Jurisdiction — Inherent Jurisdiction of Supreme Court to Prevent Abuse of Process
PRINCIPLE STATEMENT
The Supreme Court has inherent jurisdiction to prevent abuse of process by frivolous or vexatious proceedings, either in this court or in any other court, which is brought before this court.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Agwasim & Anor v. Ojichie & Anor (2004) NLC-152000(SC) at p. 10; Paras A–B.
"This court has an inherent jurisdiction to prevent abuse of process by frivolous or vexatious proceedings, either in this court or in any other court, which is brought before this court."
EXPLANATION / SCOPE
The Supreme Court has inherent power to prevent abuse of process. The principle applies to appellate practice. The court can strike out frivolous or vexatious proceedings. The rule protects judicial resources. The court will act to prevent misuse. The principle is fundamental.