CIVIL PROCEDURE — Abuse of Court Process — Improper Use of Judicial Process to Re-litigate Same Issue
Ratio Decidendi
Per Ogbuagu, JSC, in Abubakar v. Bebeji Oil and Allied Products Ltd (2007) NLC-123-110-2001(SC) at pp. 45–46; Paras D–A:
"Abuse of process of the court is defined as the improper use of the process and procedure of the court by a litigant. Abuse of judicial process manifests itself largely in the multiplicity of actions on the same subject matter between the same parties. It is not the existence of the right to institute these actions that is protested against, rather, it is the manner of exercise of this right and the purpose of doing same that is abhorred."
Explanation / Scope
Abuse of court process occurs when a litigant uses the judicial machinery for an improper purpose—typically to harass, oppress, or unduly burden an opponent through multiple proceedings on the same subject matter. The focus is not on the litigant’s legal right to sue, but on the manner and purpose of exercising that right. Filing multiple suits based on the same facts, between the same parties, or seeking the same reliefs, constitutes an abuse. It clogs the court system, wastes judicial resources, and subjects the defendant to the anxiety and expense of defending repetitive actions. Courts have inherent power to dismiss or strike out such suits and may award punitive costs to deter such conduct. The doctrine protects the integrity of judicial process and upholds the principle of finality in litigation.