APPELLATE PRACTICE — Abuse of Court Process — Election of Remedies — Certiorari as Alternative to Appeal
Ratio Decidendi
Per Muhammad, JSC, in ACB Plc v. Nwaigwe & Ors (2011) NLC-123-35-2001(SC) at p. 15; Paras A–B:
"To allow the two processes to operate side by side in the same case, between same parties and same subject matter would, in my view, amount to abuse of court processes irrespective of the number of issues any of them may have raised. Courts of law do not allow such flagrant abuse of their processes to stand."
Explanation / Scope
This principle establishes that allowing appeal and certiorari to operate side by side in the same case, between the same parties and on the same subject matter amounts to abuse of court process, regardless of the number of issues raised. The principle applies where both remedies are pursued. It ensures that parties elect one remedy. The principle reflects the prohibition against parallel proceedings. It prevents flagrant abuse of court processes. The court must not allow such abuse. The principle provides guidance on election of remedies.