APPELLATE PRACTICE — Abuse of Court Process — Maintaining Parallel Proceedings — Effect of Pursuing Appeal and Certiorari Simultaneously
Ratio Decidendi
Per Onnoghen, JSC, in ACB Plc v. Nwaigwe & Ors (2011) NLC-123-35-2001(SC) at pp. 5–6; Paras A–C:
"Where two or more similar processes are issued by a party against the same party/parties in respect of the exercise of the same right and same subject matter or where the process of the court has not been used bona fide and properly... It is not the existence or pendency of a previous suit that causes the problem but the institution of a fresh action between the same parties and on the same subject matter when the previous suit has not been disposed of that constitutes abuse of process of court."
Explanation / Scope
This principle establishes that abuse of court process occurs where a party issues two or more similar processes against the same party in respect of the same right and subject matter, or where the court’s process is not used bona fide. It is the institution of a fresh action between the same parties on the same subject matter while the previous suit is pending that constitutes abuse. The principle applies where parallel proceedings are maintained. It ensures that parties do not abuse court processes. The principle reflects the rule against multiplicity of actions. The court must prevent such abuse. The principle provides guidance on abuse of court process.