Ratio Decidendi

Per Adekeye, JSC, in Dingyadi & Ors v. INEC & Ors (2011) NLC-123-32-2010(SC) at pp. 15—16; Paras E—A:

"Once a court is satisfied that the proceeding before it amounts to an abuse of process, it has the right, in fact the duty to invoke its coercive powers to punish the party which is in abuse of its process. Quite often, that power is exercised by a dismissal of the action which constitutes the abuse."

Explanation / Scope

This principle establishes that once a court is satisfied that a proceeding amounts to an abuse of process, it has the right and duty to invoke its coercive powers to punish the party abusing its process, often by dismissing the action. The principle applies where abuse of process is found. It ensures that abusive proceedings are dismissed. The principle reflects the court’s power to prevent abuse. It prevents multiplicity of actions. The court must exercise this power. The principle provides guidance on dismissing abusive processes.

Cases Applying This Principle