Ratio Decidendi

Per Adekeye, JSC, in Dingyadi & Ors v. INEC & Ors (2011) NLC-123-32-2010(SC) at p. 17; Paras A—B:

"Abuse of legal process is of jurisdictional importance as where a condition for initiating a legal process is laid down, any suit instituted in contravention of the precondition provision is incompetent and a court of law lacks jurisdiction to entertain the same."

Explanation / Scope

This principle establishes that abuse of legal process is of jurisdictional importance; where a condition for initiating a legal process is laid down, any suit instituted in contravention of that precondition is incompetent, and the court lacks jurisdiction to entertain it. The principle applies where conditions precedent are not met. It ensures that jurisdictional requirements are complied with. The principle reflects the connection between abuse of process and jurisdiction. It prevents courts from entertaining incompetent suits. The court must decline jurisdiction. The principle provides guidance on abuse of process and jurisdiction.

Cases Applying This Principle