APPELLATE PRACTICE — Abuse of Court Process — Litigation Against Expired Tenure — Academic Exercise
Ratio Decidendi
Per Adekeye, JSC, in Ogboru & Anor v. Uduaghan & Ors (2011) NLC-123-361-2011(SC) at p. 30; Paras A—B:
"The appellant's continual litigation is like flogging a dead horse or beating about the bush to find a way where there is none. I am of the impression that the appellant is lost in the abyss of self ambition."
Explanation / Scope
This principle establishes that continual litigation over an expired tenure is an academic exercise and an abuse of court process, akin to flogging a dead horse. The principle applies where litigation is pursued beyond the life of the subject matter. It ensures that courts do not entertain moot or spent matters. The principle reflects the need to avoid waste of judicial resources. It prevents abuse of process. The court must dismiss such litigation. The principle provides guidance on abuse of court process.