CIVIL PROCEDURE — Inherent Powers of Court — Power to Prevent Abuse of Process
Ratio Decidendi
Per Adekeye, JSC, in Dingyadi & Ors v. INEC & Ors (2011) NLC-123-32-2010(SC) at pp. 6—7; Paras E—A:
"The court has an inherent jurisdiction to prevent abuse of its legal process by frivolous or vexatious proceedings either in this court or in any other court brought to its attention. This court derived its powers to make a pronouncement on the Sokoto appeal from the 1999 Constitution, the Supreme Court Act, Supreme Court Rules and its inherent powers pursuant to Section 6(6)(a) of the 1999 Constitution."
Explanation / Scope
This principle establishes that the court has inherent jurisdiction to prevent abuse of its process by frivolous or vexatious proceedings, whether in the court itself or in any other court brought to its attention, derived from the Constitution, statutes, rules, and Section 6(6)(a) of the 1999 Constitution. The principle applies where abuse is threatened. It ensures that abuse is prevented. The principle reflects the court’s inherent powers. It allows intervention to stop abusive proceedings. The court must exercise this power. The principle provides guidance on preventing abuse of process.