Legalpedia Citation: (2023-08) Legalpedia 11123 (CA)

In the Court of Appeal

Holden at Lagos

Wed Aug 2, 2023

Suit Number: CA/LAG/CV/968/2022

CORAM

JIMI OLUKAYODE BADA JUSTICE, COURT OF APPEAL

FREDRICK EZIAKPONO OHO JUSTICE, COURT OF APPEAL

ABUBAKAR SADIQ UMAR JUSTICE, COURT OF APPEAL

PARTIES

ATTORNEY GENERAL OF THE FEDERATION  AND MINISTER FOR JUSTICE   APPELLANT

 

APPELLANTS

1. ETI-OSA LGA, LAGOS STATE
2. GOR LGA, EDO STATE
3. OWERRI MUNICIPAL LGA, IMO STATE  RESPONDENTS
4. PORT-HARCOURT CITY LGA, RIVERS STATE
5. HON. MINISTER FOR INTERIOR
6. ANCHOR DATAWARE SOLUTION LIMITED

 

RESPONDENTS

AREA(S) OF LAW

ABUSE OF COURT PROCESS – MEANING OF ABUSE OF COURT PROCESS

SUMMARY OF FACTS

Before the lower court (Federal High Court, Lagos), the 1^st to 4^thRespondents prayed the court to restrain the Appellant and the 5^thand 6^thRespondents and their agents or privies from further contracting marriages, celebrating marriages, granting or issuing certificates of marriage, and registering marriages contracted or celebrated under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004 (among other prayers). The above-mentioned prayers were granted.

The Appellant was aggrieved by the decision hence the instant appeal.

HELD

Appeal allowed in part

ISSUES

Ø Whether the lower court was right when it held that the plea of doctrine of res judicata is inapplicable to the 1st to 4th Respondents’ action and the said action does not constitute an abuse of court process?

Ø Whether the learned trial Judge was right when it granted the reliefs sought by the 1st to 4th Respondents and found that the Judgment in Suit No: FHC/870/2002 granted exclusive rights to the 1st – 4th Respondents and other Local Governments in Nigeria to conduct, celebrate and register marriages within their local government?

 

RATIONES DECIDENDI

ABUSE OF COURT PROCESS – MEANING OF ABUSE OF COURT PROCESS

Abuse of court process connotes the improper use of a judicial process to the irritation and annoyance of an opponent. It simply means the process of court has not been used bona fide and properly.

The circumstances that give rise to abuse of court process are wide in variety and infinite. Some of the circumstances include:

1. Multiplicity of action on the same subject-matter against the same opponent on the same issue or a multiplicity of action on the same matter between the same parties.

2. The institution of different actions between the same parties, simultaneously in different courts even though on different grounds;

3. Where two similar processes are used in respect of the exercise of the same right for example, a cross-appeal and respondents’ notice etc.

See the case of Agwasim vs. Ojichie (2004) 10 NWLR (Pt. 882) 613.  – Per A. S. Umar, JCA

RES JUDICATA – BURDEN OF PROOF WHEN IT IS ALLEGED THAT RES JUDICATA TAINTS A PROCESS

I have duly considered the Appellant’s submission on this issue, and it must be explicitly stated that an allegation that processes filed by a party is tainted by res judicata or constitutes an abuse of court process must be established by the party who asserts. The Appellant had the onus of proving with credible evidence that the 1^st to 4^th Respondent have improperly utilized the court process and is re-litigating an issue already determined by a court of competent jurisdiction. – Per A. S. Umar, JCA

 

COURTS – CONDUCT OF COURTS WHEN FACTS AND EXHIBITS ARE NOT PROPERLY PRESENTED BEFORE IT

The court cannot speculate on the facts and the exhibits if they are not properly presented before it. – Per A. S. Umar, JCA

MARRIAGE DISTRICTS – WHAT CONSTITUTES MARRIAGE DISTRICTS AFTER DISSOLUTION OF SUBREGIONS

In my view, the 1st to 4th Respondents only took out an originating summons with Suit No: FHC/L/CS/816/2018 to enforce the said declaratory orders. This approach has been endorsed by the court as it relates to the enforcement of a declaratory Judgment. See the case of Iragbaji vs. Oyewinle (2013) 13 NWLR (Pt. 1372) p.566 where the Supreme court held as follows: “A declaratory judgment or order is one that proclaims or declares the existence of a legal relationship but does not contain any order which may be enforced against the defendant. Once rights declared in a declaratory judgment are infringed, fresh proceedings are needed for enforcement” – Per A. S. Umar, JCA

MARRIAGE DISTRICTS – WHAT CONSTITUTES MARRIAGE DISTRICTS AFTER DISSOLUTION OF SUBREGIONS

I have held in the sister appeal with Appeal No: CA/LAG/CV/566/2022 that the First Schedule of the Marriage (Appointment of Principal Registrar, Registrars etc.) Notice (L.N 72 of 1971), categorizes the various marriage districts within the administrative regions which were in operation at the time. It follows logically that following the abolition of the geographical regions and the creation of states from the old regions, the functions of the marriage districts will be designated to the states/local governments for administrative purposes.

The legislative intent behind the creation of marriage districts is for administrative purposes and the coordination of the celebration of statutory marriages across the country. Due to the creation of states/local governments, the various sub-regions wherein the marriage districts were established by the Marriage Act have to a large extent become otiose. Consequently, the local government councils in my view have lawfully filled the vacuum occasioned by the dissolution of the subregions. – Per A. S. Umar, JCA

CASES CITED

STATUTES REFERRED TO

1. 1.  Constitution of the Federal Republic of Nigeria 1999 (as amended)
2. 2.  Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004

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