May 11, 2025
Legalpedia Citation: (2013) Legalpedia (SC) 39114 In the Supreme Court of Nigeria HOLDEN AT ABUJA Thu Dec 19, 2013 Suit Number: SC. 556/2013 CORAM PARTIES NICHOLAS CHUKWUJEKWU […]
CORAM
PARTIES
NICHOLAS CHUKWUJEKWU UKACHUKWU APPELLANTS
PEOPLES DEMOCRATIC PARTY (P.D.P)ALHAJI BAMANGA TUKUR DR. TONY NWOYE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The Appellant/Applicant brought and action in a Federal high court Port Harcourt division challenging the victory of the 3rd Respondent in a primary election conducted by the 1st Respondent, People’s Democratic Party in Anambra State, in respect of the gubernatorial election scheduled to hold on the 16th day of November, 2013. The Federal High Court delivered judgment that the 4th Respondent (INEC) should include the applicant in the list of candidate for the election. The decision of the trial court prompted the 1st and 3rd Respondent to appeal which appeals were later consolidated, heard and adjourned for judgment on a date to be communicated to both parties. Before the judgment was delivered by the lower court, the Appellant/ Applicant appealed to the Supreme Court praying for an order “staying further proceedings in the Court of Appeal pending the hearing and determination of the interlocutory appeal by this Honourable Court filed against the Rulings of the court below disqualifying the Justices of the court from further sitting or adjudicating over the consolidated appeals; application to disqualify counsel to the PDP and ruling on application for extension of time within which to file the 1st Respondent’s brief of argument”
HELD
Appeal dismissed
ISSUES
Whether the application does not amount to an arrest of the judgment of the lower court which is a procedure unknown to our law
RATIONES DECIDENDI
ABUSE OF COURT PROCESS-WHAT AMOUNTS TO
“To institute an action during the pendency of another one claiming the same reliefs amounts to an abuse of court process and it does not matter whether the matter is an appeal or not, as long as the previous action has not been finally disposed of. It is the subsequent action that is in abuse of the process of the court”.
ABUSE OF COURT PROCESS-CONCEPT OF
“The concept of abuse of process involves circumstance and situations of infinite variety though its common feature is the improper use of the judicial process by a party in litigation to interfere with the due administration of justice. The abuse may lie both in proper and improper use of the judicial process in litigation though generally the term is used in relation to improper use of the judicial process to the annoyance, irritation, of the opponent and the effective and efficient administration of justice, such as institution of multiple actions on the same subject matter against the same opponent on the same issue. To institute an action during the pendency of another one claiming the same reliefs amounts to an abuse of court process and it does not matter whether the matter is an appeal or not, as long as the previous action has not been finally disposed of. It is the subsequent action that is in abuse of the process of the court”. PER WALTER SAMUEL NKANU ONNOGHEN, JSC
“Where an abuse of processes occurs the courts do not take it lightly as it is not a mere irregularity. It is a fundamental vice punishable by dismissal of the offending process”.
CASES CITED
A-G Anambra State vs UBA (2005) 15 NWLR (Pt. 947) 44;|Arubo vs Aiyeleri (1993) 3 NWLR (Pt. 280) 126;|Saraki vs Kotoye (1992) 9 NWLR (Pt. 264) 156;|Ali vs Albishir (2000) 3 NWLR (Pt. 1073) 94;|Umeh vs Iwu (2008) 8 NWLR (Pt. 1089) 225,
STATUTES REFERRED TO
The 1999 Constitution of the Federal Republic of Nigeria,|The Supreme Court Act|
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