Omo-Agege: Abuse of court process – Vanguard

Omo-Agege: Abuse of court process – Vanguard


By Richard Akinnola 
 Ovie Omo-AgegeExpounding of the peril of forum browsing, which is considered an abuse of Court docket route of, the Supreme court docket, per Chukwuma-Eneh, JSC stated as follows: “The term abuse of route of connotes merely the misuse of Court docket’s route of and it involves acts which otherwise intervene with the route of justice. Clearly, the acts embody the save with out cheap.
ground a celebration institutes frivolous, vexatious and oppressive actions and furthermore by instituting of multiplicity of actions or is on a frolic act of forum-browsing i.e. searching out  favourable Court docket to entertain a matter. It furthermore involves depriving the court docket of jurisdiction. Coming up from such acts the Court docket has the vitality to treat the acts as contemptuous of the Court docket which will other than resorting to the use of its coercive powers of contempt can furthermore declare the action to be stayed (as has been carried out here in the allure No. CA/S/EP/GV/10/2009 or push apart it because the case will most possible be.” – Peek Alhaji Muhammadu Maigari Dingyadi & anor. v. Impartial National Electoral Price & 2 Ors (No.2) (2010) 18 NWLR (Pt. 1224) 154 at 195.

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The Supreme court docket in a form of conditions, has veritably frowned on the flagrant abuse of court docket processes, in particular on identical matters that had been beforehand litigated.
It’s miles in distinction backdrop that l perceive basically the most up-to-date swimsuit filed on the Federal High court docket, Abuja by an amorphous community known as the Incorporated trustees of Empowerment  for unemployed Youths Initiative, searching out  an declare for the withdrawal of certificate of return issued to the Deputy Senate president, Senator Ovie Omo-Agege.
In the swimsuit, the claimant is claiming that the deputy Senate president “is now not a match and appropriate particular person”  to be so elected, having been allegedly convicted by a Los Angeles, California Teach Bar court docket on November 30, 1995.
The claimant additional averred that Omo-Agege modified into allegedly sentenced to jail phrases and suspended from legislation be aware for 2 years for alleged legal.
Curiously, the gravamen of these claims admire been beforehand pooh-poohed by one more Abuja court docket as being patently wrong.
On January 30, this year, an Abuja High court docket had stated that there modified into no evidence that Senator Omo-Agege modified into convicted in the United States.
The Federal Capital Territory (FCT) High Court docket sitting in Bwari had disregarded a swimsuit searching out the casting off of Senator Ovie Omo-Agege as deputy senate president.
As reported in the Leading edge of January 30, 2020, the swimsuit  by the Incorporated Trustees of Patriotic Formative years Organisation of Nigeria, had requested the court docket to void Omo-Agege’s election on the grounds that he submitted wrong knowledge to the Impartial National Electoral Price, INEC.
The community alleged that the deputy Senate president dedicated perjury when he denied been convicted by any court docket of legislation in the United States of The United States, the matter matter of this new swimsuit.
But in his judgment,  Justice Othman Musa, held that the defendant modified into now not guilty of perjury as alleged by the claimants.
The purchase mentioned the case against the Senator in the US modified into a non-legal trial by a judicial commission of inquiry in California, which did now not amount to a conviction.
He added that since Omo-Agege challenged the case on the US Supreme Court docket and acquired, he modified into now not obligated to declare such knowledge to INEC sooner than contesting an election.
In brushing off the swimsuit, the court docket awarded N1 million as charges against the claimant.
Interestingly, it’s on this same subject matter that had been litigated upon, that this new community is equally asking the court docket to adjudicate, a trek which quantities to a flagrant abuse of court docket route of.
This has veritably been frowned at by the Supreme court docket in a plethora of conditions.
In  Lokpobiri v. Ogola(2016) 3 NWLR (pt. 1499) 328 at 367- 388 paras E-F; Ladejo v. Ajimobi (2016) 10 NWLR (PT. 1519) 88 at 128 paras A-B, the court docket held that the save a court docket involves the conclusion that its route of is being abused, the becoming declare to agree with is that of dismissal of the scheme.
Without prejudice to the merit or otherwise of the hot matter, it is some distance severe to appreciate the sanctity of our judiciary by now not exposing it to ridicule with multiplicity of conditions on same subject matter that had been beforehand litigated.
In the case of PDP v. Sheriff (2017) 15 NWLR (PT. 1588) 219 at 265-266 paras D-G, the Supreme court docket court docket held thus:
“….the premise of the guideline on abuse of court docket route of is the true possibility of two conflicting decisions in appreciate on one and the same subject matter. So, it is some distance tidy that the concerns general to each events are heard and decided in honest one court docket”.
It’s miles my regarded as perceive that for the explanation that subject matter of this new swimsuit had been litigated upon and judgement delivered, it quantities to an abuse of court docket route of to as soon as more subject the court docket on one more tortuous proceed, in the same court docket of coordinate jurisdiction.

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