TITLE OF ARTICLE: Judicial Attitude towards Abuse of Court Process: an Appraisal
AUTHORS:
AKINOLA O. BUKOLA, Akinola O. Bukola, Lecturer, Nigerian Law School, Enugu Campus; LL.B (Hons) B.L, LL.M
ADURE UZO-PETERS, Adure Uzo-Peters, LL.B (Hons.), (Ibadan), B.L
ABSTRACT:
This paper is an anatomy of the Nigerian concept of abuse of court process. The paper attempts to define the concept of abuse of court processes within the confines of judicial pronouncements by the Nigerian courts. The paper further exposes the diverse acts which culminate in such an abuse of court processes in Nigerian jurisprudence. The paper also analyses the response of the Nigerian courts and the measures hitherto taken to nip it in the bud. In order to please a client, lawyers file all manner of court processes in order to stall the major ends of justice. This is the practice nowadays and it is ridiculous because it negates the spirit and the intent of the Rules of Professional Conduct for Legal Practitioners 2007. This paper will be incomplete without the appropriate recommendations on practical steps which must be taken by all stakeholders in the justice sector in the nearest future to tame the monster of abuse of court process. Deliberate delays and constant application for adjournment are crafts designed by lawyers particularly in Nigeria to frustrate the ends of justice. There must be a way out. This paper recommends legislative measures to regulate the conduct of the bar and bench towards a better administration of justice devoid of abuse of court process.