The Abuse of Legal process in Nigeria: The Remedies

Abstract

It is trite law that the court has an inherent jurisdiction to protect itself from abuse or to see that its process was not abused. The legal practitioners as an advocate of the court must therefore pay heed to the rule of ethics which requires him never to show marked attention or unusual hospitality for judicial officers, uncalled for by the personal relations of the parties, he must therefore avoid anything calculated act to enable him or her gain or having appearance of gaining special personal consideration or favour from a judicial officer. Legal practitioners should be devoid of carrying out acts or omissions that will derail the due process of the court especially on issues like multiple institutions of actions, frivolity or reckless actions, shop-forum system, instituting different applications on the same subject matter and any form of professional misconduct at the face of the court. The judicial officers should show or adopt an adjudication method or process based on procedural rules of natural justice such like fair hearing, giving opportunity to counsel to present issues without fear and intimidation, making rulings base on substantive laws and maintain accurate case record. Timeous dispensation and conclusion of matters so that there will be an end to litigant.

Keywords: Legal process, litigant, justice, judicial process