OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Kogi State holden at Isanlu delivered on 16/11/06 by Hon. Justice S. T. Husseini.
Respondent's second suit No. KGS/IHC/11/06 in the High Court of Justice, Isanlu, constitutes an abuse of court process.
The Appellants' learned counsel reiterated that the phrase, ''abuse of court process" has been explained to include when a party or a person institutes a multiplicity of actions on the same subject matter against the same opponent. On this legal principle, he relied on the case of: Saraki V. Kotoye (1992) 9 NWLR (Pt. 264) p. 156. A look at the Respondent's opponents in both suits will reveal that the Attorney-General and Commissioner for Justice, the Special Adviser on local Government and Chieftaincy matters are opponents in both suits and the introduction of new opponents in the latter suit was a deliberate ploy on the Respondent's part to deceive the court. So…