VEXATIOUS LITIGANTS
Vexatious litigation is a legal action that is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or maybe a repetitive, burdensome litigation that is devoid of merit.
Vexatious litigants are individuals who persistently take legal action against others in cases without any merit, who are forbidden from starting civil cases in courts without permission. The vexatious litigant may also be referred to as a “serial” or “malicious” litigant.
A vexatious litigant frustrates the function and operation of the Court by manipulating the system for unjust purposes, usually to annoy, upset, or burden the relevant respondent, or the Court itself. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.
Vexatious litigants are banned from starting court cases without permission. Nigerian courts have inherent powers to deal with vexatious litigants or frivolous claims.
Furthermore, when an action is pending and a similar action of the same nature is instituted against the same party, the court where the later action is brought would have no other cause than to strike out the later action for being an abuse. This is simply because the judicial power which is conferred on the court is only intended to be used in deciding genuine issues or cases or controversies, and is not meant or intended to be used for the purpose of annoying or intimidating an adversary or the judge or for causing multiplicity of proceedings in piecemeal and uncompleted as the claimants have done in the present case. Where two actions are commenced, the second asking for a relief which may have been obtained in the first, the second action is prima-facie vexatious and an abuse of court process.
It is submitted in Tofi vs. U.B.A (1978) 3 NWLR (Pt. 62) 707; Ikomi vs. The State (1986) 3 NWLR (Pt. 28) 340. that in such cases, a the court has inherent power to strike out an action that is frivolous, vexatious and an abuse of its process.
Some jurisdictions have a list of vexatious litigants (for example the United Kingdom): people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in this abuse of the legal process, vexatious litigants are often unable to retain legal counsel, and such litigants, therefore, represent themselves in court. Litigants must desist from frivolity and respect the sanctity of the court.
It is of paramount importance and indeed most desirable to encourage citizens to come to court in order to have the Constitution interpreted. However, this is not to say, with respect, that meddlesome interlopers, professional or vexatious litigants, or the like should be encouraged to sue in matters that do not directly concern them. In my view, to do that is to open the floodgate to frivolous and vexatious proceedings.
See Dr. H. M. Iwuoha & ors v Alvan Ikoku Federal College of Education, Owerri & ors.
FROM THE DIRECTORATE OF RESEARCH
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