The trend by key players in the judiciary arm of government to sanitise the sector, and ensure adherence to court processes is commendable, just as it deserves encouragement. As a veritable third arm of government essentially charged with the dispensation of justice, the judiciary plays an indispensable pivotal role in the sustenance of democratic governance in Nigeria. Therefore, abuses of the court processes, such as filing frivolous lawsuits in court, render the judiciary impotent and constitute a significant obstacle to the administration of justice.
Therefore, the recent statement of the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, during a special session to mark the 2022/2023 legal year and the inauguration of the 62 new Senior Advocates of Nigeria, is highly instructive. The CJN blamed the pressure on the judiciary on the filing of many frivolous cases in different courts. He advised that the public should engage in less litigation and embrace Alternative Dispute Resolution (ADR) to relieve courts from unnecessary pressure. Furthermore, the CJN stated: “In every little disagreement, we rush to court, and in every lost case, we rush to appeal, even up to the Supreme Court, no matter how trivial the issue might be. This has obviously resulted in several pending appeals in the Supreme Court.”
We cannot agree more with the CJN. It is settled law that aggrieved persons should be allowed unimpeded access to law courts to seek remedies, as guaranteed in the constitution. In fact, nothing can be so loathsome as denying aggrieved persons their constitutional rights to seek remedy in law courts. However, there are many instances in which parties file frivolous lawsuits to abuse the court process or to overreach, injure, prejudice, frustrate, and work injustice against the other parties. In such instances, the abuse is evidenced by the intention of the party that initiates the court’s process to annoy, harass, vex, and oppress the other party to the suit, as opposed to their purported constitutional right to seek remedy in court. It is in this light that the late Justice Niki Tobi in the Supreme Court case of Agwasin Vs. Ojichie (2004) was able to say, “Litigation is not a game of chess where players outsmart themselves through dexterity of purpose and tricks. On the contrary, litigation is a contest by judicial process where the parties place on the table of justice their different positions clearly, plainly and without tricks.”
However, it is gladdening that some bold judges have now resorted to imposing hefty fines on lawyers and litigants in order to prevent them from filing frivolous cases in court. For instance, on February 26, 2020, the Supreme Court fined two popular members of the Bar N10 million each for respectively bringing vexatious and frivolous cases to court. The Supreme Court Justices were so angry with the duo that they ordered each of them to pay N10 million to each of the three respondents from their own pockets. While delivering the judgment, Justice Amina Augie said: “I cannot believe, and with tears in my eyes, I say I cannot believe that in my lifetime, I will see very senior members of the Bar bring applications of this nature to this court, which are aimed at desecrating the sanctity of this court, fouling its well-known principle that the decision of this court is final and destroying the esteem in which this court is held.”
In March, the Lagos High Court sitting at Yaba ordered a legal practitioner to pay a N10 million fine for encouraging his client to file a suit that had already been decided at another Lagos High Court and the Court of Appeal. On May 26, the Court of Appeal, Abuja division, imposed an even heftier fine of N40 million on a former presidential candidate for filing a frivolous appeal in court. Shortly after that, the Federal High Court sitting in Abuja wielded the big stick against a legal practitioner for filing a frivolous suit. While dismissing the suit as frivolous and premised on recklessness and a complete lack of knowledge of the elementary principles of law as they relate to the Constitution and Electoral Act, 2022, the court ordered the legal practitioner to pay a gargantuan sum of N20 million in fines. Similarly, the Federal High Court in Abuja on June 6 awarded a N10 million fine against a former Minister of State for Labour and Productivity, Mr. Festus Keyamo, SAN, for filing a frivolous suit against the Peoples Democratic Party (PDP) candidate in the last presidential election. In fact, the judge ordered Keyamo to pay N5 million each to the PDP Presidential candidate Abubakar Atiku and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
While it is not uncommon for some lawyers to file frivolous cases, it is important to note that the vast majority of lawyers strive to uphold ethical standards and ensure the cases they file have merit. However, it is obvious that some lawyers file frivolous cases on behalf of their clients in order to earn more professional fees. Some do it out of reprehensible ignorance. Others primarily file political cases in court to gain publicity, regardless of the frivolity of the action. This is why some judges now impose sanctions on lawyers, who bring meritless claims before the court, holding them accountable for wasting the court’s time and resources. This can serve as a deterrent for lawyers who might be tempted to file frivolous lawsuits.
Consequently, in conformity with their professional ethics, lawyers should advise their clients against filing frivolous cases. Failure to do so should result in the courts continuing to award heavy costs against the lawyers. Lawyers should always adhere to their professional ethics. They should refrain from misguiding an aggrieved party by giving false hope that they can win their case in court. After all, the legal profession has rules and regulations that govern the conduct of lawyers, and they are expected to exercise their professional judgment when deciding to file a case. Lawyers have a duty to their clients and to the court to present legitimate legal claims and arguments in courts. Lawyers can advise their clients on the likelihood of success and the potential costs involved in pursuing a meritless claim.
Conversely, courts should encourage the use of mediation and alternative dispute resolution mechanisms as alternatives to litigation. These processes can help parties find mutually acceptable solutions without resorting to lawsuits, reducing the likelihood of frivolous cases being filed. Courts can implement efficient case management systems to promptly identify and dismiss frivolous cases at an early stage. This can help prevent the unnecessary burden on the court system and deter lawyers from initiating baseless litigation.
Like many other public sectors, the country’s judiciary has not been spared in the crisis of integrity that has afflicted the country over the last eight years. But for an arm that is meant to be the last hope of the common man, such a crisis is embarrassing, and should not be allowed to degenerate through abuse of court processes. Preventing such an unwholesome situation calls for the active collaboration and cooperation of everyone, lawyers, judges and litigants inclusive.
It is important to strike a balance between preventing frivolous cases and ensuring access to justice. While discouraging frivolous lawsuits, it is crucial to protect individuals’ legitimate constitutional rights to seek legal remedies when they have a valid claim.
