their action against all the Defendants and herein declare that we determine that
this Motion does not amount to an abuse of court process.
8.1.8. Even in the cases AMOUZOU Henri, and El-hadji Tidjani Aboubacar
cited above, we observe that the Court has been liberal in allowing Applicants to
withdraw or discontinue their cases. Further, our Rules provide for the award of
costs of the parties in prosecuting their respective sides of the case, so that they do
not incur unnecessary expenses or experience financial losses. For one thing, the
withdrawal or discontinuance of a case saves/reserves the time and resources of the
court and the parties to engage in other endeavors; further, it lessens the burden
and strain on them; most importantly, it speaks to the honor and ethics of the party
- 30 withdrawing or discontinuing the case if he knows it is no longer worth the effort,
time and exercise to continue in a bad case, or an illegal venture, or a fruitless and
frivolous exercise. We therefore follow the tradition of our predecessors to grant an
application of the Plaintiffs to withdraw or discontinue their case. See
ECW/CCJ/RUL/29/15, delivered December 02, 2015, supra.
8.3. The second and final issue we shall address ourselves to is what constitutes
abuse of court process, and does it exist in this instant case?
8.3.1. Abuse of Court process is a term generally applied to a proceeding which is
wanting in bona fide, and is frivolous, vexatious and oppressive. Abuse of court
process is when a party improperly uses judicial processes to the harassment,
annoyance and irritation of his opponent and to interfere with the administration of
justice. Saraki vs. Kotoye (1992) 9 NWLR (pt 280) 131; Amaefuna vs State
(1988) 2 NWLR (pt 75) 156 at 177.
8.3.2. The 4th and 5th Defendants /Respondents have contended that this suit is an
abuse of court process because it is similar in all respects to three prior cases
already filed involving the same parties, the same subject matter and the same
source and transaction. The cases are:
ECW/CCJ/APP/06/12 between Vincent Agu and 19 others vs. Federal republic of
Nigeria, ministry of Defense, R.S.B. Holdings Nigeria Ltd., Deminers Concept
Nigeria Ltd., and the Attorney General of the Federation;
FHC/OW/CS/93/2014 between Dr. Ignatius Nnanna Onyenekwu and Mrs.
Chinyere Onyegekwu vs. R.S.B. Holdings Nigeria Ltd., Deminers Concept
Nigeria Ltd., Dr. Emeka Uhegbu, Attorney General of the Federation, and Minister
of Defense.