Court Judgements, Owan-Enoh And Way Forward For APC Divided Members In C’River


How many suits will a party file to entitle him or her to get relief or succor from the Court ? This question has become pertinent in view of the tendency of the disgruntled group of APC Cross River in filing numerous cases seeking the same reliefs against the same people . So far this group has filed two (2) before the High Court of the Federal Capital Territory, Abuja; one (1) case before the Federal High Court , Abuja ( presided over by Justice Inyang Ekwo) and one (1) before the Federal High Court, Calabar ! There are also two appeals pending before the Court of Appeal , Abuja concerning judgments delivered by the High Court of the Federal Capital Territory, Abuja . I want to say that the right to access to court is constitutionally guaranteed. However , since no right is absolute ; there is equally a corresponding duty to exercise such a right in a responsible manner. Thus, the law bars a party from filing multiplicities of law suits in different courts against the same defendants concerning the same subject matters . When a party indulges in forum shopping and filing of multiplicities of cases , such a party is said to be abusing the due process of the court . In other words , the filing of multiplicities of cases by a party before different courts or the same courts against same defendants concerning the same subject matters constitute an abuse of court process . The penalty for indulging in abuse of court process is a dismissal of your case when the court adjudged that such a party has indulged in the filing of multiplicities of cases. So , I don’t understand the desperation that you will drive a party to be filing of different law suits against the same set of defendants before different courts or same courts seeking the same reliefs ! It is settled law that both the Federal High Court and the High Court of the Federal Capital Territory , Abuja have concurrent or coordinate jurisdiction . What is concurrent jurisdiction ? It is an authority that has been conferred on 2 or more courts to hear and decide similar cases. What is coordinate jurisdiction ? Coordinate jurisdiction means more than one court has the authority to hear a case and make a determination on the outcome of the case. Coordinate jurisdiction exists in court systems where there are multiple courts. When multiple courts have concurrent jurisdiction over a claim, plaintiffs may deliberately pick the forum most favorable to them. In Nigeria , Federal courts and state courts have concurrent jurisdiction to hear many types of actions.
Coordinate jurisdiction is also known as concurrent jurisdiction or overlapping jurisdiction. It follows that it is an abuse of court process for the disgruntled group in Cross River APC to be filing multiplicities of cases concerning the Governorship Primary election and the Ward/ Local Government Congresses! I also don’t understand why Judges are indulging these people and lending their hallowed fora of the Courts to these set of desperate litigants ! It is surely exposing the courts to public odium and ridicule ! It doesn’t inspire confidence in the judicial system . There must be an end to litigation ! This is a fundamental principle of our jurisprudence ! I urge Senator Joe Owan Enoh to take concerted steps to bring this nonsense to an end ! Enough is enough ! Okoi Obono-Obla

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