Hon. Justice Elizabeth Oji of the Lagos Judicial Division has struck out the case filed by Dr. Kolapo Adeogun against the Federal College of Education, (Technical) Akoka, Lagos for being an abuse of court process.
Justice Elizabeth held that Dr. Kolapo cannot re-litigate an already decided case awaiting appeal, that such matter is a misuse of the judicial process which should not be encouraged.
From facts, the claimant- Dr. Kolapo Adeogun had sought the sum of N6,182,885.25 being his alleged salary and emoluments from the 1st March 2018 to 31st January 2020 amongst others.
In defense, the defendant- Federal College of Education, (Technical) Akoka, urged the court to dismiss the case in its entirety for lack of jurisdiction on the ground that the suit constitutes an abuse of court process having finally decided by the court that the instant issue cannot give rise to any valid fresh claim.
The learned counsel to the institution, M. O. Akhuamheokhum Esq maintained that for the Court to assume jurisdiction over the claims sought by Dr. Kolapo might result in absurdity and is likely to produce conflicting decisions by the same court, on the same issue, same subject matter, between same/substantially same parties.
In opposition, Dr. Kolapo counsel, Akinyemi Gboromiro Esq submitted that a comparison of the complaint and the fact in the instant suit with the already decided case shows that the present suit is founded on an entirely different set of facts and issues; urged the court to grant the reliefs sought
After careful evaluation of the submission of both parties, delivering the ruling, the presiding Judge, Justice Elizabeth Oji held that there is no distinction in the facts between the present suit and the already decided case.
Justice Oji ruled that once an issue has been decided by a court, it cannot be re-opened.