Law Simplified Video
Begin with our short Law Simplified video for a concise explanation of this legal topic. Then continue reading for a more detailed discussion below.
Introduction
In Nigerian legal practice, the concept of forum shopping has attracted severe criticism from the courts. Several appellate decisions have described the practice as an abuse of judicial process, aimed at securing a favourable outcome by manipulating the choice of court or jurisdiction.
The Court of Appeal in SOUTHWESTERN LAW SCHOOL & ORS v. PRESIDENT (2022) LPELR-58985(CA) aptly defined forum shopping as “the practice of choosing the most favourable territorial jurisdiction or Court in which a matter or cause may be entertained or adjudicated upon.” This definition reflects the courts’ recognition of the tactic as a deliberate and often unethical choice of venue.
Similarly, in IDEMUDIA v. IGBINEDION UNIVERSITY, OKADA & ORS (2015) LPELR-24514(CA), the Court described it as a “rather reprehensible practice,” elaborating that it involves filing a suit in a jurisdiction known for generous monetary awards, or filing multiple suits with the intention of pursuing the one assigned to a preferred judge. This behaviour undermines the integrity of the judicial process and clogs court dockets unnecessarily.
The Court of Appeal in EFCC v. BAKURA & ORS (2024) LPELR-62225(CA) reaffirmed this stance, describing the Respondents’ choice of a distant and seemingly “friendly” court as an example of forum shopping and “a species of abuse of judicial process.” The Court in that case referred to the Supreme Court decision in MAILANTARKI v. TONGO & ORS (2017) LPELR-42367(SC), which unequivocally condemned the filing of a suit far from the location of the cause of action solely to gain an advantage.
In OKOYOMON v. AG OF THE FEDERATION (2015) LPELR-25976(CA), the Court equated forum shopping to judge-shopping, highlighting that it involves selecting a judicial division in the hope of securing a favourable hearing or result. Filing several suits in the same court system with the hope that one ends up before a desired judge exemplifies this kind of procedural abuse.
These decisions collectively establish that forum shopping is not merely frowned upon but is treated as an abuse of judicial process, capable of attracting sanctions, including the dismissal of the suit.
By choosing to litigate in the proper jurisdiction — usually where the cause of action arose or where the defendant resides or conducts business — parties can avoid unnecessary delays, costs, and the risk of dismissal.
Disclaimer:
This blog post is for informational purposes only and does not constitute legal advice. Readers are encouraged to consult a qualified legal practitioner for advice specific to their circumstances.
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