Introduction
In a constitutional democracy governed by the rule of law, disputes must be resolved through legally recognized channels. Nigerian courts have repeatedly affirmed that parties who bypass the judicial process and resort to self-help will find no refuge in the courts, no matter how aggrieved they may feel.
What is Self-Help in Legal Context?
Self-help refers to a situation where a party takes unilateral action to enforce or protect a perceived right without court authorization. It includes acts such as forcibly evicting a tenant, demolishing a disputed structure, or ignoring a court order under the guise of appeal.
The Legal Position in Nigeria
In Gbejuade v. Gbejuade & Anor (2017) LPELR-41977(CA), the Court made it clear that:
“Self-help is unlawful. This Court and indeed every Court in this country will not condone any resort to self-help.”
– Per Abimbola Osarugue Obaseki-Adejumo, JCA
Why Courts Condemn Self-Help
The Court in Achebe v. Mbanefo & Anor (2017) LPELR-41884(CA)restated the foundational principle that:
“No citizen is to take the laws into their hands. Courts of Justice do not encourage self-help. Grievances should be submitted to the Courts of law and equity for determination.”
– Per Joseph Tine Tur, JCA
In Mato v. State (2024) LPELR-61725(CA),where a violent altercation arose after the destruction of farmland, the Court condemned mob action and emphasized that:
“The law does not allow for self-help… every aggrieved person is expected (and should be advised) to channel his anger and frustration through lawful means, to get redress.”
– Per Ita George Mbaba, JCA
Effect of Resorting to Self-Help During Litigation
Where a matter is pending in court, parties must maintain the status quo. In Iwuji & Ors v. Governor of Imo State & Ors (2014) LPELR-22824(CA), the Court stated:
“Once parties have submitted their disputes to the Court… no party has the right to take the matter into his own hands… the Court has the inherent power to set aside such acts which tend to ridicule the Court.”
– Per Uwani Musa Abba Aji, JCA
Similarly, in Elias & Anor v. Ecobank (Nig) Plc (2015) LPELR-41003(CA), where the appellants demolished the disputed structure during litigation, the Court refused to validate the act:
“It is unconscionable for litigants to resort to self-help after submitting issues to court.”
– Per Abimbola Osarugue Obaseki-Adejumo, JCA
Supreme Court’s Position on Self-Help and Disobedience
In the landmark case APC & Ors v. Karfi & Ors (2017) LPELR-47024(SC), the Supreme Court was unequivocal:
“Self-help has no place in a democratic society that savours the Rule of law… No party in litigation is permitted to unilaterally alter the status quo to foist a fait accompli.”
– Per Ejembi Eko, JSC
The Court warned that disobedience to court orders in the guise of urgency or convenience undermines the judiciary and the rule of law.
Key Takeaways
Courts will not condone any act of self-help.
Once a dispute is submitted to court, parties must refrain from unilateral action.
Even if a party feels aggrieved, they must wait for the court’s decision.
Any steps taken during litigation to overreach the other party will be reversed by the court.
Disobedience to a court order can nullify any equitable relief a party may be entitled to.
Final Word
Whether it is a land dispute, commercial disagreement, or political contest, the courts remain the only legally recognized forum for adjudication. Any party that takes the law into their hands risks legal sanctions and the reversal of their actions.
Disclaimer:
This article is for general informational purposes only and does not constitute legal advice. For specific legal concerns or disputes, please consult a qualified legal practitioner.
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