ABSTRACT

This work was preoccupied with the examination of malicious prosecution under the Nigerian law. It was pointed out that malicious prosecution is an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. It is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. This tort balances competing principles, namely freedom that every person should have in bringing criminals to justice and the need for restraining false accusations against innocent persons. Malicious prosecution is an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. It is an effort to disturb the proper functioning of the judicial machinery

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