STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

LOCUS STANDI IS JURISDICTIONAL

Reach more audience. Place advert here.

So crucial and of utmost importance is the issue of locus standi that it has over the years attained the level of a jurisdictional status in the litigation battlefield and thus can be raised at any stage of the proceedings. It can also be raised suo motu by the Court, so far as the parties are called upon to address the Court on it, to ensure that whilst the door of the hallowed halls of the Courts in the land are open to persons with genuine grievances resulting from wrongful acts or omissions of others affecting them to approach the Court to seek redress from the temple of justice, that same door would be shut against persons who are mere busy bodies or meddlesome interlopers, without any real or genuine grievance affecting them from inundating the Courts with frivolous claims without any foundational or factual basis. See Ikeja Hotels Plc v. LSBIR (supra) @ pp. 1274 1275, See also Adesanya v. President, Federal Republic of Nigeria (supra) @ p. 854; Owodunni v. Regd. Trustee, Celestial Church of Christ (supra) @ p. 1815.

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

Was this dictum helpful?

SHARE ON

locus standi

THERE IS LOCUS STANDI WHERE CIVIL RIGHTS ARE IN DANGER – TWO TESTS FOR DETERMINING LOCUS STANDI

B.B. Apugo & Sons Ltd V. Orthopedic Hospitals Management Board (2016) 13 NWLR (Pt. 1529) 206@ p. 269: “A person has locus standi to sue in an action if he is able to show to the satisfaction of the Court that his civil rights and obligations have been or are in danger of being infringed. There are two tests for determining if a person has locus standi. They are: 1. The action must be justiciable, and 2. There must be a dispute between the parties…To have locus standi the Plaintiff’s Statement of Claim must disclose sufficient legal interest, and show how such interest arose in the subject matter of the action…”

Was this dictum helpful?

WHETHER PERSON STANDING TO SUE IS THE PROPER PERSON TO REQUEST AN ADJUDICATION

When a party’s standing to sue is in issue in a case, the question is whether the person whose standing is in issue is a proper party to request an adjudication of a particular issue and not whether the issue itself is justiciable. See Oloriode v. Oyebi (1984) 1 S. C. N. L. R. 390, 392 Senator Adesanya v. President of Nigeria AND ANOTHER {1981) 2 N. C. L. R. 358. Thomas v. Olufosoye (1986) 1 N. W. L. R. (pt. 18) 669.

— Obaseki, Ag. CJN. Adebanjo v Olowosoga (1988) – SC 134/1986

Was this dictum helpful?

LACK OF LOCUS STANDI ROBS COURT OF JURISDICTION; WHETHER A PERSON HAS LOCUS STANDI

Lack of locus standi on the part of the Plaintiff in a suit is a feature that robs any court of jurisdiction to entertain the suit before it. In order to have locus standito sue in an action, a Plaintiff must show, to the satisfaction of the court, that his civil rights and obligations have been or are in danger of being infringed. He must show that there is a nexus between his suit and the conduct of the Defendant(s). A Plaintiff must show sufficient connection to, and harm or potential harm or damage from the action complained of. It has been held that the tests for determining whether a person has locus to institute an action are that: (a) The action must be justiciable; and (b) There must be a dispute between the parties. See ANOZIA V. A.-G., LAGOS STATE (2023) 2 NWLR (PT. 1869) 545; BARBUS AND CO. (NIG.) LTD. V. OKAFOR UDEJI (2018) 11 NWLR (PT. 1630) 298; B.B. APUGO & SONS LTD VS. O.H.M.B. (2016) 13 NWLR (PT. 1529) 206.

— A. Jauro, JSC. PDP v INEC (2023) – SC/CV/501/2023

Was this dictum helpful?

COURT HAS NO JURISDICTION WHERE LOCUS STANDI IS LACKING

Locus standi connotes the legal capacity to institute an action in a Court of law. It is a threshold issue that affects the jurisdiction of the Court to look into the complaint. Where the claimant lacks the legal capacity to institute the action, the Court, in turn will lack the capacity to adjudicate. In order to have locus standi, the claimant must have sufficient interest in the suit. For instance, it must be evident that the claimant would suffer some injury or hardship or would gain some personal benefit from the litigation.

– Kekere-Ekun JSC. CITEC v. Francis (2021) – SC.720/2017

Was this dictum helpful?

INTEREST IS THE MEASURING ROD FOR AN ACTION

Para. 27 – 28: “Generally, and from a legal standpoint, the necessity for an applicant to provide justification of interest in a case is attested to by the adage that “Where there is no interest, there is no action”, and also “An interest is the measuring rod for an action”. In other words, an application is admissible only when the applicant justifies that he brings a case before a judge for the purposes of protecting an interest or defending an infringement of such. Such an interest must be direct, personal and certain.”

— Oserada v ECOWAS Council of Ministers & Ors. (2008) – ECW/CCJ/JUD/01/08

Was this dictum helpful?

AN INDIVIDUAL CAN BRING AN ACTION ON BEHALF OF A CLOSE RELATIVE – (ECOWAS Court)

An individual can bring an action on behalf of another only when Applicant is a close relation of a victim of violation of human rights. Following from the above, the Court holds that another teleological interpretation is that individuals who are not direct victims can ground an action before the Court if they are relation of the direct victim of violation of human rights. — The Registered Trustees of Jama’a FOUNDATION v FRN ECW/CCJ/JUD/04/20 para. 66

Was this dictum helpful?

No more related dictum to show.