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WHAT IS LOCUS STANDI

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In law therefore, locus standi denotes the right standing of a person to sue over a wrong allegedly done to him. It is the totality of the right conferred on a person who approaches a Court to seek remedy to have the right standing to seek particular remedy. It is for this reason that in law a person without the requisite locus standi, no matter the colossal nature of the injury or damages allegedly done or suffered, cannot sue or have the right standing in a Court of law to seek redress over such an alleged injury or damage done in which he has no or cannot show his locus standi to sue. Such a person can simply or safely be described as meddlesome interloper. See Owodunni v. Regd. Trustees, Celestial Church of Christ (2009) FWLR (Pt. 9) 1488. See also Ikeja Hotels Plc v. LSBIR (2005) All FWLR (Pt. 279) 1260. Abubakar v. Bebeji Oil and Allied Products Ltd. (2007) All FWLR (Pt. 362) 1855; NPA Plc v. Lotus Plastic Ltd. (2006) All FWLR (Pt. 297) 1023; Taiwo v. Adeboro (2013) All FWLR (Pt. 584) 53; Adesanya v. President, Federal Republic of Nigeria (2001) FWLR (Pt. 46) 859; Amah v. Nwankwo (2008) All FWLR (Pt. 411) 479.

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

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PERSON MAY HAVE STANDING TO SUE YET DISABLED

Locus standi which simply means capacity or standing of a claimant to institute an action by more than one person. A person may have the standing to sue, yet have his suit disabled by the procedure he has adopted.

— A.B. Mohammed, JCA. ITDRLI v NIMC (2021) – CA/IB/291/2020

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A VICTIM IS A PERSON WHO SUFFERS HARM DIRECTLY OR INDIRECTLY – (ECOWAS Court)

It follows from the above that a victim can be a person who suffers directly or indirectly any harm or pain (physical or mental injury), emotional suffering (through loss of a close family member or relation), economic loss (loss of Properties) or any impairment that can be categorized as human rights violation. Additionally, other than the loss, harm or damage, an Applicant must prove an interest in the matter which must be direct and personal. This Court has through several decisions made exception for individuals and organizations who have not suffered directly or personally to institute actions in a representative capacity on behalf of victims.

— The Registered Trustees of Jama’a FOUNDATION v FRN ECW/CCJ/JUD/04/20 para. 67

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WHAT IS LOCUS STANDI?

Locus standi , which is a Latin word simply means a place of standing. It is the legal right of a party to an action to be heard in Litigation before the Court or Tribunal. The term denotes, the right of a party to institute an action in a Court of Law or seek judicial enforcement of a duty. See Senator Adesanya vs. President FRN (1981) 5 SC 112, Adesolakan Vs. Adegbo vs. A. G, Lagos State (2012) All FWLR (Pt 631) 1522. Locus standi thus, entails the legal capacity of instituting or commencing an action in a competent Court of Law without any inhibition, obstruction or hindrance from any person or body whatsoever. Whenever a person’s Locus to sue is in issue, as in this appeal, the question is really whether the person whose standing is in issue, is the proper person to request an adjudication over the dispute he has brought for adjudication. The issue at this stage, is whether the Plaintiff or the person whose locus is challenged, has disclosed sufficient interest in the dispute or the subject matter of the dispute.

— A.A. Wambai, JCA. Skye Bank v. Haruna & Ors. (CA/K/264/2011, 17th December, 2014)

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RESTRICTIVE RULES ON STANDING ARE INIMICAL TO A HEALTHY JUDICIAL SYSTEM (India)

The Supreme Court of India in Fertilizer Corporation Kamager Union v Union of India (1981) AIR (SC) 344, succinctly captured the modern Jurisprudence on locus standi as follows: “Restrictive rules about standing are in general inimical to a healthy system of growth of administrative law, if a Plaintiff with a good cause is turned away merely because he is not sufficiently affected personally, that could mean that some government agency is left free to violate the law. Such a situation would be extremely unhealthy and contrary to the public interest. Litigants are unlikely to spend their time and money unless they have some real interest at stake and in some cases where they wish to sue merely out of public spirit, to discourage them and thwart their good intentions would be most frustrating and completely demoralizing”. [This case was relied on in Abdullahi & Ors. v Government of Federal Republic of Nigeria & Ors. (ECW/CCJ/JUD/18/16) [2016] ECOWASCJ 55]

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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

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STATEMENT OF CLAIM HAS TO BE SCRUTINIZED TO DETERMINE LOCUS STANDI

It cannot be disputed that the question whether or not a plaintiff has a locus standi in a suit is determinable from a totality of all the averments in his statement of claim. In dealing with the locus standi of a plaintiff, it is his statement of claim alone that has to be carefully scrutinized with a view to ascertaining whether or not it has disclosed his interest and how such interest has arisen in the subject-matter of the action. Where the averments in a plaintiffs statement of claim disclose the rights or interests of the plaintiff which have been or are in danger or being violated, invaded or adversely affected by the act of the defendant complained of, such a plaintiff would be deemed to have shown sufficient interest to give him the locus standi to litigate over the subject-matter in issue.

– Abba Aji JSC. CITEC v. Francis (2021) – SC.720/2017

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