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WHY LOCUS STANDI WAS EVOLVED

Dictum

In INEC v. Ogbadibo LGC (2014) 22640(CA) 24-25, F-C, by Ogbuinya, JCA as follows:
“From the etymological perspective, the cliche expression, locus standi, traces its roots to Latin Language which means: “place of standing”. In its expounded legal form, locus standi denotes the legal right or capacity of a person to institute an action in a Court of law when his right is trampled upon by somebody or authority. The locus classicus on locus standi in the Nigerian jurisprudence is the case of Adesanya V The President, FRN (1981) 5 SC 112; (1981) 2 NCLR 358… Locus standi was evolved to protect the Court from being converted into a jamboree by professional litigants or meddlesome interlopers who have no interest in matters, See Taiwo V Adegboro (2011) 11 NWLR (Pt. 1159) 562″

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QUESTIONS TO CONSIDER IN RESPECT OF LOCUS STANDI

The pertinent questions to consider here are: has the Appellant who was the Plaintiff been able to show sufficient nexus between itself and the purported actions of the Respondents? Has the Appellant been able to demonstrate that its civil rights and obligations have been or are in danger of being infringed? Has the Appellant been able to show that the purported actions of the Respondents have harmed it or stand to potentially harm it? Is the Appellant’s suit justiciable? Is there a dispute between the Appellant and the Respondents?

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

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TO CHALLENGE A LAW, AN INDIVIDUAL MUST SHOW THAT HE IS DIRECTLY AFFECTED

Para. 16: In Aumeeruddy-Cziffra and Others v. Mauritius (Communication No. R.9/35) 9 April 1981, the United Nations Human Rights Committee pointed out that to bring an Application before it, an individual must be actually affected ‘by the act complained of and that no individual can in the abstract, by way of actio popularis, challenge a law or practice claimed to be contrary to the Covenant’.

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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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DECIDING WHETHER A CLAIMANT HAS LOCUS STANDI

Having held as above, what is the position of the law on the issue of locus standi? In law, deciding whether a Claimant has the requisite locus standi is a function of whether the claim he makes has disclosed his sufficient interest in the subject matter and to determine this it is the averments of the Claimant in his pleadings that the Court has to look at and critically examine to see if it discloses his interest sufficient enough to clothe him with the requisite locus standi to sue.

— 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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DEFINITION OF LOCUS STANDI

In B.B. Apugo & Sons Ltd V. OHMB (2016) LPELR-40598(SC) per Kekere-Ekun, JSC 23, B-E, defined locus standi thus: “Locus standi is the legal right of a party to an action to be heard in litigation before a Court or tribunal. The term connotes the legal capacity of instituting or commencing an action in a competent Court of law or tribunal without any inhibition, obstruction or hindrance from any person or body whatsoever. It is also the law that to have locus standi to sue, the plaintiff must have sufficient interest in the suit. For instance, one of the factors for determining sufficient interest is whether the party seeking redress would suffer some injury or hardship from the litigation…”

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PETITION ON BEHALF OF VICTIMS MUST BE SUBMITTED WITH THEIR CONSENT

Para 16: “Where a petition is submitted on behalf of a victim, it must be with their consent, unless submitting it without their consent can be justified. Such justification would be the case of serious or massive violations pursuant to article 58 of the African Charter or a documented and well-reasoned problem for the victims in doing so themselves.”

— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17

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