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

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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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locus standi

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...

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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...

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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...

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WHY LOCUS STANDI WAS EVOLVED

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...

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MEANING OF LOCUS STANDI; LOCUS STANDI IS A THRESHOLD ISSUE

The term locus standi is a Latin term which translates to “place to stand”. It refers to the legal right of a person, natural or artificial, to file a suit. It is sometimes used interchangeably with terms like “standing”, “standing to sue” and “title to sue”. Unquestionably, the issue of locus standi is a threshold...

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CLOSE RELATION MAY SUE, WHERE DIRECT VICTIM IS UNABLE TO SUE – (ECOWAS Court)

In STELLA IFEOMA & 20 ORS V. FEDERAL REPUBLIC OF NIGERIA (2015) thus: “when it becomes impossible for him whose right is violated to insist on that right or to seek redress, either because he is deceased or prevented in one way or the other from doing so, it is perfectly normal that the right to bring his case before the law Courts should fall on other persons close to him…” This was further emphasized when the Court held that: “if for any reason, the direct victim of the violation cannot exercise his/her rights, in particular, for being irreversibly incapacitated or having died as a result of the violation, the closest family members can do so, while assuming the status of indirect victims.”

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