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AN INTERVENER’S INTEREST IN AN ACTION

Dictum

para. 34: “In general, “interest in an action” is appreciated with reference to the orders sought in the applications of an Intervener possessing an interest in the resolution of the dispute submitted to the court, and when these orders have no other purpose than to support or reject the order by another party.”

Ugokwe v FRN (2005) – ECW/CCJ/JUD/03/05

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INDIVIDUAL PLAINTIFF MUST SHOW MANDATE TO ACT ON BEHALF OF PEOPLE; NGO HAS WIDE ACCESS

Para. 16: “For the Plaintiffs to access the court for and on behalf of the people of Niger Delta, they need the mandate upon which they act and when questioned must establish consent of the people or a justification for acting without such consent. This is different where the Application is brought by an NGO. While the NGO’s enjoy a wide range of access to Court on behalf of individuals, the individuals on the other hand have access mainly in their personal capacity on alleged human rights violations and approaching the Court in a representative capacity requires authorization.”

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

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WHAT IS LOCUS STANDI

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...

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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...

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IF PLAINTIFF RIGHT IS AFFECTED THERE IS LOCUS STANDI

ALEX OLADELE ELUFIOYE & ORS VS IBRAHIM HALILU & ORS (1993) – SC. 310/1989: “Once the civil rights and obligations of the plaintiffs as individuals are affected, as I hold they are here the courts in exercise of their judicial power set out above can look into such rights and obligations, and for that purpose...

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