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

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Dictum

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…”

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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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WHO IS A VICTIM IN INTERNATIONAL LAW? – (ECOWAS Court)

In essence; “A victim is anyone who suffers individual or collective harm (or pain) such as physical or mental injury, emotional suffering, economic loss, or generally any impairment of human rights as a result of acts or omissions that constitute gross violations of human rights, or serious violations of humanitarian law norms.” See The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Survivors of Violations of International Human Rights and Humanitarian Law, GA RES 60/147, PMBL, SEC IX, UN DOC A/RES/60/147 (MARCH 21, 2006).

— The Registered Trustees of Jama’a FOUNDATION v FRN ECW/CCJ/JUD/04/20 para. 65

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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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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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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...

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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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