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COURT HAS NO JURISDICTION WHERE LOCUS STANDI IS LACKING

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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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locus standi

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 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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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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AN INTERVENER’S INTEREST IN AN ACTION

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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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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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 been or are in danger of being infringed. He must show that there is a nexus between his suit and the conduct of the Defendant(s). A Plaintiff must show sufficient connection to, and harm or potential harm or damage from the action complained of. It has been held that the tests for determining whether a person has locus to institute an action are that: (a) The action must be justiciable; and (b) There must be a dispute between the parties. See ANOZIA V. A.-G., LAGOS STATE (2023) 2 NWLR (PT. 1869) 545; BARBUS AND CO. (NIG.) LTD. V. OKAFOR UDEJI (2018) 11 NWLR (PT. 1630) 298; B.B. APUGO & SONS LTD VS. O.H.M.B. (2016) 13 NWLR (PT. 1529) 206.

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

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WHEN A LARGE COMMUNITY IS AT STAKE, ACCESS TO JUSTICE IS FACILITATED

“56. There is a large consensus in International Law that when the issue at stake is the violation of rights of entire communities, as in the case of the damage to the environment, the access to justice should be facilitated. 57. Article 2 (5) of Convention of “Access to Information, Public Participation in Decision- Making and Access to Justice in Environmental Matter “defines the “public concerned” with environment protection as “public affected or likely to be affected by, or having an interest in the environment decision-making for the purposes of this definition nongovernmental organization promoting environment and meeting requirements under national law shall be deemed to have an interest”. Article 9 of the same instrument confirms the access to justice to the public concerned as defined in Article 2 (5).”

— SERAP v FRN – ECW/CCJ/APP/08/09

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