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CRITERIA TO HAVE LOCUS STANDI

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It is the law that to have locus standi to sue, the plaintiff must show sufficient interest in the suit or matter. One criterion of sufficient interest is whether the party could have been joined as a party in the suit. Another criterion is whether the party seeking the redress or remedy will suffer some injury or hardship arising from the litigation. If the Judge is satisfied that he will so suffer, then he must be heard as he is entitled to be heard. See Chief Ojukwu v. Governor of Lagos State (1985) 2 NWLR (Pl. 10) 806; Busari v. Oseni (1992) 4 NWLR (Pt. 237) 557; Albian Construction Co Ltd. v. Rao Investment and Property Ltd. (1992) 1 NWLR (pt. 219) 583; United Bank for Africa Ltd. v. Obianwu (1999) 12 NWLR (Pt. 629) 78 … A party who is in imminent danger of any conduct of the adverse party has the locus standi to commence an action. See Olawoyin v. Attorney-General of Northern Region (1961) 1 All NLR 269; Gamioba v. Ezesi (1961) 1 All NLR 584; Olagunju v. Yahaya (1998) 3 NWLR (Pt. 542) 501.

— Niki Tobi, JSC. Pam & Anor. V Mohammed (2008) – SC.238/2007

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

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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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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NATURE OF LOCUS STANDI

Locus standi has been defined as the legal capacity to institute an action in a court of law. Where a plaintiff lacks locus standi to maintain an action, the court will lack the competence to entertain his complaint. It is therefore a threshold issue which affects the jurisdiction of the court. See Daniel v. I NEC (2015) LPELR – SC.757/2013; Thomas v. Olufosoye (1986) 1 NWLR (Pt. 18) 669, (1986) 1 NSCC 323; Opobiyi and Anor. v. Layiwola Muniru (2011) 18 NWLR (Pt. 1278) 387 at 403- F. It is also trite that in determining whether a plaintiff has the necessary locus to institute an action, it is his pleadings that would be considered by the court. The claimant must show sufficient interest in the subject matter of the dispute. See Emezi v. Osuagwu (2005) All FWLR (Pt. 259) 1891, (2005) 12 NWLR (Pt. 93) 340; Momoh and Anor. v. Olotu (1970) 1 All NLR 117; Attorney-General, Anambra State v. Attorney-General, Federation and Ors. (2005) All FWLR (Pt. 268) 1557, (2005) 9 NWLR (Pt. 931) 572.

— Kekere-Ekun, JSC. Nyesom v. Peterside (SC.1002/2015 (REASONS), 12 Feb 2016)

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WHETHER PERSON STANDING TO SUE IS THE PROPER PERSON TO REQUEST AN ADJUDICATION

When a party’s standing to sue is in issue in a case, the question is whether the person whose standing is in issue is a proper party to request an adjudication of a particular issue and not whether the issue itself is justiciable. See Oloriode v. Oyebi (1984) 1 S. C. N. L. R. 390, 392 Senator Adesanya v. President of Nigeria AND ANOTHER {1981) 2 N. C. L. R. 358. Thomas v. Olufosoye (1986) 1 N. W. L. R. (pt. 18) 669.

— Obaseki, Ag. CJN. Adebanjo v Olowosoga (1988) – SC 134/1986

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RESTRICTIVE RULES ON STANDING ARE INIMICAL TO A HEALTHY JUDICIAL SYSTEM (India)

The Supreme Court of India in Fertilizer Corporation Kamager Union v Union of India (1981) AIR (SC) 344, succinctly captured the modern Jurisprudence on locus standi as follows: “Restrictive rules about standing are in general inimical to a healthy system of growth of administrative law, if a Plaintiff with a good cause is turned away merely because he is not sufficiently affected personally, that could mean that some government agency is left free to violate the law. Such a situation would be extremely unhealthy and contrary to the public interest. Litigants are unlikely to spend their time and money unless they have some real interest at stake and in some cases where they wish to sue merely out of public spirit, to discourage them and thwart their good intentions would be most frustrating and completely demoralizing”. [This case was relied on in Abdullahi & Ors. v Government of Federal Republic of Nigeria & Ors. (ECW/CCJ/JUD/18/16) [2016] ECOWASCJ 55]

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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 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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