STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

LACK OF LOCUS STANDI ROBS COURT OF JURISDICTION; WHETHER A PERSON HAS LOCUS STANDI

Reach more audience. Place advert here.

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

Was this dictum helpful?

SHARE ON

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)

Was this dictum helpful?

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)

Was this dictum helpful?

LOCUS STANDI IS JURISDICTIONAL

So crucial and of utmost importance is the issue of locus standi that it has over the years attained the level of a jurisdictional status in the litigation battlefield and thus can be raised at any stage of the proceedings. It can also be raised suo motu by the Court, so far as the parties are called upon to address the Court on it, to ensure that whilst the door of the hallowed halls of the Courts in the land are open to persons with genuine grievances resulting from wrongful acts or omissions of others affecting them to approach the Court to seek redress from the temple of justice, that same door would be shut against persons who are mere busy bodies or meddlesome interlopers, without any real or genuine grievance affecting them from inundating the Courts with frivolous claims without any foundational or factual basis. See Ikeja Hotels Plc v. LSBIR (supra) @ pp. 1274 1275, See also Adesanya v. President, Federal Republic of Nigeria (supra) @ p. 854; Owodunni v. Regd. Trustee, Celestial Church of Christ (supra) @ p. 1815.

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

Was this dictum helpful?

CRITERIA TO HAVE LOCUS STANDI

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

Was this dictum helpful?

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

Was this dictum helpful?

INTEREST IS THE MEASURING ROD FOR AN ACTION

Para. 27 – 28: “Generally, and from a legal standpoint, the necessity for an applicant to provide justification of interest in a case is attested to by the adage that “Where there is no interest, there is no action”, and also “An interest is the measuring rod for an action”. In other words, an application is admissible only when the applicant justifies that he brings a case before a judge for the purposes of protecting an interest or defending an infringement of such. Such an interest must be direct, personal and certain.”

— Oserada v ECOWAS Council of Ministers & Ors. (2008) – ECW/CCJ/JUD/01/08

Was this dictum helpful?

No more related dictum to show.