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

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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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WHY LOCUS STANDI WAS EVOLVED

In INEC v. Ogbadibo LGC (2014) 22640(CA) 24-25, F-C, by Ogbuinya, JCA as follows:
“From the etymological perspective, the cliche expression, locus standi, traces its roots to Latin Language which means: “place of standing”. In its expounded legal form, locus standi denotes the legal right or capacity of a person to institute an action in a Court of law when his right is trampled upon by somebody or authority. The locus classicus on locus standi in the Nigerian jurisprudence is the case of Adesanya V The President, FRN (1981) 5 SC 112; (1981) 2 NCLR 358… Locus standi was evolved to protect the Court from being converted into a jamboree by professional litigants or meddlesome interlopers who have no interest in matters, See Taiwo V Adegboro (2011) 11 NWLR (Pt. 1159) 562″

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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 issue, and in order for a court to have jurisdiction, the Plaintiff must have locus standi to commence or file the action. Put differently, if a Plaintiff lacks the legal right to institute an action, no court will in turn have the power or competence or jurisdiction to entertain the suit. A Plaintiff’s locus Page 20 of 41 standi is inextricably linked with the jurisdiction of the court as once a Plaintiff lacks locus, the court is also bereft of jurisdiction. See AKANDE V. JEGEDE (2022) 14 NWLR (PT. 1849) 125; AJAYI V. ADEBIYI (2012) 11 NWLR (PT. 1310) 137; B.M.LTD. V. WOERMANN-LINE (2009) 13 NWLR (PT. 1157) 149.

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

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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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STATEMENT OF CLAIM HAS TO BE SCRUTINIZED TO DETERMINE LOCUS STANDI

It cannot be disputed that the question whether or not a plaintiff has a locus standi in a suit is determinable from a totality of all the averments in his statement of claim. In dealing with the locus standi of a plaintiff, it is his statement of claim alone that has to be carefully scrutinized with a view to ascertaining whether or not it has disclosed his interest and how such interest has arisen in the subject-matter of the action. Where the averments in a plaintiffs statement of claim disclose the rights or interests of the plaintiff which have been or are in danger or being violated, invaded or adversely affected by the act of the defendant complained of, such a plaintiff would be deemed to have shown sufficient interest to give him the locus standi to litigate over the subject-matter in issue.

– Abba Aji JSC. CITEC v. Francis (2021) – SC.720/2017

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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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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 the plaintiffs have a locus standi before them.”

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