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MEANING OF LOCUS STANDI; LOCUS STANDI IS A THRESHOLD ISSUE

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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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INDIVIDUAL PLAINTIFF MUST SHOW MANDATE TO ACT ON BEHALF OF PEOPLE; NGO HAS WIDE ACCESS

Para. 16: “For the Plaintiffs to access the court for and on behalf of the people of Niger Delta, they need the mandate upon which they act and when questioned must establish consent of the people or a justification for acting without such consent. This is different where the Application is brought by an NGO. While the NGO’s enjoy a wide range of access to Court on behalf of individuals, the individuals on the other hand have access mainly in their personal capacity on alleged human rights violations and approaching the Court in a representative capacity requires authorization.”

— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17

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ACTIO POPULARIS – PUBLIC RIGHT WORTHY TO BE PROTECTED – (ECOWAS Court)

In SERAP V. FRN (2010) CCJELR, PG. 196, PARA 32, & 34 the Court stated that: “The doctrine of actio popularis was developed under Roman law in order to allow any citizen to challenge a breach of a public right in Court. This doctrine developed as a way of ensuring that the restrictive approach to the issue of standing would not prevent public spirited individuals from challenging a breach of a public right in Court. In public interest litigation, the Plaintiff need not show that he has suffered any personal injury or has a special interest that needs to be protected to have standing. Plaintiff must establish that there is a public right which is worthy of protection which has been allegedly breached and that the matter in question is justiciable.”

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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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CLOSE RELATION MAY SUE, WHERE DIRECT VICTIM IS UNABLE TO SUE – (ECOWAS Court)

In STELLA IFEOMA & 20 ORS V. FEDERAL REPUBLIC OF NIGERIA (2015) thus: “when it becomes impossible for him whose right is violated to insist on that right or to seek redress, either because he is deceased or prevented in one way or the other from doing so, it is perfectly normal that the right to bring his case before the law Courts should fall on other persons close to him…” This was further emphasized when the Court held that: “if for any reason, the direct victim of the violation cannot exercise his/her rights, in particular, for being irreversibly incapacitated or having died as a result of the violation, the closest family members can do so, while assuming the status of indirect victims.”

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AN INDIVIDUAL CAN BRING AN ACTION ON BEHALF OF A CLOSE RELATIVE – (ECOWAS Court)

An individual can bring an action on behalf of another only when Applicant is a close relation of a victim of violation of human rights. Following from the above, the Court holds that another teleological interpretation is that individuals who are not direct victims can ground an action before the Court if they are relation of the direct victim of violation of human rights. — The Registered Trustees of Jama’a FOUNDATION v FRN ECW/CCJ/JUD/04/20 para. 66

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WHAT IS LOCUS STANDI?

Locus standi , which is a Latin word simply means a place of standing. It is the legal right of a party to an action to be heard in Litigation before the Court or Tribunal. The term denotes, the right of a party to institute an action in a Court of Law or seek judicial enforcement of a duty. See Senator Adesanya vs. President FRN (1981) 5 SC 112, Adesolakan Vs. Adegbo vs. A. G, Lagos State (2012) All FWLR (Pt 631) 1522. Locus standi thus, entails the legal capacity of instituting or commencing an action in a competent Court of Law without any inhibition, obstruction or hindrance from any person or body whatsoever. Whenever a person’s Locus to sue is in issue, as in this appeal, the question is really whether the person whose standing is in issue, is the proper person to request an adjudication over the dispute he has brought for adjudication. The issue at this stage, is whether the Plaintiff or the person whose locus is challenged, has disclosed sufficient interest in the dispute or the subject matter of the dispute.

— A.A. Wambai, JCA. Skye Bank v. Haruna & Ors. (CA/K/264/2011, 17th December, 2014)

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