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!

MEANING OF LOCUS STANDI; LOCUS STANDI IS A THRESHOLD ISSUE

Reach more audience. Place advert here.

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

Was this dictum helpful?

SHARE ON

locus standi

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

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?

TO CHALLENGE A LAW, AN INDIVIDUAL MUST SHOW THAT HE IS DIRECTLY AFFECTED

Para. 16: In Aumeeruddy-Cziffra and Others v. Mauritius (Communication No. R.9/35) 9 April 1981, the United Nations Human Rights Committee pointed out that to bring an Application before it, an individual must be actually affected ‘by the act complained of and that no individual can in the abstract, by way of actio popularis, challenge a law or practice claimed to be contrary to the Covenant’.

Was this dictum helpful?

DEFINITION OF LOCUS STANDI

In B.B. Apugo & Sons Ltd V. OHMB (2016) LPELR-40598(SC) per Kekere-Ekun, JSC 23, B-E, defined locus standi thus: “Locus standi is the legal right of a party to an action to be heard in litigation before a Court or tribunal. The term connotes the legal capacity of instituting or commencing an action in a competent Court of law or tribunal without any inhibition, obstruction or hindrance from any person or body whatsoever. It is also the law that to have locus standi to sue, the plaintiff must have sufficient interest in the suit. For instance, one of the factors for determining sufficient interest is whether the party seeking redress would suffer some injury or hardship from the litigation…”

Was this dictum helpful?

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

Was this dictum helpful?

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″

Was this dictum helpful?

No more related dictum to show.