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NATURE OF LOCUS STANDI

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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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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)

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DECIDING WHETHER A CLAIMANT HAS LOCUS STANDI

Having held as above, what is the position of the law on the issue of locus standi? In law, deciding whether a Claimant has the requisite locus standi is a function of whether the claim he makes has disclosed his sufficient interest in the subject matter and to determine this it is the averments of the Claimant in his pleadings that the Court has to look at and critically examine to see if it discloses his interest sufficient enough to clothe him with the requisite locus standi to sue.

— 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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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

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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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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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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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