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!

STATEMENT OF CLAIM HAS TO BE SCRUTINIZED TO DETERMINE LOCUS STANDI

Reach more audience. Place advert here.

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

Was this dictum helpful?

SHARE ON

locus standi

AN INTERVENER’S INTEREST IN AN ACTION

para. 34: “In general, “interest in an action” is appreciated with reference to the orders sought in the applications of an Intervener possessing an interest in the resolution of the dispute submitted to the court, and when these orders have no other purpose than to support or reject the order by another party.”

Ugokwe v FRN (2005) – ECW/CCJ/JUD/03/05

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?

PERSON MAY HAVE STANDING TO SUE YET DISABLED

Locus standi which simply means capacity or standing of a claimant to institute an action by more than one person. A person may have the standing to sue, yet have his suit disabled by the procedure he has adopted.

— A.B. Mohammed, JCA. ITDRLI v NIMC (2021) – CA/IB/291/2020

Was this dictum helpful?

COURT HAS NO JURISDICTION WHERE LOCUS STANDI IS LACKING

Locus standi connotes the legal capacity to institute an action in a Court of law. It is a threshold issue that affects the jurisdiction of the Court to look into the complaint. Where the claimant lacks the legal capacity to institute the action, the Court, in turn will lack the capacity to adjudicate. In order to have locus standi, the claimant must have sufficient interest in the suit. For instance, it must be evident that the claimant would suffer some injury or hardship or would gain some personal benefit from the litigation.

– Kekere-Ekun JSC. CITEC v. Francis (2021) – SC.720/2017

Was this dictum helpful?

RESTRICTIVE RULES ON STANDING ARE INIMICAL TO A HEALTHY JUDICIAL SYSTEM (India)

The Supreme Court of India in Fertilizer Corporation Kamager Union v Union of India (1981) AIR (SC) 344, succinctly captured the modern Jurisprudence on locus standi as follows: “Restrictive rules about standing are in general inimical to a healthy system of growth of administrative law, if a Plaintiff with a good cause is turned away merely because he is not sufficiently affected personally, that could mean that some government agency is left free to violate the law. Such a situation would be extremely unhealthy and contrary to the public interest. Litigants are unlikely to spend their time and money unless they have some real interest at stake and in some cases where they wish to sue merely out of public spirit, to discourage them and thwart their good intentions would be most frustrating and completely demoralizing”. [This case was relied on in Abdullahi & Ors. v Government of Federal Republic of Nigeria & Ors. (ECW/CCJ/JUD/18/16) [2016] ECOWASCJ 55]

Was this dictum helpful?

WHEN A LARGE COMMUNITY IS AT STAKE, ACCESS TO JUSTICE IS FACILITATED

“56. There is a large consensus in International Law that when the issue at stake is the violation of rights of entire communities, as in the case of the damage to the environment, the access to justice should be facilitated. 57. Article 2 (5) of Convention of “Access to Information, Public Participation in Decision- Making and Access to Justice in Environmental Matter “defines the “public concerned” with environment protection as “public affected or likely to be affected by, or having an interest in the environment decision-making for the purposes of this definition nongovernmental organization promoting environment and meeting requirements under national law shall be deemed to have an interest”. Article 9 of the same instrument confirms the access to justice to the public concerned as defined in Article 2 (5).”

— SERAP v FRN – ECW/CCJ/APP/08/09

Was this dictum helpful?

No more related dictum to show.