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LOCUS STANDI IS JURISDICTIONAL

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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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A VICTIM IS A PERSON WHO SUFFERS HARM DIRECTLY OR INDIRECTLY – (ECOWAS Court)

It follows from the above that a victim can be a person who suffers directly or indirectly any harm or pain (physical or mental injury), emotional suffering (through loss of a close family member or relation), economic loss (loss of Properties) or any impairment that can be categorized as human rights violation. Additionally, other than the loss, harm or damage, an Applicant must prove an interest in the matter which must be direct and personal. This Court has through several decisions made exception for individuals and organizations who have not suffered directly or personally to institute actions in a representative capacity on behalf of victims.

— The Registered Trustees of Jama’a FOUNDATION v FRN ECW/CCJ/JUD/04/20 para. 67

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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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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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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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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…”

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NATURE OF LOCUS STANDI

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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