ACTION – LOCUS STANDI – What a party must show to establish locus standi


“The law is trite that a person has locus standi to sue in an action if he is able to show to the satisfaction of the Court that his civil rights and obligations have been or are in danger of being infringed. SeeNworika v. Ononeze-Madu & Ors. (2019) LPELR – 46521 (SC), (2019) 7 NWLR (Pt 1672) 422; Disu & Ors. v. Ajilowura (2006) LPELR – 955 (SC), (2006) 14 NWLR (Pt.1000) 783; Thomas & Ors. v. Olufosoye (1986) LPELR – 3237 (SC), (1986) 1 NWLR (Pt.18) 669. For a person to have the legal capacity to sue over a matter, he must show sufficient interest in the subject matter of litigation and that will give him the access to institute proceedings in a Court of law. As was the case in relation to ascertaining reasonable cause of action, the pleadings of the party seeking to sue must disclose a cause of action vested in the plaintiff and the rights and obligations or interest of the plaintiff which have been violated before he can be vested with locus standi to sue. See Barbus & Company Nigeria Limited & Anor v. Mrs. Gladys Oyiboka Okafor-Udeji (2018) LPELR – 44501 (SC), (2018) 11 NWLR (Pt.1630) 298.” Per ADAMU JAURO, JSC in AGUMA v. APC & ORS (2021-LCER-40458-SC) (Pp 55 – 56 Paras D – D)

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