STANDING TO SUE: A REVIEW OF THE DOCTRINE OF LOCUS STANDI IN NIGERIAN JURISPRUDENCE

Abstract

Locus standi literally means "a place of standing". It is the right to be heard in court or other proceeding1. The two words are used interchangeably with terms like "standing" or "title to sue". The term simply means the legal capacity or standing to institute, undertake or initiate a suit or action in a court of law. In order to acquire that capacity or standing, a person must show interest that is sufficient in the subject matter of the intended suit to enable him sue. The standing to sue (locus standi) is a condition precedent to the determination of a case on the merits. In applying the 

1 CHUKWULO ACHIKEH: LL.M. BL.Department of Public Law. Faculty of Law Madonna University
Okija Aniimbra State. Email: achikerichukwuloiii'vahoo.com Tel :OMI340599S5
Ann Chinwe Akpunonu, LLM. BL Department ol 'Private Law, Faculty of Law. Anambra State University,
Igbariam Campus, Amunbra State. Email: annakpunoiuumgmail. Com. Tel: 0X035667670.
Osborn's Concise Law Dictionary 9th edition at page 239. Mohammad CM. in Usinan Mohain/ned v. Attorney
General Kaduna Slate and another (19X1) 1NCLR 117 at page 127 describes the term as '"sufficient interest or an
interest which is peculiar to the plaintiff, not one which he shares in common with general members of the public"
See the learned authors of Aihe and Oluyade: Cases and Materials on Constitutional Law in Nigeria, page 200.
See The observation of Obaseki JSC in Adesanya v. President Federal Repuhlic ofNigerla and another (198 1) 2
NCLR 35 X. Nnamdi Aduba in an article".-! Critical Appraisal of the Judicial Interpretation oj the Princi/ile of
Locus S/timli in Nigeria" has compared locus standi to a ''technical knockout" in boxing in the sense that once a
party is declared as not having a locus standi the matter is over. Courts are no longer required to go into the merits
or demerits of the ease. See also the statement of Oputa JSC in Attorney (ieiieral Kadn/ia Stale r, Ilu.tsun IIVH5J
2 NWLR (parts X) 4X3 at 523. In this case the eminent jurist cites the learned authors of Earl Jowitt in Dictionary
of English La\r where (at 1110 page) it was observed: losay a person lias no locus staiuli means tlial he has no
right to (tpar inn proceeding