LEGAL PRINCIPLE: CIVIL PROCEDURE – Locus Standi – Interest or Injury Test – Applicability
PRINCIPLE STATEMENT
I think the interest or injury test applied by the Federal Supreme Court in Olawoyin v. Attorney-General of Northern Nigeria (supra) should remain the yardstick in doing the question of the locus standi of a complainant and this is to be determined in the light of the facts or special circumstances of each case.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Owodunni v. Registered Trustees of Celestial Church of Christ (2000) NLC-1261995(SC) at p. 17; Paras E–F.
"I think the interest or injury test applied by the Federal Supreme Court in Olawoyin v. Attorney-General of Northern Nigeria (supra) should remain the yardstick in doing the question of the locus standi of a complainant and this is to be determined in the light of the facts or special circumstances of each case."
EXPLANATION / SCOPE
The interest or injury test remains the standard for determining locus standi. A complainant must show sufficient personal interest in the subject matter or that they have suffered or are threatened with injury. This test is flexible, applied according to the facts and special circumstances of each case. There is no rigid formula; courts assess whether the plaintiff has a real stake in the outcome. This case-by-case approach ensures that standing requirements serve their purpose—preventing meddlesome interlopers while allowing genuine claimants access to justice.