LEGAL PRINCIPLE: CIVIL PROCEDURE – Locus Standi – Determination – Reliance on Statement of Claim
PRINCIPLE STATEMENT
In deciding whether the respondent has locus standi to sue the appellants in this case, it is necessary to examine the statement of claim of the respondent filed in the trial court. That alone will determine the locus standi in the case.
RATIO DECIDENDI (SOURCE)
Per Umaru Atu Kalgo, JSC, in Global Transport Oceanico S.A. & Anor v. Free Enterprises Nig. Ltd. (2001) NLC-128331998(SC) at p. 17; Paras D–E.
"In deciding whether the respondent has locus standi to sue the appellants in this case, it is necessary to examine the statement of claim of the respondent filed in the trial court. That alone will determine the locus standi in the case."
EXPLANATION / SCOPE
Locus standi is determined solely by examining the statement of claim. The court assumes the facts pleaded are true. The defence is irrelevant to the determination of standing. The statement of claim must disclose sufficient interest in the subject matter—that the plaintiff’s rights have been or will be violated. The plaintiff need not prove the facts at this stage; pleading sufficient facts is enough. The court does not consider the defendant’s denial. If the statement of claim shows a legal interest, the plaintiff has standing. The principle prevents defendants from defeating standing by filing contradictory pleadings. The test is whether the plaintiff has a real stake in the outcome.
