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 plaintiff’s statement of claim. The court assumes the facts pleaded are true for this purpose. The statement of defence is irrelevant to the standing inquiry. The plaintiff must show sufficient interest in the subject matter—that their legal rights have been or will be adversely affected. If the statement of claim discloses that interest, the plaintiff has standing. If not, the action fails regardless of the defence. The court does not consider evidence at this stage—only the pleadings. The principle ensures that standing is assessed on the plaintiff’s case alone, not on the defendant’s response. The test is whether the plaintiff has shown a sufficient nexus to the dispute.
