LEGAL PRINCIPLE: CIVIL PROCEDURE — Locus Standi — Interest in Subject Matter — Membership of Statutory Body
PRINCIPLE STATEMENT
Membership of a statutory body with defined functions is not a nebulous matter; a person appointed to membership who is prevented from taking his seat has sufficient interest to clothe him with locus standi.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Ajayi & Ors v. Yemi (2001) NLC-51997(SC) at pp. 11–12; Paras D–A.
"The Ifelodun/Irepodun Traditional Council is a statutory body with defined functions. Membership of such a body cannot be just a mere nebulous matter. Plaintiff's case is that he was appointed to membership of the Council by the Military Governor but was prevented by 2nd and 3rd defendants from taking his seat which they wrongly gave instead to the 1st defendant. It cannot be said that plaintiff has no interest in the subject matter sufficient enough to clothe him with standing to sue or locus standi."
EXPLANATION / SCOPE
Membership in a statutory body with defined functions confers a legal interest. A person appointed to such membership who is prevented from taking their seat has sufficient interest to sue. The interest is not nebulous—it is concrete and justiciable. The plaintiff need not claim a proprietary right; an interest in the performance of statutory duties suffices. The principle ensures that persons with a genuine stake in statutory appointments have access to court. The test is whether the plaintiff’s interest is direct and personal, not remote or abstract. The court will not deny standing where the plaintiff’s legal right or interest is affected.