LEGAL PRINCIPLE: CIVIL PROCEDURE — Locus Standi — Definition and Nature of Locus Standi
PRINCIPLE STATEMENT
Locus standi denotes legal capacity to institute proceedings. It is the right to initiate proceedings for redress. The issue does not depend on the success or merits of the case but on whether the plaintiff has sufficient interest or legal right in the subject matter.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Ladejobi & Ors v. Oguntayo & Ors (2004) NLC-1732000(SC) at pp. 13–14; Paras E–B.
"The term 'locus standi' denotes the legal capacity to institute proceedings in a court of law and is used interchangeably with terms like 'standing' or 'title to sue'. It is the right or competence to initiate proceedings in a court of law for redress or assertion of a right enforceable at law. It must also be remembered that the issue of locus standi does not depend on the success or the merits of the case but on whether the plaintiff or the plaintiffs have sufficient interest or legal right in the subject matter of the dispute."
EXPLANATION / SCOPE
Locus standi is legal capacity to sue, separate from case merits. The plaintiff need only show sufficient interest or legal right in the subject matter. The principle applies to civil procedure. The rule prevents dismissal based on predicted failure of the case. Standing is a threshold jurisdictional issue. Success or failure on merits does not affect standing determination.
