LEGAL PRINCIPLE: CIVIL PROCEDURE — Locus Standi — States’ Interest in Federation Account Confers Standing to Sue
PRINCIPLE STATEMENT
A person has locus standi if he shows sufficient interest and that his civil rights and obligations have been or are in danger of being infringed. Under section 162(3)-(5) of the 1999 Constitution, states have the right and obligation to receive funds from or share in the Federation Account. Therefore, states have locus standi to sue if action affects their interest in the Federation Account.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in A.G., Adamawa State & Ors v. A.G., Federation & Ors (2005) NLC-1442004(SC) at pp. 15–16; Paras E–B.
"A person is said to have locus standi if he has shown sufficient interest in the action and that his civil rights and obligations have been or are in danger of being infringed. … Under section 162 subsections (3), (4) and (5) of the 1999 Constitution, the plaintiffs have the right and obligation to receive funds from or share in the Federation Account. Therefore, if any action is being taken or has been taken to affect their interest in the Federation Account, surely, the plaintiffs have the locus standi to sue."
EXPLANATION / SCOPE
States have direct constitutional interest in the Federation Account and standing to sue when that interest is affected. Locus standi requires showing sufficient interest and threatened infringement of rights. The principle applies to constitutional law and civil procedure. The rule recognizes states as legal persons with constitutional rights. The Federation Account sharing formula directly affects states’ civil rights and obligations. Any state may sue to protect its share.
