CIVIL PROCEDURE — Jurisdiction — Locus Standi as Threshold Issue
Ratio Decidendi
Per Adekeye, JSC, quoting Niki Tobi, JCA (as he then was) in Owners of M.V. Baco Liner 3 v. Adeniji (1993) 2 NWLR Pt. 274 pg 195, in Basinco Motors Limited v. Woermann-Line (2009) NLC-123-24-2003(SC) at p. 18; Paras C–D:
"Locus standi in my view is a fore runner or precursor to jurisdiction. Accordingly, where it is proved that a plaintiff lacks locus standi to bring an action, the court will decline jurisdiction as it has none. A court of law has no jurisdiction to manufacture locus standi on a party and arrogate to itself jurisdiction."
Explanation / Scope
This principle establishes that locus standi is a threshold issue that precedes jurisdiction. Where a plaintiff lacks locus standi, the court must decline jurisdiction. The court cannot manufacture standing for a party. The principle applies in all civil actions. It ensures that only parties with legal interest can bring claims. The principle reflects the constitutional limits of judicial power. It prevents courts from assuming jurisdiction where none exists. The plaintiff must demonstrate standing from the outset. The principle protects against claims by strangers to the dispute.