CIVIL PROCEDURE — Jurisdiction — Locus Standi — Fresh Issue of Locus Standi Raised for First Time on Appeal May Be Raised Without Leave
Ratio Decidendi
Per Adekeye, JSC, in Opobiyi & Anor v. Muniru (2011) NLC-123-30-2005(SC) at p. 9; Paras A—B:
"An issue of jurisdiction being fundamental to the case does not require leave to be raised. Furthermore, it can be raised at any stage of the proceedings. The respondent in the instant appeal did not require leave to raise the issue of locus in the preliminary objection filed afresh and argued before the court below."
Explanation / Scope
This principle establishes that locus standi, being a jurisdictional issue, may be raised at any stage of proceedings without leave, including for the first time on appeal. The principle applies where locus standi is challenged. It ensures that jurisdictional issues are addressed. The principle reflects the fundamental nature of jurisdiction. It prevents parties from being barred from raising jurisdictional issues. The court must consider the issue. The principle provides guidance on raising locus standi.