LEGAL PRINCIPLE: ADMINISTRATIVE LAW — Mandamus — Locus Standi — Sufficient Legal Interest Required
PRINCIPLE STATEMENT
An applicant for mandamus must have a specific legal right to enforce or a sufficient legal interest, more substantial than the general interests of other members of the public.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Fawehinmi v. IGP & Ors (2002) NLC-2012000(SC) at pp. 29–30; Paras D–A.
"The authorities are to the effect that a person who seeks an order of mandamus must, among other things, show that he has a legal right to ensure the performance of a duty. Admittedly, the issue of the locus standi of an applicant for mandamus cannot be said to be free from difficulties. It would appear that such locus standi may depend on two alternative factors in regard to the duty allegedly not performed after demand: (a) Either that the applicant must have a specific legal right to enforce, or a specific legal right to the enforcement of the duty... (b) Or, that the applicant has a sufficient legal interest; or an interest more substantial than the general interests of other members of the community or interest group to which he belongs, or that he is specially aggrieved by the non-performance of the duty more than other members of the public generally."
EXPLANATION / SCOPE
Locus standi for mandamus requires either: (a) a specific legal right to enforce the duty; or (b) a sufficient legal interest, more substantial than the general public. The applicant must be specially aggrieved. The principle prevents meddlesome interlopers from seeking mandamus. The interest must be direct and personal. The court examines whether the applicant has a stake in the outcome. The rule applies to all public duty cases. The applicant cannot rely on general public interest alone. The court will dismiss applications lacking sufficient interest. The principle ensures that only genuinely affected persons can compel public duties. The test is stricter than for declaratory relief.