CHIEFTAINCY LAW — Judicial Review in Chieftaincy — Locus Standi Based on Personal Interest
Principle Statement
To determine locus standi, only the statement of claim should be examined. It must donate standing. Where the statement of claim does not show personal interest being infringed, the plaintiff lacks locus standi.
Ratio Decidendi (Source)
Per Tobi, JSC, in Adesanoye & Ors v. Adewole (2006) NLC-123-171-2004(SC) at p. 20; Paras B–C and pp. 25–26; Paras E–A.
"In order to lay claim to and enjoy a vested right, it should not be encumbered or weighed down by any other competing right… In order to determine locus standi of the plaintiff, the only Court process to look at is the Statement of Claim. It is the Statement of Claim that should exclusively donate locus standi. … I am afraid, I do not see paragraphs 6, 8, 11 and 12 of the Amended Statement of Claim donating standing on the part of the respondent to sue."
Explanation / Scope
Locus standi in chieftaincy matters is determined solely from the statement of claim, requiring personal interest. The principle applies to chieftaincy law.
