CHIEFTAINCY LAW — Locus Standi — Meaning — Legal Capacity to Institute Action
Ratio Decidendi
Per Adekeye, JSC, in Arowolo v. Olowookere & Ors (2011) NLC-123-200-2003(SC) at pp. 9—10; Paras E—A:
"Strictly speaking the term 'locus standi' denotes the legal capacity to institute an action in a Court of law. It is a status which a plaintiff must have before being heard in Court. It is a condition precedent to the determination of a suit on its merits. The question whether a plaintiff has the locus standi to sue is determinable from the totality of the averments in the statement of claim. The right to sue can only be conferred by statute or by constitution or by some customary law - particularly the Chiefs Law."
Explanation / Scope
This principle defines locus standi as the legal capacity to institute an action, a condition precedent to being heard on the merits. It is determined from the statement of claim and can only be conferred by statute, constitution, or customary law. The principle applies where standing is challenged. It ensures that plaintiffs have legal capacity. The principle reflects the requirement for locus standi. It prevents suits by parties without standing. The court must determine standing. The principle provides guidance on locus standi.