CIVIL PROCEDURE — Jurisdiction — Locus Standi — Lack of Locus Standi Goes to Jurisdiction
Ratio Decidendi
Per Adekeye, JSC, in Opobiyi & Anor v. Muniru (2011) NLC-123-30-2005(SC) at pp. 8—9; Paras E—A:
"Locus standi is the legal capacity to institute an action in a court of law. Where a plaintiff is held to lack the locus standi to maintain an action, the finding goes to the issue of jurisdiction - as it denies the court jurisdiction to determine the action. Jurisdiction is in other words, a radical question of competence - a court can only be competent when the case comes by due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction."
Explanation / Scope
This principle establishes that locus standi is the legal capacity to institute an action, and lack of it goes to jurisdiction, denying the court jurisdiction to determine the action. The principle applies where locus standi is challenged. It ensures that only parties with standing can sue. The principle reflects the jurisdictional nature of locus standi. It prevents courts from entertaining actions by parties without standing. The court must determine locus standi. The principle provides guidance on locus standi and jurisdiction.