LEGAL PRINCIPLE: CIVIL PROCEDURE – Locus Standi – Determination of Standing – Relevance of Pleadings over Reliefs Claimed
PRINCIPLE STATEMENT
The question whether or not a plaintiff has a locus standi in a suit is determinable from a totality of all the averments in his statement of claim. In dealing with the locus standi of a plaintiff, it is his statement of claim alone that has to be carefully scrutinised with a view to ascertaining whether or not it has disclosed his interest and how such interest has arisen in the subject-matter of the action. Where the averments in a plaintiff's statement of claim disclose the rights or interests of the plaintiff which have been or are in danger of being violated, invaded or adversely affected by the act of the defendant complained of, such a plaintiff would be deemed to have shown sufficient interest to give him the locus standi to litigate over the subject-matter in issue.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Owodunni v. Registered Trustees of Celestial Church of Christ (2000) NLC-1261995(SC) at p. 29; Paras D–E.
"The question whether or not a plaintiff has a locus standi in a suit is determinable from a totality of all the averments in his statement of claim. In dealing with the locus standi of a plaintiff, it is his statement of claim alone that has to be carefully scrutinised with a view to ascertaining whether or not it has disclosed his interest and how such interest has arisen in the subject-matter of the action. Where the averments in a plaintiff's statement of claim disclose the rights or interests of the plaintiff which have been or are in danger of being violated, invaded or adversely affected by the act of the defendant complained of, such a plaintiff would be deemed to have shown sufficient interest to give him the locus standi to litigate over the subject-matter in issue."
EXPLANATION / SCOPE
Locus standi is determined by scrutinizing the statement of claim alone, not the reliefs claimed. The court examines whether the plaintiff’s averments disclose sufficient interest in the subject matter and how that interest arose. If the pleadings show rights or interests that are or will be violated or adversely affected by the defendant’s actions, the plaintiff has standing. The focus is on the factual assertions of interest, not the form of relief sought. This ensures that standing is assessed substantively based on alleged injury, not technical pleading labels.