LEGAL PRINCIPLE: CIVIL PROCEDURE — Locus Standi — Distinction Between Family Membership and Family Status
PRINCIPLE STATEMENT
It follows therefore that no question as to a person's status in any particular family can arise until it be first established that he is a member of that family.
RATIO DECIDENDI (SOURCE)
Per Idigbe, JSC in Adeyemi v. Opeyori (1976) 9–10 SC 31 at 466, approved Okulate & Ors v. Awosanya & Ors (2000) NLC-1981992(SC) at p. 4; Paras. A–B.
"It follows therefore that no question as to a person's status in any particular family can arise until it be first established that he is a member of that family."
EXPLANATION / SCOPE
Before any inquiry into a person’s status (e.g., head of family, family representative) can be undertaken, membership in the family must first be established. Status presupposes membership; one cannot have status in a family without being a member. This establishes a logical priority: membership is a precondition to any claim of status or authority within the family. Courts must first determine whether a claimant belongs to the family before considering what position they hold. This prevents disputes about status from being litigated without foundational proof of membership.