LEGAL PRINCIPLE: CIVIL PROCEDURE — Locus Standi — Loss of Legal Basis to Challenge After Cessation of Office
PRINCIPLE STATEMENT
A plaintiff who has resigned from office loses the legal basis to challenge the dissolution of that body because his civil rights and obligations were qua that office, which he no longer holds.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Yesufu v. Gov. Edo State & Ors (2001) NLC-701996(SC) at p. 15; Paras A–D.
"The platform from which the plaintiff could have initiated these proceedings having disappeared as a result of his resignation, can it be said that he still has the standing or the legal capacity to institute this action? The civil rights and obligations of the plaintiff which would be violated or adversely affected by the dissolution of the Council are his rights and obligations qua Pro-Chancellor and Chairman of Governing Council of the University. He no longer held the positions at the time he instituted the action by virtue of his resignation. The plaintiff therefore lost the legal basis to challenge the dissolution and reconstitution of the Governing Council of the institution."
EXPLANATION / SCOPE
A plaintiff must have standing at the time of instituting the action, not merely when the cause of action arose. Resignation from office removes the legal platform from which to challenge actions affecting that office. The plaintiff’s rights and obligations were tied to the position held. Once the position is voluntarily vacated, the plaintiff no longer has a personal stake in the outcome. The principle prevents former officeholders from litigating issues that no longer affect them. The plaintiff cannot create standing by resigning and then suing. The court examines whether the plaintiff has a subsisting legal interest at the time of filing. Loss of that interest defeats standing.