LEGAL PRINCIPLE: CIVIL PROCEDURE — Locus Standi — Representative Capacity of Ruling House in Chieftaincy Matters
PRINCIPLE STATEMENT
Where the interest is not personal but belongs to the whole family (e.g., a non-member nominated to chieftaincy), the whole family as a group has legal standing to vindicate their right to nominate their member in a representative capacity.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Ladejobi & Ors v. Oguntayo & Ors (2004) NLC-1732000(SC) at p. 14; Paras D–E.
"But where the interest is not personal but belongs to the whole family as where a non-member of the family is said to be nominated to the chieftaincy the whole family as a group would appear to have the legal standing to vindicate their right to nominate their member to the chieftaincy stool in a representative capacity."
EXPLANATION / SCOPE
A family group has standing to challenge nomination of a non-member to a chieftaincy stool. The right to nominate belongs to the whole family, not individual members. The principle applies to chieftaincy matters. The rule allows representative action by the family. Individual members may sue on behalf of the family. The group interest confers collective standing.
