APPLICATION OF LOCUS STANDI UNDER NIGERIAN LAW

Abstract

Under the narrow application of locus standi, a person who does not have interest or sufficient interest, nor has suffered nor likely to suffer specific or personal injury in respect of a matter has no locus standi to sue nor obtain remedy in Court. The reason for the above is that public rights and duties which are owned by all members of the public are not litigable by one member of the society in Courts. They are only litigable where an individual has suffered special damages over and above the one suffered by other members of the public. Therefore, labelling every intervener in the public interest as a busy body will work hardship and will inevitably make justiciable wrongs non justiciable. Developed legal systems such as Britain, United States, Australia and India have laws which encourage individual citizens to participate actively in the enforcement of law towards liberalising the rules of standing. Nigeria should take a cue from this.