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| PRITCHARDS O. OSARIEMEN (LLB UNIBEN) | | |
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Introduction
The right of the complainant to institute court proceedings, locus standi, is one of several consideration of the appropriateness or inappropriateness of the subject matter of litigation for judicial consideration. Any question of justiciability is addressed by the court before it proceeds to a consideration of the merits of any claim. Thus, locus standi is a condition precedent to any hearing of an alleged cause of action. The term locus standi denotes legal capacity to institute proceedings in a court of law and is used interchangeably with terms like “standing” or “title to sue”.1 It had also been defined as the right of a party to appear and be heard on the question before any court or tribunal.1 It is the “the right or competence to institute proceedings in a court for redress or assertion of a right enforceable at law”.1 It has also been stated that a party prosecuting an action would have locus standi, where the reliefs claimed would confers some benefits on such party.1
In this work, the writer undertakes to analyze the practice of locus standi in Nigeria, and the need for judicial and legislative intervention with a view to reducing its harshness.
The doctrine of locus standi over the years had been a major concern in the consideration of the merits of plethora of cases in Nigeria. At this, one would wonder whether Nigerian courts that preach against the sacrifice of justice on the altar of technicality are only paying lip services.
