Department of Public Law

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Confusion in the Field of Locus Standi Case of Governor of Ekiti State V. Fakiyesi
(Redeemer's University Law Journal. (RUNLAWJ ), 2019) Nwaechefu, Hilary
It is settled law that a plaintiff will have locus standi in a matter only if he has a special interest or if he can show that he has sufficient interest in the performance of the duty sought to be enforced or where his interest is adversely affected. In the Nigerian parlance, the celebrated case of Abraham .A. Adesanya .v. The President of the Federal Republic of Nigeria appears to have set the standard by which locus standi of litigants in Nigerian will be measured, especially in constitutional matters. Several cases have been decided after that upholding the precedent in Adesanya's case. Despite this precedent, it is rather• unfortunate that in applying Adesanya's case in some decisions, the Court of Appeal, with the greatest respec, ends up applying the same out of context. This was the case in Governor of Ekiti State .v. Fakiyesi which this paper is set to appraise critically. This paper concludes by stating that the choice to access the law courts, to voice views when a plaintiff believes that there has been an infraction of any of the provisions of our constitution is a Constitutional right and should not be sacrificed on the altar of lack of locus standi.