Confusion in the Field of Locus Standi Case of Governor of Ekiti State V. Fakiyesi
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Date
2019
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Redeemer's University Law Journal. (RUNLAWJ )
Abstract
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.
Description
Keywords
Locus standi, Constitutional right, 1999 Nigerian Constitution