THE CONCEPT OF LOCUS STANDI: A DOGMATIC IMPEDIMENT TO JUSTICE OR A FLEXIBLE TOOL OF CONVENIENCE?

M. Y. DANUNG, Justin ILEKA

Abstract


This paper critically examined the concept of locus standi in the specific context of the dogmatic and liberalpositions expressed by the apex court in Nigeria, the Supreme Court, regarding its application and implicationsfor the realization or attainment of justice. In so doing, the cases of Senator Ibrahim Adesanya v President of theFederal Republic of Nigeria & Anor1 and Thomas v Olufosoye2 wherein the Supreme Court dogmatically appliedthe principle were examined. Also examined were the cases of Fawehinmi v IGP3and Center for Oil PollutionWatch v NNPC4wherein the Supreme Court liberally applied the principle. The paper made a case for the Courtsto apply the principle liberally. The work compared the dogmatic application and the liberal application of theprinciple expressed by the Supreme Court, and proceeded to justify why liberal application of it should be givena pride of place over dogmatic application. It concluded by praying the Courts to apply the principle liberally forthe purpose of meeting the ends of justice, which is the sole constitutional mandate of the Courts. More so, inother common law climes, the principle is liberally applied for purposes of attaining effective and efficient justicedelivery.

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