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Ghani vs FRN

Ghani VS FRN

Ghani VS FRN

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"I have earlier said in this judgment that the<br />

learned trial Judge relied on the case of<br />

Adesanya to strike out the plaintiff/appellant's<br />

claim on the basis of lack of locus standi.<br />

Fortunately, the Apex Court has now departed<br />

from the former narrow approach in the<br />

Adesanya's case and the subsequent<br />

decisions. In Fawehinmi v. Akilu (1987) 4<br />

NWLR (Pt.67) page 797, the Supreme Court in<br />

its considered judgment, per Eso, JSC,<br />

considered the locus standi of the appellant<br />

and held at page 847 that: "In this instant<br />

appeal before this court, I think, with respect<br />

that the lead judgment of my learned brother<br />

Obaseki, JSC is an advancement on the<br />

position hitherto held by this Court on "locus<br />

standi". I think again with respect, that it is a<br />

departure from the former narrow attitude of<br />

this court in the Abraham Adesanya case and<br />

subsequent decisions, for strictly speaking, my<br />

Lord Nnaemeka-Agu, JCA (as he then was)<br />

who no doubt was bound by those decisions at<br />

that time was tight in his interpretation of the<br />

stand of this court, and so, strictly on those<br />

authorities of this court, along, his judgment<br />

with respect, could not be faulted when he<br />

said:- "In this country, the result of all the<br />

cases is that the common law concept that a<br />

person who has a locus and can sue is only<br />

one who has a legal right, or whose legal right<br />

has been adversely affected or who has<br />

suffered, or is in imminent danger of suffering<br />

11

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