Ghani vs FRN

5
RIGHT: Whether an ordinary individual has
the locus standi to institute an action to assert
or protect a public right or to enforce the
performance of a public duty
"Under public law, an ordinary individual will
generally not have locus standi as a plaintiff.
This is because such litigations concern public
rights and duties which belong to, or are owed
to all members of the public, including the
plaintiff. It is only where he has suffered
special damage over and above the one
suffered by the public generally that he can
sue personally. See: Gamioba & Others v.
Esezi & Others (1961) 2 SCNLR 237, (1961)
All NLR 584 at 585, (1961) 2 SCNLR 237;
Owodunni v. Registered Trustees of Celestial
Church of Christ (supra) page 73. In an action
to assert or protect a public right or to enforce
the performance of a public duty, it is only the
Attorney-General of the Federation, that has
the requisite locus standi to sue. A private
person can only bring such an action if he is
granted a fiat by the Attorney-General to do
so in his name. This is referred to as a "relator
action." Per ABOKI, J.C.A. (Pp. 60-61, paras.
F-C) - read in context
4 ACTION - LOCUS STANDI: Meaning of locus
standi
"It is clear from a plethora of decisions of the