Ghani vs FRN

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(P. 54, paras. D-F) - read in context 7 7 ACTION - LOCUS STANDI: How to ascertain whether the plaintiff in an action has locus standi "In ascertaining whether the plaintiff in an action has locus standi, it is necessary to examine the statement of claim filed in court, to see if it discloses a cause of action vested on him. Thus, only the plaintiff's statement of claim should be looked into to see if the plaintiff has locus standi to institute the action. In Adesokan v. Adegorolu (1997) 3 NWLR (Pt.493) page 261 at 278 Ogundare, JSC held that: ''To determine whether the plaintiff has locus standi, it is to the statement of claim one looks." See also the case of Bolaji v. Bamgbose (1986) 4 NWLR (Pt. 37) page 632 at 646." Per ABOKI, J.C.A. (Pp. 54-55, paras. F-B) - read in context 8 ACTION - LOCUS STANDI: Ways by which a defendant can raise the issue of locus standi; Proper order a Court will make when a Plaintiff lacks locus standi "On whether a defendant can raise the issue of locus standi the position of the law is stated by this court in the case of Ebongo v. Uwemedimo (1995) 8 NWLR (Pt. 411) page 22 at 51, Per Tobi, JCA (as he then was) as
follows:- "A defendant can raise the issue of locus standi in two main ways: (a) By a motion and (b) in his defence. In either way, he relies only on the statement of claim and not his defence. And so, a defendant can raise the issue of Locus standi, even before he files his statement of defence, and that is by (a) above. Where a defendant raises the issue of Locus standi in a motion, the court must look at the statement of claim and not the affidavit in support. The rationale is straightforward. If the court looks at the affidavit evidence, this is in effect seeking supportive evidence from the defendant, which should not be the situation. By such a procedure the defendant has succeeded in introducing through the back door part of his statement of defence (if not the whole), what he cannot introduce through the front door camouflaged or disguised as affidavit in support. In the instant case, the learned trial Judge dealt with the threshold issue of locus standi at the stage of writ of summons and motion with supporting affidavit. With respect, he was fairly in some hurry. He might have waited for the filing of the statement of claim. He was therefore in error, and I so hold. There is yet another error, this time by dismissing the suit. The state of the law is that where a plaintiff lacks locus standi, the court can strike out the suit and not dismiss it." See also: Global Trans Oceanica S.A. v. Free Ent. (Nig.) Ltd. (2001) 2 8
Page 2 and 3: CHIEF GANI FAWEHINMI v. PRESIDENT O
Page 4 and 5: liberty. A civil obligation, on the
Page 6 and 7: 5 RIGHT: Whether an ordinary indivi
Page 10 and 11: SC 145: (2001) 5 NWLR (Pt. 706) 426
Page 12 and 13: "I have earlier said in this judgme
Page 14 and 15: hearing." This court had an occasio
Page 16 and 17: foregoing provisions of this sectio
Page 18 and 19: 17 political office holders "The Re
Page 20 and 21: deposed to in support of the applic
Page 22 and 23: May, 1999. 2. A DECLARATION that no
Page 24 and 25: Office Holders (Salaries and Allowa
Page 26 and 27: On the 28th day of October, 2004, t
Page 28 and 29: an Act of National Assembly titled
Page 30 and 31: affidavit are in pari materia to th
Page 32 and 33: The appellant formulated the follow
Page 34 and 35: Learned counsel maintained that the
Page 36 and 37: He maintained that by Section 153 o
Page 38 and 39: the originating summons pages 5-6 o
Page 40 and 41: with the following analysis: "(a) T
Page 42 and 43: The Act prescribes 75% of Minister'
Page 44 and 45: Minister of the Federal Republic of
Page 46 and 47: Conduct established under Item 3 Pa
Page 48 and 49: Learned counsel for the appellant s
Page 50 and 51: Nigeria (1981) 2 NCLR 358 (2) Faweh
Page 52 and 53: locus standi to institute the actio
Page 54 and 55: uling of the trial court by holding
Page 56 and 57: institute the action. In Adesokan v
Page 58 and 59:
is to plead and prove facts establi
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true that the specific law takes it
Page 62 and 63:
one suffered by the public generall
Page 64 and 65:
places and construction sites. To d
Page 66 and 67:
the conferment of the rank of Senio
Page 68 and 69:
Dawodu (1988) 4 NWLR (Pt. 87) page
Page 70 and 71:
(a) ... (b) ... (c) ... (d) ... (e)
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Federation/Minister N794,085.00, Mi
Page 74 and 75:
originating summons, the plaintiff/
Page 76 and 77:
NCLR 1 at 97. The provisions of the
Page 78 and 79:
4. That the yearly salary of $120,0
Page 80:
to institute the action. I also all
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Ghani vs FRN

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