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

Abstract

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