By Simeon Akala, LLB & Goodness E. Ehidiamhen
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INTRODUCTION
During the adjudication of matters brought before the court. There are key procedural concepts that are considered fundamental, which must be prevalent and effectively work pari passu before courts can entertain, or trie matters instituted by litigants. Hence, for courts these preliminary concepts must be sufficiently appreciated by legal practitioners, as they are formidable determinants whether one would enjoy favourable judicial decisions or not. Procedurally, one cannot institute a matter when he has no legal standing or right to do so, in a similar manner such a person must be one, who the court recognizes to be either a natural or artificial personality, the implication is that it goes to the root of the matter, as to whether the court is clothed with judicial power to sit to adjudicate upon a matter, when the aforementioned is missing. This article seeks to discuss these concepts from a legal perspective vis-a-vis its implications on the Jurisdiction of court.
AN EXEGESIS OF LOCUS STANDI AND LEGAL PERSONALITY
Locus standi and legal personality are like both sides of a coin during litigation. Firstly, we are going to be explicitly considering the latter. Locus standi is seen as the capacity which a person or entity possesses either to sue or be sued. Locus standi connote right or power to institute an action in a law court. Therefore, what this implies is that, for someone to have locus standi in bringing an action, he must first show that he has what should be regarded as sufficient interest in the matter. Hence what confers locus standi is that such a person must have interest in the matter, See Adesokan V. Adegorolu (1991)3 NWLR) PT 179(293 AT 307. Para B.
The Court explained this even further in Mr. Akanimo Asuquo Udofia v. Senator (Dr.) Ita Solomon Enang & ORS(2023)LPELR-59447(CA) where the Court in (Pp. 48 paras. C) held as follows:
“Locus Standi means the legal capacity to sue or approach Courts. The party approaching the Court must have been aggrieved or deprived of their rights. Thus in any legal process, the existence of locus standi is necessary and the locus standi of a Plaintiff is determined from the totality of all averments in his statement of claim which should be carefully scrutinized with a view to ascertaining whether or not it has disclosed sufficient legal interest and how such interest has arisen in the subject matter of the action also considering the nature of the claim and the cause of action which must be ascertained.”
Furthermore, on the second limb, legal personality means a person whom the law recognizes and has vested legal rights, either a natural person or juristic person. In Ibrahim V Judicial Service Committee of Kaduna State (1998) 14 NWLR (Pt.584) 1 @ 35, where Iguh, JSC (as he then was) has this to say:
‘‘It is beyond dispute that the word ‘’person’’ when used in a legal parlance, such as in a legislation or statute connotes both a ‘’natural person’’, that is to say a human being and an ‘’artificial person’’ such as corporation sole or public bodies corporate’’. Also in Nkporni V Ejire (2009) 9 NWLR (Pt.1145) 131, it was held that:
‘‘The term ‘‘Juristic person’’ denotes an artificial person or entity, such as a corporation, created by law and accorded certain legal rights and duties of a human being, a being, real or imaginary, who for the purpose of legal reasoning is treated more or less as a human being. It is also termed fictitious person, legal person, moral person”.
Conversely, it is of the essence that we know that actions can only be brought by or maintained against persons that are recognised in law, See, Reptico S. A. V Afribank Nigeria PLC (2013) 14 NWLR (PT.1373) 172. In addition, no action can be brought by or against any party other than a natural or artificial person or persons, expressly or impliedly, unless status, rules of court or common law has given such a person legal persona under a name or a right to sue or be sued by that name, See Fawehinmi V N. B. A. (NO.2) (1989) 2 NWLR (PT.105) 558; Iyke Med. Mmerch V Pfizer(2010) 10 NWLR (Pt.722) 540.
JURISDICTION AS THE ROCK OF GIBRALTAR IN PROCEEDINGS
Jurisdiction is the solid rock of judicial adjudication, the lifeblood of every proceedings, it is the stream on which litigation flows. In Mark Bamo Useni v. Alexander Mamchika Atta & Ors(2023) LPELR-59880(SC) where Per JAURO, J.S.C at Pp. 18-19 paras. D, held inter alia, that:
“This issue borders on the jurisdiction of the trial Court to entertain the suit filed by the 1st Respondent. The prominent role of jurisdiction of a Court in the adjudicatory process cannot be overemphasised, for without jurisdiction, a Court is without competence to adjudicate over or entertain any matter before it. It is for this reason that jurisdiction is referred to as the lifeblood of adjudication. Jurisdiction is to adjudication; what oxygen is to human beings. Any proceeding conducted in the absence of jurisdiction amounts to an exercise in futility and any decision reached will be nullified on appeal.”
Additionally, for a court be seized of jurisdiction the following conditions must be present; a. The proper parties are before the court. b. The subject matter fails within the jurisdiction of the court. c. The composition of the court as to members and qualifications. d. The suit commenced by due process of law and upon fulfillment of any condition precedent to assumption of jurisdiction. See the case of C.B.N. V. SAP Nig. Ltd(2005)3 NWLR (PT. 911) P.152 Ratio 2. Madukolu V. Nkemdilim (1962)2 SCNLR 34 I, Sken Consuit. V. Ukey (1981) I SC. 16.
THE CRUX OF THE ABOVE CONCEPTS AND ITS IMPLICATIONS ON JURISDICTION OF COURT
Locus Standi and Legal personality has been exhaustively discussed above. It is worthy to note that these preliminary concepts affect the Jurisdiction of a court to entertain matters, without them the court is not clothed with powers to hear any matter brought before it.
Therefore, when a person or an entity both lack locus standi or has no personality in law, the matter ab initio is void, because it is long settled that when a
Plaintiff or prosecution lacks the locus standi to institute a case, it automatically robs the court of the jurisdiction to hear the case no matter the public importance of the issues raised in such suit, See Liba V. Koko (2017) 11 NWLR (PT 1576) page 335 @PP. 355-356, PARAS. H-C.
Lastly, it is important that these two preliminary concepts( Locus standi & Legal personality) are critically examined, before actions are brought to court, because it is germane to know that competence and incompetence of an action affects the Jurisdiction of court, See Attorney-General of Lagos State v. Hon. Justice L.J. Dosunmu (1989) 3 NWLR (Pt. 111) pg. 552 @ 558
ratio 2 & @ 556 para A & @ 567 paras A-C.
Writers:
Simeon Akala, LLB
simeonakala24@gmail.com
https://www.linkedin.com/in/simeon-akala-7948081a6
Goodness E. Ehidiamhen
https://www.linkedin.com/in/goodness-ehidiamhen-43454a38a
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