The origin and meaning of locus standi was traced and explained by OGBUINYA, J.C.A. in INEC V. OGBADIBO LOCAL GOVT COUNCIL & ORS (2014) LPELR-22640(CA) (Pp. 24-25 paras. F), thus: “From an etymological perspective, the cliché expression, locus standi, traces its roots to Latin language, which means: ‘place of standing’.
“In its expounded legal form, locus standi denotes the legal right or capacity of a person to institute an action in a court of law when his right is trampled upon by somebody or authority. The locus classicus on locus standi in the Nigerian jurisprudence is the case of Adesanya v. The President, FRN (1981) 5 SC112/ (1981) 2 NCLR 358. Nigerian citizens derive their locus standi from the Constitution, statutes, customary law or voluntary arrangements in organization involving their civil rights and obligations, see Odeneye v. Efunuga (1990) 7 NWLR (Pt. 164) 618. Locus standi was evolved to protect the court from being converted into a jamboree by professional litigants or meddlesome interlopers who have no interest in matters, see Taiwo v. Adegboro (2011) 11 NWLR (Pt. 1159) 562.”
According to judicial pronouncement, locus standi was evolved to protect the court from being converted into a jamboree by professional litigants or meddlesome interlopers who have no interest in matters. The Supreme Court also stated the importance of locus standi in pre-election matters in the case ALAHASSAN & ANOR V. ISHAKU & OTHERS (2016) LPELR-40083(SC) (Pp. 39 paras. D), where it held thus: “As I said earlier, the appellant is a member of the PDP, not APC, and even if he is a member of the APC, he would have no locus to challenge the nomination of the 1st Respondent as he is not one of the aspirants who participated in the primary election. In my view, Appellant is a meddlesome interloper who, having assumed the role of a hired mourner, is crying more than the bereaved”. Per PETER-ODILI, JSC.
The Court of Appeal, Abuja Division, cited with approval the above pronouncement of the Supreme Court on locus standi when it held in the case of CIROMA & ANOR V. MUHAMMAD & ORS (2019) LPELR-49371(CA) (Pp. 53-54 paras. F) thus: “It is trite law that the rule about locus standi is developed in order to protect the courts from being used as a playground by professional litigants or meddlesome interlopers, who really have no real stake or interest in the subject matter of litigation.” See ALAHASSAN & ANOR V. ISHAKU & ORS. 2016 LPELR- 40083 SC.
There is a plethora of cases and decisions on the issue of whether a member of a political party can sue another political party for non-compliance with the provisions of the Electoral Act. It is evident, based on judicial decisions, the court is determined to protect itself, the citizenry and the entire legal system from chaos.
In another decision of the Court of Appeal, Port Harcourt Division, on the 29th day of November, 2022, in the case of PDP V. INEC & OTHERS, Appeal No.CA/PH/480/2022, particularly at Pg 30, the court held thus: “The appellant is a member of PDP not APC, and even if he is a member of the APC, he would have no locus to challenge the nomination of the 1st Respondent as he is not one of the aspirants who participated in the primary election. In my view he is a meddlesome interloper who having assumed the position of hired mourner is crying more than the bereaved.” Per Gabriel Omoniyi Kolawole, J.C.A.
It should be noted that the courts have in some cases uses the word meddlesome interloper and busybody concurrently, as could be seen in the case of USMAN V. APC & ORS (2020) LPELR-50308(CA), (Pp. 74-75 paras. D-D)
The Court of Appeal, Sokoto Division, held as follows: “…Even though the appellant claimed to have won the primaries in question, he is in law deemed not to be an aspirant in the primaries. It is trite that only an aspirant has the necessary locus standi to institute an action against the conduct of the primaries. The appellant in this case has no locus standi to institute an action against the conduct of the primaries in question. The appellant is a busybody, a meddlesome interloper. See PDP V. SYLVA and EMENIKE V. PDP. The lower court lacks the jurisdiction to entertain the suit hence the appellant lacks the locus standi to institute same.” Per Talba, J.C.A.
In the recent decision of the Court of Appeal, Portharcourt Division, last month, January 5, 2023, in the case ABUEH & OTHERS V. PDP & OTHERS (2023) LPELR-59436(CA), particularly at Page 4 paras. C, the court held thus: “A political party is not allowed by extant Electoral Act, 2022, and the Constitution of the Federal Republic of Nigeria, to sue another political party in a bid to challenge the nomination of the latter party’s candidates elected from primary election conducted by the latter political party and seeking to prevent the Independent National Electoral Commission (INEC) from acting on the list of candidates submitted to it by the political party sued.” Per ADEGBEHINGBE, J.C.A (Pp. 4 paras. C).
In conclusion, it is also important to consider the decision of the Court of Appeal, Makurdi Division, on January 23, 2023, in the case of PDP & OTHERS V. INEC & OTHERS, Appeal No. CA/MK/PE/15/2022, particularly at Page 24, paras. B, where the issue of locus standi was also buttressed.
The court held as follows: “In the light of all I have stated above, it seems clear to me and I so firmly hold that by whatever canons of interpretation employed on the provisions and wordings of Section 285(14)(c) of the Constitution of Nigeria, 1999, as amended, it can neither accommodate nor confer any locus standi on one political party to challenge the internal affairs or planning, preparations and holding of the primary election of another political party. Simply put, the Appellants/Cross-Respondents, being PDP and its candidates for the House of Representatives in the 2023 general election, lack the locus standi to challenge by way of instituting their suit before the lower court to challenge the planning, preparations and holding or even non holding of primary elections by the 2nd Respondent, APC.” Per Sir Biobele Abraham Georgewill, J.C.A.
