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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The problem with standing to sue in Nigeria
Author:Ogowewo, Tunde I.ISNI
Year:1995
Periodical:Journal of African Law
Volume:39
Issue:1
Pages:1-18
Language:English
Geographic term:Nigeria
Subject:administration of justice
Abstract:The one test used by courts in Nigeria to determine standing to sue in all doctrinal contexts was formulated in the Nigerian Supreme Court's decision in Adesanya v. President of the Federal Republic of Nigeria & Anor (1981), generally regarded as the locus classicus on standing to sue. As a result of its constitutional pedigree the test applies in all contexts regardless of the cause of action or the remedy sought; it has extinguished the common law standing rule in public nuisance; where a court applying the test determines that a plaintiff has no standing, it cannot assume jurisdiction in the matter; and finally, an analytical application of the test bars entitlement to relief where the exercise of public power adversely affects an interest that falls short of a private legal right. Against this background, it is hardly surprising that the courts regard standing to sue as a 'troubling issue'. The present author argues that the standing principle appears 'troubling' only because the test the courts apply is not functional. The article also debunks the very basis of the test - the notion that under Nigerian law the standing to sue requirement is a constitutional imperative - by revisiting the Adesanya decision that is assumed to have established it. Notes, ref.
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