LOCUS STANDI IN PUBLIC INTEREST LITIGATION UNDER THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA: A REVIEW OF THE ROLE OF THE JUDICIARY

Abstract

This work encompassed a review of the role of the judiciary in interpretation of locus standi in public interest litigation under the Constitution of the Federal Republic of Nigeria 1999 (as amended). It is a well-known fact that the principle of locus standi had been misunderstood and equally misapplied more often than not in our judicial system. Following the earlier decision of Abraham Adesianya’s case in the interpretation of the Constitutional provision in section 6(6) (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), in determining whether a party has the locus standi to initiate a legal action in a court of law. The work had succeeded in exposing that current attitude of courts in Nigeria to this principle had affected the efficient and effective administration of justice and access to court by the individual in the society. This work made use of doctrinal method of research which combined information obtained through primary and secondary sources of data collection. The research recommended that as athreshold that has direct bearing on the right of access to the court, the approach to the application of locus standi by the apex court needed to shift from that in Abraham Adesianya v The President1of Nigeria’s approach that has widely acknowledge to be restrictive by the justice of the apex court in Fawehinmin v Akilu2. It is our assertion and believe that adopting this approach will be of immanence help in advancing our legal system by delimiting the restriction on access to court and the efficient dispensation of justice in our law court systems. Key words: Locus Standi, Public Interest, Litigation, Constitution and Judiciary