Liberalization of the Rule on Locus Standi before Nigerian Courts: Lessons from India

Abstract

Abstract In Nworika v Ononeze-Madu, the Nigerian Supreme Court upheld the decision of the lower court, denying the appellant standing to challenge the decision of the Imo State government. This highlighted the position of Nigerian courts on the rule of locus standi, which denies access to justice for many Nigerians who seek a court order to declare a law unconstitutional or to challenge the actions of the government or its agencies. This article examines the context of the application of the rule of locus standi before Nigerian courts and argues that the decision of the Supreme Court in Adesanya v President of Nigeria, which is the classic authority on the strict rule of locus standi in Nigeria, is outdated in the context of contemporary human rights development and that Nigerian courts can learn from the Indian courts that have discarded the strict application of the rule of locus standi through judicial activism.