PATRICK IYAMAH & ANOR V. THE STATE
July 29, 2025OLUWATOYIN SOBAKIN V. THE STATE
July 29, 2025Legalpedia Citation: (1981) Legalpedia (SC) 19913
In the Supreme Court of Nigeria
Fri May 15, 1981
Suit Number: SC. 1/1981
CORAM
PARTIES
APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, who was a Senator, approached the court to set aside the appointment of the 2nd respondent as the Chairman of the Federal Electoral Commission. He had opposed the confirmation of the appointment at the debate in the house and lost.
HELD
The court held that he had no locus standi to institute the action.
ISSUES
whether or not a Senator as such or in his capacity as a citizen has locus standi to challenge the constitutionality of an appointment made by the President and confirmed by the Senate in accordance with the provisions of Section 141(1) of the Constitution
RATIONES DECIDENDI
THE DETERMINATION OF THE LOCUS STANDI OF A PARTY TO INSTITUTE AN ACTION
“It is only when the civil rights and obligations of the person, who invokes the jurisdiction of the court, are in issue for determination that the judicial powers of the courts may be invoked. In other words, standing will only be accorded to a plaintiff who shows that his civil rights and obligations have been or are in danger of being violated or adversely effected by the act complained of”- Bello J.S.C
WHETHER A LEGISLATOR CAN QUESTION THE MAJORITY DECISION OF THE HOUSE BY RESORT TO THE COURT
When legislators either in the National or State Assemblies exercise their right of either making laws or in circumstances in which they are authorised by the Constitution to approve or confirm certain actions they are bound by the majority decisions. There is no provision in the judicial powers provided in Section 6 of the Constitution for any legislator to appeal to any court against the majority decisions”- Sowemimo J.S.C
CASES CITED
Bengal Immunity Co. v. State of Bihar (1955) 2 SCR 602;
Frothingham v. Mellon (1925) 262 U.S. 447;
Thorson v. Attorney-General of Canada (1974) 1 NR 225,
McKinlay v. Commonwealth (1975) 135 CLR
Harrington v. Scheslinger 32 S.F. 455 (1975)
Harrington v. Bush 553 Federal Report 2nd Series (1977)
Daughtrey v. Carter 584 Federal Report, 2nd Series 1050 (1978
Paul Poe v. Abraham Uliman 367 U.S. 497 Led 6 2d 989, 81 S.Ct 1752
STATUTES REFERRED TO
The 1979 Constitution
