M. ALI & ANOR VS THE STATE
July 21, 2025PAUL NWADIKE & ORS V CLETUS CLETUS IBEKWE & ORS.
July 21, 2025Legalpedia Citation: (1987-12) Legalpedia 84588 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Fri Dec 18, 1987
Suit Number: S.C. 43/1987
CORAM
OBASEKI, JUSTICE SUPREME COURT
NNAMANI, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
BELLO, JUSTICE SUPREME COURT
ESO, JUSTICE SUPREME COURT
WALI, JUSTICE SUPREME COURT
CRAIG, JUSTICE SUPREME COURT
PARTIES
CHIEF GANI FAWEHINMI
APPELLANTS
COL HALILU AKILU & ANOR.
RESPONDENTS
AREA(S) OF LAW
LOCUS STANDI-CONSTITUTIONAL REMEDY(ORDER OF MANDAMUS)-NOTABLE PRONOUNCEMENT- WORDS AND PHRASES
SUMMARY OF FACTS
The appellant at the High Court applied for leave to apply for an order of mandamus which was dismissed. An appeal to the Court of Appeal was also dismissed, hence this present appeal.
HELD
Appeal Allowed.
ISSUES
(1) The issue of locus standi
(2) The issue of quantum of proof of materials to support the application for the leave
RATIONES DECIDENDI
LOCUS STANDI
It is fundamental that an applicant for leave to apply for an order of mandamus must have locus standi to make the application before leave can be granted by the court. Indeed, the party making any claim and bringing any application before the court must have locus standi. Per Obaseki JSC
IMPORTANCE OF LOCUS STANDI
If the plaintiff has no locus standi, the court has no jurisdiction to entertain the matter and it must be struck out. Per Obaseki JSC
WHEN A PARTY’S STANDING TO SUE (I.E. LOCUS STANDI) IS IN ISSUE
When a party’s standing to sue (i.e. Locus standi) is in issue, the question is whether the person whose standing is in issue is the proper party to request an adjudication of a particular issue and not whether the issue itself is justiciable. Thus, one has to look at the cause of action and the facts of the case to ascertain whether there is disclosed a locus standi or standing to sue. Per Obaseki JSC
CAUSE OF ACTION
The cause of action, if any, will disclose facts from which it could be ascertained whether there is an infringement of or violation of the civil rights and obligation on the party which, if established before the court, will entitle him to relief or remedy. Per Obaseki JSC
NOTABLE PRONOUNCEMENT
The peace of the society is the responsibility of all persons in the country and as far as protection against crime is concerned, every person in the society is each other’s keeper. Since we are all brothers in the society, we are our brother’s keeper. If we pause a little and cast our minds to the happenings in the world, the rationale for this rule will become apparent. Per Obaseki JSC
RECIPIENT OF AN ORDER OF MANDAMUS
An order of mandamus is directed to an individual, body, tribunal or inferior court requiring the performance of some specified thing in the nature of a public duty appertaining to his office. The performance of the duty need not involve a judicial function. Per Obaseki JSC
RECIPIENT OF AN ORDER OF MANDAMUS
The proposed recipient of the order must be an individual, body, tribunal or inferior court with a public duty to the applicant. It is not available where there is no duty but only a discretion. The duty must be reasonably certain but may be a duty to exercise a discretion. Per Obaseki JSC
STAGES FOR ORDER OF MANDAMUS
The 1st stage is to apply ex parte for leave to apply for the order. The Rules of Court and the Law prescribe this. Thus, it is first necessary to obtain leave to apply for the order of mandamus. Per Obaseki JSC
STAGES FOR ORDER OF MANDAMUS
The second stage of the application comes when leave is granted. It is then that the substantive application is heard. When leave to apply for the order of mandamus has been granted, the applicant must serve an originating motion on all persons directly affected. A copy of the statement must be served with the notice of motion. An affidavit of service must be sworn. Per Obaseki JSC
REFUSAL OF ORDER OF MANDAMUS
The court may refuse to make an order of mandamus:
(1) unless it has been shown that a distinct demand for performance of the duty has been made and that the demand has deliberately not been complied with
(2) where there is undue delay;
(3) where the applicant’s motives are unreasonable. Per Obaseki JSC
CASES CITED
Senator Adesanya v. The President (1981) 2 NCLR.338 at 385.
Irene Thomas v. Olufosoye (1986) 1 NWLR (Part 18) 669
Amusa Momoh & Anor. v. Jimoh Olotu (1970) 1 All NLR. 117
Oloriode & Ors. v. Oyebi & Ors. (1984) 5 SC. 1 at 28
Oloriode & Ors. v. Oyebi & Ors. (1984) 5 SC. 1 at 28
R v. Northumberland Quarter Sessions ex p. Williamson (1965) 2 All E. R. 87 (1965) 1 W.L.R. 700
Re: Fletcher’s Application (1970) 2 All ER. 57.
R. v. Wilts & Barks Canal Co. (1912) 3 KB. 623
R. v. Vestry of St. Pancras (1890) 24 QBD. 371
Padfield v. Minister of Agriculture, Fisheries and Food (1968) AC. 997 (1968) 1 All E.R. 694 HL;R. v. Beacontree J.J. ex p. Mercer (1970) Cr. LR. 103.
Rex v. Inland Revenue Commissioners ex p. National Federation of Self Employed and Small Businesses Ltd. (1982) AC. 6/7
R. v. Wilts & Barks Canal Co. (1835) 3 Ad & E.C. 477
R. v. Stoke-on-Trent Town Clerk (1912) 2 KB. 518;
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria 1979
Criminal Code Law
Criminal Procedure Law of Lagos State
High Court of Lagos State (Court Procedure) Rules
