OJO SAMUEL OLUSHOLA VS W. J FALAIYE
September 8, 2025B. A. LAWAL AND ORS. VS YOUNAN & ORS.
September 8, 2025Legalpedia Citation: (2022-02) Legalpedia 15424 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Jun 8, 1961
Suit Number: SC. 290/1960
CORAM
ADEMOLA, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
ATTORNEY GENERAL, NORTHERN REGION
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE – LOCUS STANDI-JURISDICTION
SUMMARY OF FACTS
The appellant applied for a declaration that Part VIII of the Children and Young Persons Law which restricts juveniles from certain political activities is contrary to the Sixth Schedule to the Nigeria (Constitution) Order in Council.
HELD
The court held that the appellant did not show any interest to be entitled to the declaration sought.
ISSUES
Whether the court can make a declaration in favour of party who has shown no interest or locus in the subject of complaint.
RATIONES DECIDENDI
PREREQUISITE FOR GRANTING A DECLARATIVE RELIEF
‘A declaration can only be made in favour of an interested party and a person asking for a declaration must therefore first show that he has an interest in the subject matter.’ Per Unsworth F.J
CASES CITED
Dyson v. Attorney-General (1911) 1 K.B. 410 and 1912 1 Ch. 158
Pyx Granite Co. Ltd. v. Ministry of Housing and Local Government (1958) 1 Q.B.554
Guaranty Trust Co. of New York v. Hannay (1915) 2 K.B. 536
Dwarkadas v. Sholapur Spinning Co. (1954) S.C.A. 132, and A.I.R. (1954) S.C. 119
Massachusetts v. Mellon (1923) 262 U.S. 447 at 488
STATUTES REFERRED TO
Not Available
