Constitutional Law: Locus Standi
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Questions and Answers

What is the Latin phrase that refers to the existence of a right of an individual or group of individuals to bring an action before a court of law for adjudication?

  • Title to Sue
  • Judicial Review
  • Locus Standi (correct)
  • Standing to Sue

What is the origin of the confusion regarding locus standi in Nigeria?

  • The 1979 Constitution of Nigeria
  • Lack of understanding of the concept by lawyers
  • Misapplication of the law by judges
  • The decision of the Supreme Court in Adesanya's case (correct)

In which year was the Constitution of Nigeria that was referred to in the text?

  • 1990
  • 1981
  • 1960
  • 1979 (correct)

Who delivered a seven-page judgment in Adesanya's case?

<p>Justice Mohammed Bello (D)</p> Signup and view all the answers

What was the outcome of Justice Mohammed Bello's judgment in Adesanya's case?

<p>He read Section 6(6)(b) of the 1979 Constitution into the law of locus standi (D)</p> Signup and view all the answers

What is the main purpose of the article?

<p>To offer a way out of the current confused state of locus standi in Nigeria (B)</p> Signup and view all the answers

What was the main point of contention regarding locus standi among the justices?

<p>The interpretation of section 6(6)(b) of the Constitution (D)</p> Signup and view all the answers

What was the view of Justice Uwais regarding Section 6(6)(b) of the Constitution?

<p>It depended on the facts and circumstances of each case (C)</p> Signup and view all the answers

What was the outcome of Adesanya's case according to Oputa JSC?

<p>A lack of consensus among the justices (A)</p> Signup and view all the answers

What was the approach of most later court decisions regarding locus standi?

<p>They proceeded from the premise that a Plaintiff must show that his civil rights and obligations have been or are likely to be affected (D)</p> Signup and view all the answers

What was the observation of Oputa JSC regarding locus standi?

<p>He had serious headache and considerable hesitation in views on locus standi (D)</p> Signup and view all the answers

What was the relationship between the majority and minority judgments in Adesanya's case?

<p>The majority and minority judgments were almost equally divided (A)</p> Signup and view all the answers

What is the primary focus of the concept of locus standi?

<p>The rights of a party to sue (D)</p> Signup and view all the answers

What is the significance of section 6(6)(b) of the Constitution according to Ayoola JCA?

<p>It deals with judicial powers and not individual rights (D)</p> Signup and view all the answers

What was the outcome of Ayoola JCA's judgment in NNPC V. FAWEHINMI (1998)?

<p>He properly put in perspective section 6(6)(b) of the Constitution (C)</p> Signup and view all the answers

What was the significance of Ayoola JCA's dissenting decision in F.A.T.B. V. EZEGBU (1994)?

<p>It was a new found position that did not attract consideration from other cases (A)</p> Signup and view all the answers

What is the relationship between locus standi and a cause of action?

<p>Locus standi is relative to a cause of action (C)</p> Signup and view all the answers

What is the primary objective of Section 6 of the Constitution?

<p>To delimit the boundaries of the separation of powers between the judiciary and other organs of government (B)</p> Signup and view all the answers

What is the main purpose of Section 6(6)(b) of the Constitution?

<p>To define the nature and extent of judicial powers vested in the courts (B)</p> Signup and view all the answers

What is the characteristic of the judgment in NNPC V. FAWEHINMI (1998) compared to other cases?

<p>It was a concurring opinion with other Justices on the case (B)</p> Signup and view all the answers

According to Ayoola JCA, what is the effect of Section 6(6)(b) of the Constitution?

<p>It describes the nature and extent of judicial powers vested in the courts (B)</p> Signup and view all the answers

What was the outcome of the case of OWODUNMI V.REGISTERED TRUSTEES OF CELESTIAL CHURCH & ORS. (2000)?

<p>The Supreme Court accepted the position of Ayoola JCA on the effect of Section 6(6)(b) (C)</p> Signup and view all the answers

What is the relationship between Section 6 and the right of access of the individual to the court?

<p>Section 6 is unrelated to the right of access of the individual to the court (A)</p> Signup and view all the answers

What is the purpose of Section 6 in defining the boundaries of judicial powers?

<p>To clarify the roles of the judiciary and other organs of government (C)</p> Signup and view all the answers

What is the implication of lack of locus standi for an NGO like HURILAWS?

<p>It restricts their ability to access the court (C)</p> Signup and view all the answers

What was the outcome of HURILAWS' challenge to the Sharia Penal Code Law of Zamfara State?

<p>The High Court of Zamfara State held that HURILAWS had no locus standi (C)</p> Signup and view all the answers

What was the consensus opinion of the participants at the conference in The Gambia?

<p>Locus standi as applied in some African Countries impedes access to court and justice (A)</p> Signup and view all the answers

What is the duty of a Nigerian citizen according to the learned CJN?

<p>To see that they are governed in accordance with the Constitution (B)</p> Signup and view all the answers

What was the outcome of HURILAWS' challenge to the government's action in setting up an inter-ministerial Committee?

<p>The court held that HURILAWS had no locus standi (C)</p> Signup and view all the answers

What is the implication of the High Court of Zamfara State's decision on HURILAWS' challenge to the Sharia Penal Code Law?

<p>The court's decision restricts access to justice for HURILAWS (C)</p> Signup and view all the answers

Flashcards

Locus Standi

The right of an individual or group to bring an action before a court.

Adesanya's Case

A Supreme Court decision that created confusion about locus standi in Nigeria.

1979 Constitution

The Nigerian Constitution referenced in discussions of locus standi.

Justice Mohammed Bello

Delivered the judgment in Adesanya's case concerning locus standi.

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Section 6(6)(b)

A part of the Nigerian Constitution interpreted in relation to locus standi.

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Purpose of Article

To provide clarity on locus standi in Nigeria amidst confusion.

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Justice Uwais' View

Believed interpretation of Section 6(6)(b) varies by case details.

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Oputa JSC's Outcome

A lack of agreement among justices in Adesanya's case.

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Court Decisions on Locus Standi

Plaintiffs must show their rights are affected by an action.

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Oputa JSC's Observation

Had hesitation and uncertainty regarding locus standi.

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Majority vs. Minority Judgments

In Adesanya's case, both sides were divided nearly equally.

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Rights to Sue

Focus of locus standi is about a party's right to initiate legal action.

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Significance of Section 6(6)(b)

Does not focus on individual rights but on judicial powers.

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Ayoola JCA's Judgment

Provided clarity on Section 6(6)(b) in NNPC V. FAWEHINMI (1998).

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Dissenting Decision in F.A.T.B. V. EZEGBU (1994)

Presented a new interpretation of locus standi.

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Locus Standi and Cause of Action

Locus standi determines if a party is entitled to sue based on their cause of action.

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Primary Objective of Section 6

To set limits on judicial powers versus government roles.

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Main Purpose of Section 6(6)(b)

Define nature and extent of judicial powers in courts.

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NNPC V. FAWEHINMI (1998)

Case where Ayoola's opinion matched with others concerning judicial powers.

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Ayoola JCA's Effect of Section 6(6)(b)

Explains nature and extent of judicial powers in courts.

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Outcome of OWODUNMI V. REGISTERED TRUSTEES (2000)

The Supreme Court confirmed Ayoola's position on Section 6(6)(b).

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Link Between Section 6 and Court Access

Section 6 does not relate to individual access rights to courts.

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Purpose of Section 6

To clarify roles between judiciary and government branches.

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Implication of Lack of Locus Standi for NGOs

Limits NGOs' ability to seek judicial relief.

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HURILAWS vs Sharia Penal Code Law

High Court ruled HURILAWS lacked locus standi in challenge.

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Consensus at Gambia Conference

Agreement that locus standi in Africa hinders justice access.

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Duties of Nigerian Citizens

To ensure governance aligns with the Constitution.

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Outcome of HURILAWS' Government Challenge

Court found HURILAWS had no locus standi against committee setup.

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Implication of Zamfara State's Decision

Limits HURILAWS' access to justice regarding Sharia Law.

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