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</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</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</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</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</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</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</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</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</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</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</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</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</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</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</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</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</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</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)</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</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</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</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</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</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</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</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</p> Signup and view all the answers

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