LEGAL NUGGETS (Series 110) - ISSUE: APPEAL BY INTERESTED PARTY-Whether the Issue of Locus Standi is a Valid Ground of Opposition to an Application for Leave to Appeal as an Interested Party.- By Adedotun Habeeb Adetunji, LL.M (M.IoD), FCAI

ISSUE: APPEAL BY INTERESTED PARTY-Whether the issue of locus standi is a valid ground of opposition to an application for leave to appeal as an interested party.

PRINCIPLE:
"There is no doubt that the Respondent has not positively and categorically
controverted the reason for the leave to appeal sought.

On the contrary, he challenges the locus standi of the Appellants. It is the lack of locus standi on the record of appeal that ignites and generates the conferment of a locus standi by the constitutional enablement vide Section 243 (a) of the 1999 Constitution for such an Applicant as the
instant ones herein.

Accordingly, the issue or question of locus standi cannot be raised as a valid ground of
opposition to an application for leave to appeal as an interested party.
It is the absence of locus standi and the desire/need to obviate same that is the reason or raison deter for Section 243 (a) of the 1999 Constitution provided to enable such persons who are not parties who have no locus standi to seek the Order of a Court of Law upon their showing facts/circumstances of their interest and prejudicial effect of the judgment/rulings complained about on them to be allowed to be parties and to appeal." Per DANJUMA, JCA.(Pp.8-9,Paras.B-A).