The Section on Public Interest and Development Law (SPIDEL) of the Nigerian Bar Association (NBA), under the chairmanship of Associate Prof. Uju Agomoh, on Saturday hosted the 9th edition of its Webinar Series, focusing on the theme: “The Doctrine of Locus Standi and its Impact on Public Interest Litigation in Nigeria.”
The webinar featured Dr. Monday Ubani, SAN, as the lead speaker, while Bulus Atsen, fsi, Vice Chairman of the NBA-SPIDEL Litigation Committee, moderated the session. The Chairman of the NBA-SPIDEL Litigation Committee, Mba Ukweni, SAN, also participated alongside senior advocates, academics, and legal practitioners from across the country.
The Chair of NBA-SPIDEL Uju Agomoh in her opening remarks
stated that
”The Doctrine of Locus Standi and Its Impact on Public Interest Litigation in Nigeria,” addresses one of the most significant procedural issues in our legal system and that its application has often generated vigorous debate regarding its effect on public interest actions and the ability of citizens, civil society organisations, and public-spirited individuals to challenge unlawful conduct and protect collective rights.
In her words: ‘
Public Interest Litigation remains an indispensable instrument for promoting accountability, defending constitutional values, protecting vulnerable communities, and ensuring that governmental and private powers are exercised within the confines of the law. However, questions surrounding standing continue to shape the extent to which the courts can serve as accessible forum for the vindication of public rights’.
She concluded her opening remarks by stating that: ‘This webinar therefore presents a timely opportunity for critical reflection and scholarly engagement. We are privileged to have a distinguished resource person – Dr Monday Onyekachi Ubani SAN – whose expertise and practical experience will guide us through the historical development of the doctrine, its current application by Nigerian courts, emerging trends in comparative jurisdictions, and the reforms that may be necessary to strengthen access to justice in our country.’
In a comprehensive presentation, Dr. Ubani SAN traced the historical development of the doctrine of locus standi in Nigeria, highlighting how judicial adherence to a restrictive approach has impeded the growth of public interest litigation and, by extension, accountability and good governance.
He examined key judicial authorities, beginning with Olawoyin v Attorney-General of Northern Nigeria, where the courts insisted on proof of personal injury, through the landmark decisions in Adesanya v President of Nigeria and Thomas v Olufosoye, which entrenched the restrictive standing doctrine. He noted that although decisions such as Gani Fawehinmi v Akilu and Gani Fawehinmi v President of Nigeria signalled a liberal shift, the most significant breakthrough came in Centre for Oil Pollution Watch v NNPC, which appeared to open the doors of the courts to public interest litigants and non-governmental organisations.
According to the speaker, however, the recent Supreme Court decision in Okonjo-Iweala v Fawehinmi suggests that the restrictive philosophy established in Adesanya remains substantially intact.
Drawing comparative lessons from India, Kenya, South Africa and the United Kingdom, Dr. Ubani observed that while India achieved liberal standing through judicial activism, Kenya and South Africa entrenched it constitutionally with visible impact in their development strides. He noted that even the United Kingdom, the originator of the personal injury test, has since embraced the broader “sufficient interest” standard, leaving Nigeria behind prevailing global trends.
The presentation further highlighted the findings and contributions of the speaker’s doctoral research on the subject and proposed constitutional, legislative, procedural and institutional reforms aimed at expanding access to justice through public interest litigation.
Participants described the session as enlightening and engaging, with many requesting copies of the speaker’s doctoral thesis. A strong consensus emerged that the NBA should intensify advocacy for liberal standing rules and champion the creation of specialised public interest litigation divisions within the High Courts and Federal High Court.
The webinar also endorsed stronger support for a proposed Public Interest Litigation Bill developed by Dr. Ubani, which seeks to eliminate judicial discretion in determining standing and establish clear statutory rules for public interest actions. Participants expressed optimism that such reforms would strengthen accountability, deepen democratic governance and promote the protection of public rights in Nigeria. The need for the proposed interventions to be implemented in partnership with NBA-SPIDEL was highlighted.
The event concluded with a unanimous call for sustained collaboration among the Bar, Bench, academia and civil society to advance public interest litigation as a vital tool for transparency, accountability and good governance in Nigeria.
