in support, the Court will now consider the issues that require serious
consideration in the preliminary objections before delving into the
substantive matter, if necessary. We hold that there are four major issues to
be determined at this stage, namely:
a. Whether the first Applicant is a legal person and not being a
victim or related to a victim, have a standing to institute the
present action on behalf of the deceased victims.
b. Whether the facts put forward by the Applicants have
disclosed any cause of action.
c. Whether the action as presently constituted is an abuse of
Court process and/ or an academic exercise as alleged by the
3rd Defendant.
d. Whether the 2nd Defendant and by implication the 3rd
Defendant are proper parties to this suit. The Court will briefly
consider these issues seriatim.
a. Whether the 1st Applicant is a legal person and not
being a victim, or related to a victim have a standing
to institute the present action?
The Defendants raised in their objection the legal capacity of the
1st Plaintiff to institute the present action. They rightly contended
that locus standi is a condition precedent to the determination of
a case on its merit. Where the Plaintiff have no standing to bring
the action, the suit is incompetent and divests the Court of
jurisdiction to entertain same. They further contended that where
standing order is lacking the action must fail. They relied in the
case of ODAFE Vs. ECOWAS COUNCIL OF MINISTERS & 2
ORS SUIT N°: ECW/CCJ/APP/05/07 where this Court held that
since the Applicant has not personally or by his organization
suffered any harm he does not have the locus standi to bring the
application and it was thus declared inadmissible.
They also relied in SERAP Vs. FEDERAL REPUBLIC OF
NIGERIASUIT N°: ECW/CCJ/APP/09/11, RULLING N°
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