1015 Fria Close, Formella Street, Adetokunbo Ademola Crescent Wuse 2, Abuja
Federal Republic of Nigeria, and the 1st Defendant relied on all the depositions in
the affidavit.
In his legal arguments, the Counsel to the 1st Defendant formulated two issues for
determination, namely;
a. Whether from the facts and circumstances of the case there exists
reasonable cause of action and / or locus standi on the part of the Applicants
to activate the judicial power of this Court.
b. Whether the claims of the Applicants in this suit are grantable having
regards to the facts and circumstances of the suit.
With regard to the first issue, the 1st Defendant argued that a cause of action is a
“bundle or aggregate of facts which the law will recognize as giving the Plaintiff a
substantive right to make the claim for the relief being sought”.
To him, the fact on by the Plaintiff to support his claim must be one recognized
by law as giving rise to a substantive right capable of enforcement against the
Defendant. Where the application discloses no cause of action, the statement of
claim (application) will be struck out and action dismissed.
The 1st Defendant further argued that a nexus exists between cause of action and
locus standi.
Accordingly, where a party commences an action in which no reasonable cause
of action exists, the locus standi of such party is affected and the consequence is
that he cannot validly activate the judicial powers of this Court.
Citing the Nigerian case of Oloriode Vs Oyebi (1984) 5 S C 1 at 28, he posited
that;
“it is a basic principle of law that no action can lie where there is no reasonable cause of
action and the requisite locus to sue is absent because these fundamental principles of law
render the process incompetent”
He therefore concluded that from the originating process filed by the Applicants,
the 1st Applicant has no locus to commence the action having done so for and on
behalf of families of the persons shot dead by officers and men of the 2nd and 3rd
Defendants. This is because, to him, a person suing on behalf of a deceased, must
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