The Problem with Standing to Sue in Nigeria
- 1 January 1995
- journal article
- research article
- Published by Cambridge University Press (CUP) in Journal of African Law
- Vol. 39 (1) , 1-18
- https://doi.org/10.1017/s0021855300005854
Abstract
The function of a legal test is to navigate the court through various possible solutions to achieve the optimum result in the application of a legal principle. It therefore forms part of the process for securing a just result to a controversy in adversarial proceedings. A well-articulated legal test should reflect the judicial policy on the principle it applies. Such a test should generally yield results that are just and are in consonance with the policy behind the principle. If the test fails in this respect, it ceases to be functional. It is against this background that the one test used by Nigerian courts to determine standing to sue in all doctrinal contexts will be examined.Keywords
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