Bernard Akomas V. Government Of IMO State & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment)

The Appellant at the High Court of Imo State in suit no. HOW/726/2012 against the Respondents by way of originating summons challenged the constitutionality of some provisions of the Imo State Autonomous Community Councils Administration Law No. 1 of 2012. The prayers were supported by an affidavit. The 2nd defendant who is the 2nd Respondent in this appeal filed a counter affidavit and joined issues with the Appellant.

The Appellant and 2nd Respondent placed their argument of the suit in writing before the Court. In its judgment, the trial Court struck out the suit on the basis that the body of the affidavit in support of the originating summons is replete with averments showing that the cause the plaintiff was pursuing in the suit belongs to the Achara Town Union in Obowo Local Government Area of Imo State and therefore that the claimant lacked the locus standi to institute the suit personally.

The Appellant in this appeal set out two issues for determination

?(a) Whether the trial judge?s decision which was based on an issue outside the contention of the parties raised by

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himself suo motu and on which the parties were not heard is not in breach of the claimant?s fundamental right to their hearing; and

(b) Whether in view of the claimant?s reliefs and the question before it in the originating summons, the trial Court misconceived the case and thereby came to a wrong conclusion in holding that the absence of the Achara Town Union defeated the claimants? standing to bring his suit and rendered it incompetent.

Appellant?s issue one has a very straight forward answer. The issue of the locus standi of the claimant was not raised suo moto by the trial Court. It was rather raised by the 2nd defendant in Paragraph 13 of its counter affidavit where it posited thus ?13. The claimant is kicking against a bill made for the administration and development of autonomous communities in Imo State and which does not affect the claimant as a person.? The trial Court was therefore acting within its rights in dealing with the issue of locus standi.

It is correct that a substantial part of the claimant?s affidavit in support of the originating summons dealt with issues relating to Achara Town

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Union. But if their materials are excised from the processes, there are still enough materials left to found the locus standi of the Appellant. I refer to Paragraphs 10, 11, 12, 13, 14 15, 16, 17, 18, and 19 of the affidavit in support of the originating motion.

Locus standi is the legal right of a party to an action to be heard in litigation before a Court of law or Tribunal. For a party to have locus standi, he must be able to show that his civil rights and obligations have been or in danger of being infringed. It is immaterial that the claimant may not succeed. However, the action must be justiciable and there must be a dispute between the parties. See Inajeku vs. Adeleke (2007) 4 NWLR (Pt. 1025) 423, Ajayi vs. Adebiyi (2012) 11 NWLR (Pt. 1310) 137.

In the instant case, the Appellant has a personal grouse against the Respondents. This appeal succeeds. The striking out order of suit no HOW/726/2012 made on 17-3-2014 by the Imo State High Court is hereby avoided.