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Supreme Court · 1981
Who may bring an action to challenge the constitutionality of an act of government?
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This decision is reported in the Nigerian law reports. Locate it by its case name in a law report series or through the court's own record, and read the judgment before relying on it.
The question the court actually had to answer. Everything a judgment settles flows from this, and nothing beyond it does.
Who may bring an action to challenge the constitutionality of an act of government?
A senator challenged an appointment made by the President, having taken part in the proceedings of the Senate that considered it.
The question was whether he had sufficient interest to bring the challenge to court at all.
The Supreme Court held that the action failed for want of standing on the facts before it.
A plaintiff must show a sufficient interest in the matter — a civil right or obligation of their own that is in issue — before a court will entertain the claim.
Stated narrowly, as the case is genuinely cited for — not stretched into the broader proposition it is often summarised as.
A person challenging governmental action must show sufficient interest of their own; a general interest shared with every citizen is not by itself enough.
Our explanation of what the decision means for an ordinary reader. It is not the judgment.
Before a court will hear you, it asks what this has to do with you. Being a concerned citizen has, historically, not been enough on its own to challenge a government decision that does not touch your own rights.
This rule has been softened in the years since, particularly in fundamental rights and public-interest matters, and modern rules of court on rights enforcement are far more generous. But standing is still the first question, and it is still where public-interest cases die.
The part most summaries leave out, and the part that most often causes a case to be cited for something it never decided.
Named generally. Read the official text of any instrument you intend to rely on.
This decision is reported in the Nigerian law reports. Locate it by its case name in a law report series or through the court's own record, and read the judgment before relying on it.
Subject area: The Constitution