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Locus standi has been described as an unquestionable threshold issue.In order that a court may have jurisdiction,the plaintiff must have locus standi to commence or institute the action.Hence locus standi has also has been described as a forerunner to jurisdiction See : Madukolu v. Nkemdilim (1962)2 SCNLR 341
The rigth to sue or locus standi or standing to sue (in literary terms) cannot be presumed or implied.It can only be conferred by statute or by the Constitution or some customary law See: Financial Merchant Bank ltd v. NDIC (1995)6NWLR (Pt.400)226
However the locus standi to sue on a bill of lading for example is either in contract,bailment or tort of negligence is statutory and derivable from section 375(1) of Merchant Shipping Act Cap.224 laws of the federation of Nigeria 1990 See : Broadline Ent. Ltd v. Monterey Maritime Corp. (1995)9NWLR (Pt.417)1
In order for a court to have jurisdiction a plaintiff must have locus standi to commence or institute the action .Accordingly where it is proved that a plaintif lacks locus standi to initiate an action the court will decline jurisdiction as it would have none. See: M.V. Bacoliner 3 v. Adeniji (1993)2NWLR (Pt.274)195
So locus standi and Jurisdiction are twin brothers one cant do without the other!
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