Locus Standi

Where a plaintiff has the necessary capacity and locus to bring an action and then brings it, failure to join a desirable party will not deprive him of his initial locus standi and then rob the Court of jurisdiction to entertain his action. See: Ekpere & Ors v. Aforije & Ors All NLR 220; Oloriede v. Oyebi(1984) 1 SCNLR 390.

This Court made it clear in Ardo V. Nyako (supra) that where the Party did not participate in the nomination exercise, "he cannot sue on the processes leading to and including the actual primary election". Looking at this standpoint in reverse, an aspirant, who participated in the nomination exercise, has the locus to sue on "the processes leading to and including the actual primary election"

SHUAIBU LAU V. PEOPLES DEMOCRATIC PARTY [PDP] &

From the provisions of Section 31(5) of the Electoral Act, 2010, as amended supra, it is not in doubt that it confers locus standi on any person" whether a member of a political party or not to invoke the jurisdiction of the High Court in accordance with the said provisions and the Court has the requisite vires to hear and determine his case: See Garba Vs Mohammed & Ors. (2016) 16 NWLR (Pt.1537) 114.

OZEGBE LAWRENCE V. PEOPLES DEMOCRATIC PARTY (PDP) &

I agree with the submission of learned counsel for the appellant that the decision of this Court in Garba v. Muhammed supra answered the question that a member of a party is not barred under Section 31(5) of the Electoral Act 2010 (as amended) from bringing an action against another member of his political party for giving false information in his affidavit or document to the electoral body.

OZEGBE LAWRENCE V. PEOPLES DEMOCRATIC PARTY (PDP) &