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N125m Donations: Lawyer Sues Sanusi, Agf - Politics (2) - Nairaland

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Re: N125m Donations: Lawyer Sues Sanusi, Agf by uche13: 5:17pm On Feb 27, 2012
He can not sue as a citizen. The case would be dismissed immediately and he knows it sef. I would try to do a short note on locus standi in order to educate everyone of its importance in instituting an action.
Re: N125m Donations: Lawyer Sues Sanusi, Agf by gree212: 5:26pm On Feb 27, 2012
Make I hear jare, When the country refused to provide security for its citizens, its only right for him to be generous to the families that lost their lives. If the country did all they could to avoid such circumstances, this act of generosity wont be necessary and we wouldn't have lost so many lives. If this money was not given to these victims or was put into his private pocket or was not approved by the president/board of CBN then it might be illegal. Don't forget that Mr Sanusi is not an illiterate, uneducated, incompetent or otherwise. How can a country attack the generosity of a man? By the way, do you know how many bread winners died in the blast? Do you know how many, http://giftemezu..com/2012/02/n125m-donations-lawyer-sues-sanusi.html#more
Re: N125m Donations: Lawyer Sues Sanusi, Agf by buzor(m): 6:50pm On Feb 27, 2012
Lets hope and watch how d case ll proceed in d court of law. Mr sanusi is a religious bigot. I only wish more nigerians ll join in this case against a sharia propagationist. Even if they dont win d case, by d end of the proceeding, they must ve done a serious damage to his image. He has only succeeded in making more nigerians unemployed in d banking sector.
Re: N125m Donations: Lawyer Sues Sanusi, Agf by Kobojunkie: 10:21pm On Feb 27, 2012
uche13:

He can not sue as a citizen. The case would be dismissed immediately and he knows it sef. I would try to do a short note on locus standi in order to educate everyone of its importance in instituting an action.

Why can't he sue as a citizen? undecided undecided
Re: N125m Donations: Lawyer Sues Sanusi, Agf by uche13: 10:25am On Feb 28, 2012
The term locus standi actually denotes the legal right of a person to institute proceedings in a court of law.
The fundamental reason why locus standi is of utmost importance is underscored by section 6(6) CFRN which states thus:

“The judicial powers vested in the courts established under the constitution shall extend: ‘to all matters between persons, or between government or authority and any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person”.

This principle was further laid out in a very popular case involving Senator Adesanya v. the President of the Federal Republic of Nigeria where the Supreme Court further buttressed this principle and also held thus:

“……What this therefore means is that a litigant must show that the act of which he complains affects rights and obligations peculiar or personal to him. He must show that his private rights have been infringed or injured or that there is a threat to such infringement or injury”.
In cases involving public law litigations, an ordinary individual does not have locus standi. The reason is that such litigations involve public rights and duties which belong to or are owed to all members of the public including the plaintiff. It is only where he has suffered special damage over and above that suffered by the public generally that he can sue personally. (Fidelis Nwadialo – civil procedure in Nigeria).

The implication of the foregoing is that it is only the Attorney-General of the State or the Federation that can sustain this kind of suit.
Another rationale behind this principle more so as it affects public litigation is that if every individual has the locus standi to just approach the court and sue the government on any matter, it would mean that the only job the government would be able to carry on would only be court-related as there would be multiplicity of suits and any individual would be able to sue the government on any frivolous matter.

Late Chief Gani Fawehnmi had most of his matters struck out in court because of this very principle. However, things turned around when he became an SAN. As an erudite lawyer that he was, he was able to convince the court that since he swore to protect the sanctity of the constitution as an individual during his swearing in as an SAN, he can sue anybody including the government whose action contravenes any section of the constitution and the court agreed with him.
Re: N125m Donations: Lawyer Sues Sanusi, Agf by Kobojunkie: 9:18pm On Feb 28, 2012
Now after reading the definition you have up there, again, tell us why this man cannot sue the CBN for essentially wasting OUR MONEY? That remains the question here. How does bringing up Locus Standi in the case mean this man cannot sue the CBN?
Re: N125m Donations: Lawyer Sues Sanusi, Agf by uche13: 5:48pm On Feb 29, 2012
Thought i had already explained that well. He cannot sue the CBN because he lacks the right to sue on behalf of everybody as it is not only his interest that is at stake. Simple!.
Re: N125m Donations: Lawyer Sues Sanusi, Agf by Kobojunkie: 8:59pm On Feb 29, 2012
uche13:

Thought i had already explained that well. He cannot sue the CBN because he lacks the right to sue on behalf of everybody as it is not only his interest that is at stake. Simple!.

Let me try to make this even more easier. Where in the article are you told that he is suing on behalf of EVERYBODY. I think understanding the difference between suing under the pretense of representing the people, and simply suing to point out wrong doing will help here.
Re: N125m Donations: Lawyer Sues Sanusi, Agf by uche13: 10:20am On Mar 01, 2012
He can not sue in his own capacity because it is not a personal wrong doing or grievance. Anyway watch out and see as the events unfold. Maybe you would understand better then.
Re: N125m Donations: Lawyer Sues Sanusi, Agf by Kobojunkie: 11:52am On Mar 01, 2012
uche13:

He can not sue in his own capacity because it is not a personal wrong doing or grievance. Anyway watch out and see as the events unfold. Maybe you would understand better then.

Again, he can claim a violation of the law of the country. He does not have to make it personal . . . we live in a democracy and as a citizen, it is each person's right to ensure that the laws and rules are upheld. So far, the article does not suggest the man is suing for personal wrong doing but simply suing as a citizen here of the state. Why not support him and help in securing the future of Nigerians by standing with this man to ensure the law is upheld in all areas of our society, even the CBN? ** 5 am yawn follows**
Re: N125m Donations: Lawyer Sues Sanusi, Agf by alahamad(m): 8:45pm On Mar 01, 2012
loads of hypocritical sentimentalist flooding this thread,

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