populous country, has lately become the target of attacks by corrupt and retrogressive elements. Recently, one Odengene who was the plaintiff in the above referenced suit alleged that the Labour Party did not notify him of the conduct of its governorship primary election in Enugu state on 4 August 2022, and consequently approached the court to challenge the exercise before justice N. E. Maha of the Abuja division of the federal high court with an originating summons.
“Locus standi denotes the legal capacity to institute proceedings in court. It is a threshold issue that goes to the root of the suit. On no account should the merits of the case be considered before locus standi is decided. Locus standi affects the jurisdiction of the court. Consequently if the plaintiff does not have locus standi to institute the suit the court would have no jurisdiction to entertain the suit.
This court has interpreted the above section in the recent decision of sylva & 2 Ors v. PDP 13 NWLR p. 85. I said that: In his affidavit filed in support of his amended originating summons the appellant deposed in paragraphs 26 and 30 as follows: An admission, clearly and unequivocally made is the best evidence against the person making it. Paragraphs 26 and 30 are conclusive evidence that the appellant did not participate in the re-run primaries conducted by PDP on 15th January, 2011. They are clear admissions by the appellant.
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