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All Journal Lentera Hukum
Eyongndi, David Tarh-Akong
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Law, Crime, Criminology & Criminal Justice

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Public Interest Litigation in Nigeria and Locus Standi Debacle in Edun V. Governor of Delta State: Lessons From India, United Kingdom and South Africa Eyongndi, David Tarh-Akong; Onu, Kingsley Osinachi Nnana; Okwori, Moses Arome
Lentera Hukum Vol. 11 No. 3 (2024): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v11i2.43781

Abstract

This paper reviews Nigeria’s Court of Appeal decision in Edun v. Governor of Delta State where the court held that the appellant lacks locus standi to challenge the validity of the Pension Rights of the Governor and Deputy Governor of Delta State Law, 2008 because he has neither suffered injury nor shown sufficient interest over and above that of every Deltan. It uses legal functionalism theory through analytical methodology while relying on primary and secondary data in examining the development of locus standi in Nigeria and the impact of its restrictive application on justice delivery. Considering the need to respond to contemporary developments and further the course of justice, it argues for the liberalization of locus standi by Nigerian courts drawing from the practice in India, the United Kingdom, and South Africa. It argues that the liberalization of locus standi will encourage public interest litigation hence, the orthodox requirements of having “sufficient interest” and “suffering/likely to suffer injury” indicia have become otiose to justice and should lead to the discountenancing of the restrictive application. It examines the effect of the judgment on PIL and whether the decision of the Nigerian Supreme Court (NSC) in Centre for Pollution Watch v. NNPC and the Fundamental Rights (Enforcement Procedure) Rules 2009 could be a useful harbinger for liberalization of locus standi. It recommends an appeal of Edun’s Case to the Supreme Court and the upturning of the same as leeway to liberalizing locus standi in favor of public interest litigation.KEYWORDS: Common law, Justice, Locus standi, Litigant, Injury, Nigeria.
Measurement of Quantum of Damages for Wrongful Termination of Employment in Nigeria: Gleaning Lessons from Ghana and Malaysia Abangwu, Nzeribe Ejimnkeonye; Oyibodoro, Ufuoma Garvin; Eyongndi, David Tarh-Akong; Shaba, Sampson; Opara, Faith Nwayemogho
Lentera Hukum Vol. 12 No. 2 (2025): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v12i2.46580

Abstract

In a master-servant employment relationship, when an employee’s employment is wrongfully terminated, the traditional measure of damages upon a successful legal challenge is the amount the employee would have earned during the agreed notice period. However, the National Industrial Court of Nigeria (NICN), empowered by the Constitution (Third Alteration) Act, 2010 to apply international best labour practices and International Labour Organisation (ILO) standards, has departed from this position. This departure was affirmed by the Court of Appeal (CA) in Sahara Energy Resources Ltd. v. Oyebola, where the court held that, in deserving cases, damages exceeding the ordinary notice period can be awarded. This paper utilises an analytical method to examine the impact of this decision on the jurisprudence of damages for wrongful termination in Nigeria. It probes whether the decision permits the NICN to award unpredictable damages that prejudice employers. The paper argues that the decision promotes employment security amidst Nigeria's unprecedentedly high unemployment rate. By examining current legislation and practice in Ghana and Malaysia, this research aims to draw lessons for Nigeria. It concludes that the decision is a welcome development. The paper recommends that the CA, as the final court on labour matters, should sustain this precedent, as it aligns the law with modern realities. Furthermore, the decision should be given statutory backing by amending relevant domestic labour legislation, as is the case in Malaysia and Ghana. Keywords: Dismissal, Ghana, Malaysia, Nigeria, National Industrial Court of Nigeria.
Co-Authors Abangwu, Nzeribe Ejimnkeonye Okwori, Moses Arome Onu, Kingsley Osinachi Nnana Opara, Faith Nwayemogho Oyibodoro, Ufuoma Garvin Shaba, Sampson