What are the criteria for Locus Standi?

The criteria for locus standi depends largely on the person who seeks to exercise his right of action in court i.e whether it is an adult, infant or a person of unsound mind, inter alia. However, in AJAYI V. ADEBIYI & ORS (2012) JELR 34803 (SC), the Supreme Court had emphasized thus:

The guiding principles to determine whether a person has locus standi or not are: a. He must be able to show that his civil rights and obligations have been or are in danger of being infringed. b. The fact that a person may not succeed in the action is immaterial. c. Whether the civil rights and obligations having been infringed depends on the particulars of the case. d. The court should not give any unduly restrictive interpretation to the expression locus standi. The tests for the determination of the locus standi of a person are:- a. The action must be justiciable. b. There must be a dispute between the parties.

See also INAKOJU & ORS v. LADOJA & ORS (2006) JELR 48066 (SC)

Usually a person who is not considered a minor in law has locus to commence an action. However, locus is affected by a wide range of factors including but not limited to the (a) type of action; for instance a dispute involving family land can normally be commenced by the head of family; or if it is a constitutional law dispute in terms of challenging the constitutionality of a law the person should be a Ghanaian who is not a minor; (b) whether a person has disability in law eg. A person who is non compos mentis would not have locus; (c) whether the action is civil or criminal eg. criminal action can be commenced by the Attorney General (A.G) or any person taking the power from the A.G. (d) whether the action involves the state and a host of non exhaustive factors.