Of course, the appeal was filed by an environmental NGO, but it deals with the threshold issue of locus standi, which is critical in every court action. The decision seems to support the position that an NGO can bring an action against a government agency for failing in its statutory duty. It can be imported and used in any animal welfare litigation when a defendant brings an application for dismissal or striking out on the grounds of locus standi.
There are serious plans to kickstart litigation for animal welfare in Nigeria, pending the repeal (preferred) or amendment of obsolete and outdated legislation affecting animals. I am already canvassing for that with some legislators.
Any new legislation should contain express provisions for the jurisdiction of courts and the right to sue when government agencies fail to protect animals. This will ensure that threshold issues are expressly addressed in statutes and do not constitute a delay in court actions.
Thanks for your interest!
Yes
Of course, the appeal was filed by an environmental NGO, but it deals with the threshold issue of locus standi, which is critical in every court action. The decision seems to support the position that an NGO can bring an action against a government agency for failing in its statutory duty. It can be imported and used in any animal welfare litigation when a defendant brings an application for dismissal or striking out on the grounds of locus standi.
There are serious plans to kickstart litigation for animal welfare in Nigeria, pending the repeal (preferred) or amendment of obsolete and outdated legislation affecting animals. I am already canvassing for that with some legislators.
Any new legislation should contain express provisions for the jurisdiction of courts and the right to sue when government agencies fail to protect animals. This will ensure that threshold issues are expressly addressed in statutes and do not constitute a delay in court actions.