Gazali Haruna
By: Okoi Obono-Obla
Some people in Cross River State, seeing the passion and intensity with which I canvass the plight of Mrs. Theresa Akwaji Ushie—the embittered Chairman of Bekwarra Local Government Area who was illegally, unconstitutionally, and purportedly removed by the Cross River State House of Assembly—have been tauntingly asking why I have not gone to court to challenge it.
How can I go to court? Mrs. Theresa Akwaji Ushie, the dramatis persona, is alive, active, and the one who has been hardest hit. She is the one who suffered the injury, and therefore she alone is imbued with the locus standi to challenge the egregious injustice meted out to her. I have advised, through my advocacy, that she challenge the illegality, but she does not wish to be like Rosa Parks—the African American woman who rose like the phoenix in 1955 to confront centuries‑old institutional discrimination and segregation. Rosa Parks refused to surrender her seat on a public bus to a white man who arrived later and found no seat. Her simple but courageous refusal became the spark, the tonic, and the moral gunpowder that ignited the struggle against white supremacy in the United States. Throughout history, people have fought against injustice and inspired social change.
Even though I am a Public Interest Lawyer and an activist, the case of Mrs. Ushie is not one I can personally challenge in court because of the brick wall presented by the doctrine of locus standi. This doctrine determines who has the right to approach the court when an injury has been suffered. Without locus standi, the court will shut its doors against you. It will decline jurisdiction to hear your case, no matter how meritorious it may be.
To establish locus standi, a plaintiff must show that the act or omission of the defendant inflicted a peculiar, personal injury—one not shared with the general public. The plaintiff’s interest must be sufficient, real, peculiar, and tangible. Otherwise, the court will consider such a person a crank, a busybody, or a meddlesome interloper dabbling into matters that do not concern him.
Therefore, that is why I cannot go to court. Only Theresa Ushie, the Councillors of Bekwarra, and the entire people of Bekwarra Local Government Area—acting collectively—can approach the court for redress.
In conclusion, justice is never served by silence. The law provides the pathway, but only those directly injured can walk it. My voice can advocate, enlighten, and encourage, but the legal standing to challenge this injustice rests squarely with those who have suffered it.
@ Okoi Obono-Obla
