Facts:

The appellant, an association of airline operators in Nigeria sued the appellants
at the Federal High Court, Lagos Division alleging that the Federal Government
of Nigeria violated its right by signing a memorandum of mutual understanding
(MMU) with Virgin Atlantic Airways granting it the right to set up the 5th respondent
to fly the National flag and commence flights operations within and outside Nigeria.
The appellants further alleged that the MMU was a violation of several international
treaties entered into by the Federal Government of Nigeria in order to open the
airspace for airline operators in Nigeria which other foreign airlines have benefitted from by granting them access to Nigeria’s market but which has not been
reciprocated by the Federal Government of Nigeria thus denying its members
access to operating international flights to the United States of America, United
Kingdom, Johannesburg in South Africa and other destinations. After being served
with the originating process, the appellants filed their defence and preliminary
objections to the suit of the appellant. The preliminary objection was predicated
on the ground that the appellant lacked locus to institute the suit. After hearing
the parties on the preliminary objection, the learned trial judge allowed the
application and struck out the suit of the appellant on the ground that the appellant
was not a party to the MMU entered into by the Federal Government of Nigeria
and the 5th respondent and as such cannot sue or be sued on the contract and
that the appellant did not disclose sufficient interest in the subject matter of
litigation.
The appellant was aggrieved and filed a notice of appeal at the Court of Appeal,
Lagos Division challenging the ruling of the trial judge. One of the issues distilled
for determination is whether the appellant being an association registered under
the laws of Nigeria and the umbrella organization of the indigenous airlines
operators in Nigeria, has the locus standi to institute the action at the lower court
on behalf of its members.