AN INDIVIDUAL CAN BRING AN ACTION ON BEHALF OF A CLOSE RELATIVE – (ECOWAS Court)

WHO IS A VICTIM IN INTERNATIONAL LAW? – (ECOWAS Court)

In essence; “A victim is anyone who suffers individual or collective harm (or pain) such as physical or mental injury, emotional suffering, economic loss, or generally any impairment of human rights as a result of acts or omissions that constitute gross violations of human rights, or serious violations of humanitarian law norms.” See The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Survivors of Violations of International Human Rights and Humanitarian Law, GA RES 60/147, PMBL, SEC IX, UN DOC A/RES/60/147 (MARCH 21, 2006).

— The Registered Trustees of Jama’a FOUNDATION v FRN ECW/CCJ/JUD/04/20 para. 65

INTEREST IS THE MEASURING ROD FOR AN ACTION

Para. 27 – 28: “Generally, and from a legal standpoint, the necessity for an applicant to provide justification of interest in a case is attested to by the adage that “Where there is no interest, there is no action”, and also “An interest is the measuring rod for an action”. In other words, an application is admissible only when the applicant justifies that he brings a case before a judge for the purposes of protecting an interest or defending an infringement of such. Such an interest must be direct, personal and certain.”

— Oserada v ECOWAS Council of Ministers & Ors. (2008) – ECW/CCJ/JUD/01/08

CLOSE RELATION MAY SUE, WHERE DIRECT VICTIM IS UNABLE TO SUE – (ECOWAS Court)

In STELLA IFEOMA & 20 ORS V. FEDERAL REPUBLIC OF NIGERIA (2015) thus: “when it becomes impossible for him whose right is violated to insist on that right or to seek redress, either because he is deceased or prevented in one way or the other from doing so, it is perfectly normal that the right to bring his case before the law Courts should fall on other persons close to him…” This was further emphasized when the Court held that: “if for any reason, the direct victim of the violation cannot exercise his/her rights, in particular, for being irreversibly incapacitated or having died as a result of the violation, the closest family members can do so, while assuming the status of indirect victims.”