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

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Dictum

An individual can bring an action on behalf of another only when Applicant is a close relation of a victim of violation of human rights. Following from the above, the Court holds that another teleological interpretation is that individuals who are not direct victims can ground an action before the Court if they are relation of the direct victim of violation of human rights. — The Registered Trustees of Jama’a FOUNDATION v FRN ECW/CCJ/JUD/04/20 para. 66

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DEFINITION OF LOCUS STANDI

In B.B. Apugo & Sons Ltd V. OHMB (2016) LPELR-40598(SC) per Kekere-Ekun, JSC 23, B-E, defined locus standi thus: “Locus standi is the legal right of a party to an action to be heard in litigation before a Court or tribunal. The term connotes the legal capacity of instituting or commencing an action in a...

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QUESTIONS TO CONSIDER IN RESPECT OF LOCUS STANDI

The pertinent questions to consider here are: has the Appellant who was the Plaintiff been able to show sufficient nexus between itself and the purported actions of the Respondents? Has the Appellant been able to demonstrate that its civil rights and obligations have been or are in danger of being infringed? Has the Appellant been...

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CRITERIA TO HAVE LOCUS STANDI

It is the law that to have locus standi to sue, the plaintiff must show sufficient interest in the suit or matter. One criterion of sufficient interest is whether the party could have been joined as a party in the suit. Another criterion is whether the party seeking the redress or remedy will suffer some...

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WHAT IS LOCUS STANDI?

Locus standi , which is a Latin word simply means a place of standing. It is the legal right of a party to an action to be heard in Litigation before the Court or Tribunal. The term denotes, the right of a party to institute an action in a Court of Law or seek judicial...

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TO CHALLENGE A LAW, AN INDIVIDUAL MUST SHOW THAT HE IS DIRECTLY AFFECTED

Para. 16: In Aumeeruddy-Cziffra and Others v. Mauritius (Communication No. R.9/35) 9 April 1981, the United Nations Human Rights Committee pointed out that to bring an Application before it, an individual must be actually affected ‘by the act complained of and that no individual can in the abstract, by way of actio popularis, challenge a law or practice claimed to be contrary to the Covenant’.

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