WHEN A LARGE COMMUNITY IS AT STAKE, ACCESS TO JUSTICE IS FACILITATED

A VICTIM IS A PERSON WHO SUFFERS HARM DIRECTLY OR INDIRECTLY – (ECOWAS Court)

It follows from the above that a victim can be a person who suffers directly or indirectly any harm or pain (physical or mental injury), emotional suffering (through loss of a close family member or relation), economic loss (loss of Properties) or any impairment that can be categorized as human rights violation. Additionally, other than the loss, harm or damage, an Applicant must prove an interest in the matter which must be direct and personal. This Court has through several decisions made exception for individuals and organizations who have not suffered directly or personally to institute actions in a representative capacity on behalf of victims.

— The Registered Trustees of Jama’a FOUNDATION v FRN ECW/CCJ/JUD/04/20 para. 67

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

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

ACTIO POPULARIS – PUBLIC RIGHT WORTHY TO BE PROTECTED – (ECOWAS Court)

In SERAP V. FRN (2010) CCJELR, PG. 196, PARA 32, & 34 the Court stated that: “The doctrine of actio popularis was developed under Roman law in order to allow any citizen to challenge a breach of a public right in Court. This doctrine developed as a way of ensuring that the restrictive approach to the issue of standing would not prevent public spirited individuals from challenging a breach of a public right in Court. In public interest litigation, the Plaintiff need not show that he has suffered any personal injury or has a special interest that needs to be protected to have standing. Plaintiff must establish that there is a public right which is worthy of protection which has been allegedly breached and that the matter in question is justiciable.”