Judiciary-Poetry-Logo
JPoetry

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

Dictum

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

Was this dictum helpful?

SHARE ON

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...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

RESTRICTIVE RULES ON STANDING ARE INIMICAL TO A HEALTHY JUDICIAL SYSTEM (India)

The Supreme Court of India in Fertilizer Corporation Kamager Union v Union of India (1981) AIR (SC) 344, succinctly captured the modern Jurisprudence on locus standi as follows: “Restrictive rules about standing are in general inimical to a healthy system of growth of administrative law, if a Plaintiff with a good cause is turned away merely because he is not sufficiently affected personally, that could mean that some government agency is left free to violate the law. Such a situation would be extremely unhealthy and contrary to the public interest. Litigants are unlikely to spend their time and money unless they have some real interest at stake and in some cases where they wish to sue merely out of public spirit, to discourage them and thwart their good intentions would be most frustrating and completely demoralizing”. [This case was relied on in Abdullahi & Ors. v Government of Federal Republic of Nigeria & Ors. (ECW/CCJ/JUD/18/16) [2016] ECOWASCJ 55]

Was this dictum helpful?

WHAT IS LOCUS STANDI

In law therefore, locus standi denotes the right standing of a person to sue over a wrong allegedly done to him. It is the totality of the right conferred on a person who approaches a Court to seek remedy to have the right standing to seek particular remedy. It is for this reason that in...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

COURT HAS NO JURISDICTION WHERE LOCUS STANDI IS LACKING

Locus standi connotes the legal capacity to institute an action in a Court of law. It is a threshold issue that affects the jurisdiction of the Court to look into the complaint. Where the claimant lacks the legal capacity to institute the action, the Court, in turn will lack the capacity to adjudicate. In order...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

IF PLAINTIFF RIGHT IS AFFECTED THERE IS LOCUS STANDI

ALEX OLADELE ELUFIOYE & ORS VS IBRAHIM HALILU & ORS (1993) – SC. 310/1989: “Once the civil rights and obligations of the plaintiffs as individuals are affected, as I hold they are here the courts in exercise of their judicial power set out above can look into such rights and obligations, and for that purpose...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

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

“56. There is a large consensus in International Law that when the issue at stake is the violation of rights of entire communities, as in the case of the damage to the environment, the access to justice should be facilitated. 57. Article 2 (5) of Convention of “Access to Information, Public Participation in Decision- Making and Access to Justice in Environmental Matter “defines the “public concerned” with environment protection as “public affected or likely to be affected by, or having an interest in the environment decision-making for the purposes of this definition nongovernmental organization promoting environment and meeting requirements under national law shall be deemed to have an interest”. Article 9 of the same instrument confirms the access to justice to the public concerned as defined in Article 2 (5).”

— SERAP v FRN – ECW/CCJ/APP/08/09

Was this dictum helpful?

No more related dictum to show.