Registered Trustees of The Socio-economic Rights and Accountability Project (serap) vs Nigeria and Another (ECW/CCJ/APP/09/11; ECW/CCJ/RUL/03/14) [2014] ECOWASCJ 1 (13 February 2014)

Registered Trustees of The Socio-economic Rights and Accountability Project (serap) vs Nigeria and Another (ECW/CCJ/APP/09/11; ECW/CCJ/RUL/03/14) [2014] ECOWASCJ 1 (13 February 2014)

The plaintiff NGO lacks locus standi to bring the action on behalf of the alleged victims without being a victim itself or having prior authorization from the victims or their relatives; therefore, the case is dismissed.

Citation
[2014] ECOWASCJ 1
Parties
Plaintiff/respondent: The Registered Trustees of the Socio-Economic Rights & Accountability Project (SERAP); Defendant/applicant: Federal Republic of Nigeria; Defendant/applicant: Attorney General of the Federation & Minister of Justice
Court
ECOWAS Community Court of Justice
Jurisdiction
Ghana
Judgment Date
13 February 2014
Case Number
ECW/CCJ/APP/09/11 ; ECW/CCJ/RUL/03/14
Procedural Posture
Preliminary Objection in Human Rights Application / Ruling on Preliminary Objection
Outcome
Preliminary objection upheld; case dismissed for lack of locus standi.
Legal Topics
Locus Standi, Jurisdiction, NGO Standing, Victims' Rights
Source Language
English
Human Rights Law International Law Locus Standi Jurisdiction NGO Standing Victims' Rights

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Parties

The Registered Trustees of the Socio-Economic Rights & Accountability Project (SERAP)

Plaintiff/respondent

Federal Republic of Nigeria

Defendant/applicant

Attorney General of the Federation & Minister of Justice

Defendant/applicant

Procedural Posture

Preliminary Objection in Human Rights Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff NGO has locus standi to bring the action on behalf of alleged victims without authorization
  2. 2 Whether the court has jurisdiction to hear the case in the circumstances

Ratio Decidendi

The plaintiff NGO lacks locus standi to bring the action on behalf of the alleged victims without being a victim itself or having prior authorization from the victims or their relatives; therefore, the case is dismissed.

Court Disposition

Preliminary objection upheld; case dismissed for lack of locus standi.

Orders

  • Plaintiff's case is dismissed for lack of locus standi.
  • Plaintiff to bear the cost of proceedings in line with Article 66(5) of the Rules of the Court.