The facts as presented by the Plaintiffs is that they are victims of marginalization,
injustice perpetrated by crude oil exploration/mining, crude oil spills, gas flaring,
environmental degradation, apparent destruction of communal fishing water and
land, and unlawful take-over of communal and land resources. They relied on
Articles 1, 19, 20, 21, 22, 23 and 24 of the African Charter in which they claim that
their economic, social and cultural rights, and the right to self-determination have
been violated by the Defendants.
On the Plaintiffs standing to institute this action a careful perusal of the facts shows
that the Plaintiffs claims are in two parts. On one part the Plaintiffs allege personal
injuries/violations of their rights by the Defendant while on the other part they allege
violation of the rights of the peoples of Niger Delta. The Plaintiffs action are first
for themselves and secondly on behalf of the people of Niger Delta. To properly
address the issue of Plaintiffs standing these two prongs will be addressed separately.
The term locus standi connotes the interest a party has in the subject matter of
litigation before a Court .Generally to be granted audience by a Court, a party must
prove sufficient interest in the subject matter. There is however the exception here
in cases of action popularis where by duly constituted NGOS and public spirited
individuals are given access without the requirement of personal interest.
As regards the allegation of personal injuries caused the Plaintiffs due to crude oil
spills, gas flaring, environmental degradation and pollution of communal fishing
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