violated by Canada. The Committee held that the complaint was inadmissible on the
basis of lack of locus standi of the tribe’s representative- in light of failure of the
Grand council, in its legal entity, to authorize the author.
In Serap V. Federal Republic Of Nigeria, (2012) CCJELR unreported, where the
Plaintiff, an NGO, filed the action on behalf of the People of Niger Delta, against
the Federal Republic of Nigeria, the Defendants challenged the Plaintiffs locus on
the grounds that the application was filed without the prior information, accord and
interest of the people of Niger Delta and that Serap acts in its own name with no
proof that it is acting on behalf of the People of Niger Delta, the Court held that the
NGO known as SERAP has the locus standi to institute this action.
Relating this to the instant case, it is important to distinguish the capacity upon which
the parties act, i.e. as non-natural and natural persons. While in SERAP supra, the
Plaintiff by virtue of its registration under the Laws of Nigeria is recognized to
represent the People of Niger Delta without the need to produce any proof of
authorization. The Plaintiffs in this case are natural persons claiming to appear on
behalf of the People of Niger Delta without authorization. The proof of authorization
in the case of natural persons acting on behalf of a group cannot be dispensed with.
The Niger Delta is so vast that an action brought for and on behalf of the said people
without authorization sounds questionable. The Plaintiffs have failed to attach a
mandate if any, given to them to clear the air in this regard. Above all no proof that
the Niger Delta Region is a “people” within the context of the right of self –
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