63. On the lack of capacity of the 2nd to 6th Applicants to bring this suit for themselves and on behalf of other victims because they have not suffered any loss, the Court has maintained an essential criterion in its flourishing jurisprudence that the Plaintiff in a human right action must attain the status of a victim who has suffered some loss or damage. This assertion has gained credence from Article 10 (d) of the 2005 Supplementary Protocol to the effect that every action relating to human rights protection, must be filed by an individual or a corporate body who fulfils the requirement of being a victim. Article 10 (d) of the Supplementary Protocol 2005 on the Court states that access to the Court is open to: ”Individuals on application for relief for violation of their human rights” 64. To qualify as a victim, the Applicant must be able to establish that it has suffered a personal loss and have an interest that is direct and ascertainable. Further, the case of AZIAGBEDE KOKOU & 68 ORS V. REPUBLIC OF TOGO ECW/CCJ/JUD/07/13 PAGE 175 @24, the Court held that: “To claim to be a victim, there must exist a sufficient direct link between an applicant and the prejudice he deems to have suffered as a result of the alleged violation.” Also in the case of ODAFE OSERADA V. ECOWAS COUNCIL OF MINISTERS, ECOWAS PARLIAMENT & ECOWAS COMMISSION, ECW/CCJ/JUD/01/08 @ 27, the Court held that: “Generally, and from a legal standpoint, the necessity for an Applicant to provide justification of interest in a case is attested to by the adage that where there is no interest, there is no action, and also an interest is the measuring rod for an action. In other words, an application is admissible only when the applicant justifies that he brings a case before a Judge for the purposes of protecting an interest or defending an infringement of such. Such an interest must be direct, personal and certain.” 65. 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.” 17

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