(usually referred to as public interest litigations) and the non-victims
receiving authority to act on behalf of the victims or their close relations...”
THE
INCORPORATED
TRUSTEES
OF
FISCAL
AND
CIVIC
RIGHT
ENLIGHTENMENT FOUNDATION V. FRN (2016) ECW/CCJ/JUD18/16 & 2 ORS.
87.The Court equally cited the above referred decision in making a finding in a
preliminary objection raised for lack of mandate in below referenced case,
and held that the first Applicant being an NGO and acting in public interest,
needs no authorization and possess the locus standi to approach this Court
in a representative capacity. REV FR SOLOMON MFA & ORS VS NIGERIA
JUDGMENT NO: ECW/CCJ/JUD/06/19 PARAGRAPH 60.
88.It must be emphasized that the fundamentals of a waiver of mandate to act
in a representative action by an NGO is the premised on the fact that same
is instituted for public interest. In other words the overriding interest of the
NGO must be the welfare of the general public which it seeks to protect. A
quest for personal gain by the representing party therefore negates any such
action.
89.Accordingly, whilst NGOs can sue in a representative capacity for the
violation of human rights of others it cannot maintain an action as a victim
of Human Rights violation. The Court has reiterated that “…there is a clear
distinction between these two classes of cases, one in which the corporate
body sues as the victim and the other in which it sues on behalf of the victim,
the victim here being identified as a human being. In the former situation
the corporate body has no locus or capacity to sue, but in the latter situation,
it has.” THE INCORPORATED TRUSTEES OF THE MIYETTI ALLAH KAUTAL
27