In the case SERAP V Federal Republic of Nigeria & Anor 2010 CCJELR p 195-197, the Court noted that the doctrine of ‘actio popularis’ was developed under the Roman law in order to allow any citizen to challenge a breach of a public right in court as a way of ensuring that the restrictive approach to the issue of standing would not prevent public spirited individuals from challenging a breach of a public right in Court. The Court was persuaded by the authorities relied upon by the Plaintiff in Fertilizer Corporation Kamager Union V Union of India (1981) A.IR (sc) 344; and Abraham Adesanya V President Federal Republic of Niger (1981) 1 ALL N.L.R 1 @ 20 and held that; “Public international law in general, which is by and large in favor of promoting human rights and limiting the impediment against such a promotion, lends credence to the view that in public interest litigation, the plaintiff need not show that he has suffered any personal injury or has a special interest that needs to be protected to have standing. The plaintiff must establish that there is a public right which is worthy of protection which has been allegedly breached and that the matter in question is justiciable.” Having found that the 1st Applicant is a duly registered non-governmental organization, it is a juristic person with a right to sue and be sued. A fortiori, the 1st Applicant on the strength of the above decisions has standing to bring the present action for and on behalf of its members. Indeed some violations can as in this case be considered as done against the corporation of journalists, and not against one person, thus “the victim” is the whole 17

اختر الفقرة المستهدفة3