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