individuals from challenging a breach of a public right in Court. See the case
of SERAP V. FRN (2010) CCJELR, PG. 196, PARAGRAPH 32, & 34.
41. The Court under this situation will allow NGOs, volunteers like Lawyers,
Citizen Petitioners to institute actions on behalf of group of victims usually
from a community or class of people based on common public interest to
claim for the violation of their human rights. This is premised on the ground
that this group may not have the knowledge and the financial capacity to
maintain legal action of such magnitude which affects the general public
interest.
42.While NGOs and other public spirited persons can legitimately act on behalf
of direct victims, the requirement for mandate to act has also been waived
in their favour. While speaking to the requirement of mandate in public
interest litigation, the Court held as follows; “......However, exceptions to
this rule exist. These include but not limited to cases of collective interest
(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.
43.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.
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