expression including other rights that are not dependent on human rights
(i.e. derivative) and can initiate an action to protect those rights if they
are violated.” AMNESTY INTERNATIONAL TOGO & 7 ORS V. THE TOGOLESE
REPUBLIC ECW/CCJ/JUD/09/20 PAGE. 10.
64. The Court therefore holds that the Applicants are devoid of capacity as a
legal persons to bring an action for the violation of their right to assembly
and free movement and the Application in that wise is hereby declared
inadmissible. The allegation as it relates to violation of freedom of
expression of the Applicants will be analysed at the merit stage.
b) Capacity to maintain an action on behalf of the Senegalese people
65. As it relates to the Applicants’ representative action on behalf of the
Senegalese for the violation of their rights to assembly, free movement
and freedom of expression, the Court has recognised the capacity of
NGOs to bring an action on behalf of a group or community in the interest
of the public, challenging the law or action acknowledging 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. This
doctrine developed 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. In public interest litigation
the Plaintiff need not show that he has suffered any personal injury or has
a personal interest that needs to be protected to have standing. Plaintiff
must establish that there is a public right which is worthy of protection
which has allegedly been breached and that the matter in question is
justiciable.” See SERAP V. FEDERAL REPUBLIC OF NIGERIA (2010) CCJELR,
PAGE 196, PARAGRAPH 32 & 34. See also THE REGISTERED TRUSTEES OF
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