bodies can ground an action are rights that are fundamental rights not
dependent on human rights and they include right to fair hearing, right to
property and right to freedom of expression.” DEXTER OIL LIMITED V
REPUBLIC OF LIBERIA (ECW/CCJ/JUD/03/19), PAGE 21.
25.The implication of the above is a further elucidation of the humanness of a
party that can bring an action for the violation of human rights violations.
Thus only individuals have absolute access to the Court for human rights
violation and legal persons in exceptional cases.
26.Based on the above, the Court will now procced to determine whether the
first Applicant has the capacity to bring this application. Whether the first
Applicant falls appropriately under these exceptions or not will be
determined by a careful consideration of their claim as well as the reliefs
sought. The description of the parties as contained in the Application states
as follows “The first Applicant, the Registered Trustees of Faculty of Peace
Organisation is a Non-Governmental Organisation registered in Nigeria”.
27.Additionally, one of the reliefs sought by all the Applicants inclusive of the
first Applicant is for “A declaration that the Respondent’s action of banning
the peaceful assembly and the disruption of the procession organized by the
Applicants infringes on their rights to assemble and associate as guaranteed
in Articles 10 and 11 of the African Charter; Article 21 of the ICCPR; Section
40 of the Constitution of Nigeria, Articles 3, 10, 11 and 17(1) of the Universal
Declaration of Human Rights (UDHR) and Rule 94(b) of the Guidelines on
Freedom of Assembly and Association”
28.Flowing from above, it is undisputable that the first Applicant is a legal
person who is suing for the violation of their right to association and
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