assembly. These rights are obviously not within the contemplation of the
established exceptions of right to fair hearing, right to property and right to
freedom of expression as stated in paragraph 29 (supra). The Court therefore
finds that an action for the violation of the right to association and assembly
not being within the contemplation of the established exceptions cannot be
maintained by a legal person.
29.The Court however notes the evolution of this principle which now
recognises the right of legal entities to bring action for the violation of ANY
(emphasis provided) human rights when brought in a representative
capacity on behalf of individual victim(s). This principle has been espoused
by the Court in a plethora of decisions amongst which are cases referenced
below when the Court held “.......However, even those jurisdictions which
started embracing a strict literal interpretation of the concept of victim, for
the purpose of human rights protection, have evolved into a more flexible
approach in order to allow other persons, not directly affected by the
alleged violation, to have access to the Court and seek justice, on behalf of
the actual victim and to hold accountable the perpetrator .” THE
REGISTERED
TRUSTEES
OF
THE
SOCIO-ECONOMIC
RIGHTS
&
ACCOUNTABILITY PROJECT (SERAP) & 10 ORS V. THE FEDERAL REPUBLIC OF
NIGERIA & 4 ORS ECW/CCJ/JUD/16/14 (SUPRA).
30.In further explanation the Court stated in another case that “...It is
noteworthy that public interest litigations refer to cases in which Courts
allow volunteers like Lawyers, Citizen Petitioners, NGO’s to bring actions
on behalf of some victimized groups who ordinarily are without sufficient
means of access to legal services or justice”. See THE INCORPORATED
TRUSTEES OF FISCAL AND CIVIC RIGHT ENLIGHTENMENT FOUNDATION V.
FRN (2016) ECW/CCJ/JUD18/16 & 2 ORS.
11