are parties to this allegation. The status of the first Applicant has already
been settled as being an improper party in respect of the allegation of the
violation of this right.
47.Regarding the Current Applicants, being individuals, they are within the
contemplation of Article 10 of the Charter as proper parties and are therefore
qualified to bring an action for the violation of their guaranteed right to
association. However, there must be established a nexus between the
Current Applicants and the alleged violation to justify a claim of being
victims of the Respondent’s action of suspending the activities of the
Society. In other words the Current Applicants must prove they have the
locus standi to institute the matter. In this regard the Court held thus: “the
strict application of locus standi denotes that a Plaintiff wishing to sue must
have sufficient interest in the subject matter in order to have a standing to
litigate same.” FEDERATION OF AFRICAN JOURNALISTS & 4 ORS V. REPUBLIC
OF THE GAMBIA ECW/CCJ/JUD/04/18 PAGE. 17; See also EBERE ANTHONIA
AMADI & 3 ORS V. THE FEDERAL GOVERNMENT OF NIGERIA JUDGMENT NO
ECW/CCJ/JUD/22/19 PAGE. 13.
48.The Court is replete with decisions to the effect that only victims who have
suffered personal damages due to the violation of their human rights can
access the Court. “To plead a case before this Court one must have suffered
a personal harm....” REGISTERED TRUSTEES OF THE SOCIO-ECONOMIC
RIGHTS & ACCOUNTABILITY PROJECT (SERAP) V THE FEDERAL REPUBLIC OF
NIGERIA AND 1 OR ECW/CCJ/JUD/19/16 PAGE 23. This obviously exempts
cases of indirect victims.
49. Furthermore, “In order to substantiate an action concerning the violation
of human rights, it is necessary that the applicant be a victim and that the
17