21.The enabling Article on access to Court that is Article 10(d) of The
Supplementary Protocol 2005 provides thus: “Access to the Court is open
to… (d) Individuals (Emphasis provided) on application for relief for
violation of their human rights......” The opening phrase- individuals is a
determining factor in identifying the capacity of a party to access the Court
for the violation of human rights.
22.The term individual in its natural definition connotes a human person/being.
Though this term has been held to also accommodate a legal person, the Court
has declared with regards to human rights violations that human rights are
human centered. NOSA EHANIRE OSAGHAE & 3 ORS V. REPUBLIC OF NIGERIA
ECW/CCJ/JUD/03/17 PAGE 18.
23.The import of the above is that as a general rule, a legal person cannot be
accommodated within the term individual to bring an action for the violation
of human rights under the Charter.
24.The Court clearly put to rest the possibility of a legal person bringing an
action for the violation of human rights when it held thus:
“Human rights imply the rights that belong to all human beings
irrespective of their nationality, race, caste, creed and gender amongst
others; like the right to life, right to health and the right against torture,
inhuman and degrading treatment which are specific to a human being. On
the other hand right of a corporate body, are rights that are fundamental
and necessary for the existence of a corporate body which a legal entity can
enjoy and be deprived of; for example right to freedom of speech as a
corporation is entitled to speak about its product; right to property as the
corporation generates profit in shares and, or cash and is entitled to the
quiet enjoyment of same. The established exceptions under which corporate
9