ORDINATING GROUP OF DEPARTMENTAL REPRESENTATIVES OF THE COCOACOFFEE SECTOR (CNDD) v. REPUBLIC OF COTE D’IVOIRE, (2004 – 2009) CCJELR,
311, held that:
“Legal persons be it associations or limited liability companies, can
institute actions for human right violations.”
61. It relied on Article 10(d) (the French version) of the 1991 Protocol of the
Court as amended by the Supplementary Protocol 2005 and very heavily on the
decisions of other Regional Courts. It cited cases of other regional courts, where
associations and limited liability companies have successfully maintained
actions for human rights violations in respect of rights guaranteed by
instruments relating to human rights. The Court has also held that an individual
or a corporate body can be a Plaintiff in a Human rights case but must be a victim
of Human Rights abuse. The Court’s emphasis is on being a “Victim” an essential
requirement. In CENTER FOR DEMOCRACY AND DEVELOPMENT (CDD) AND
ANOR V. MAMOUDU TANDJA & ANOR, (2011) CCJELR, 103, the Court held as
follows:
27. In the exercise of its jurisdiction on human rights protection, the Court
shall ensure that all the conditions for bringing the case before it are
fulfilled. In such circumstances, the Court shall entertain cases filled by
“individuals on application for relief for violation of their human rights”,
as stipulated in paragraph (d) of the new Article 10 of the Protocol on the
Community Court of Justice as amended by Protocol A/SP.1/01/05 of 19th
January 2005, which provides that “Access to the Court is open
to……Individuals on application for relief for violation of their human
rights”. Pursuant to this article, cases shall be brought before the Court by
natural or legal persons endowed, within the framework of their national
laws, with the required legal capacity and who, in addition, shall justify
their condition of being a victim”
62. In ALHAJI MUHAMMED IBRAHIM HASSAN V. GOV OF GOMBE STATE,
(2012) CCJELR, 81, the Court held as follows;
46.“Paragraph (d) of new Article 10 of the Protocol on the Community
Court of Justice as amended by Protocol A/SP.1/01/05 of 19 January
2005 provides: “Access to the Court is open to … individuals on
application for relief for violation of their human rights”. By virtue of this
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