SERAP v. Nigeria, Ruling, Suit No: ECW/CCJ/APP/08/09 and RUL. No: ECW/CCJ/APP/07/10 (ECOWAS, Dec. 10, 2010) 1/25/21, 1:48 PM of persons, or any non governmental entity legally recognized in one or more member states of the organization, may lodge petitions with the commission containing denunciations or complaints of violation of this Convention by a state party". This more liberal locus standi has been welcomed and recommended for the African Continent (Magnus Killander, the African Regional Human Rights system and Other regional Systems: A Comparative Analysis, in judiciary Watch Report, Publication from the Kenyan section of the International Commission of Jurist, pg 182) 60. Article 33 of the Rules of Procedure of African Court of Justice and Human Rights also opens the door of that Regional Court to non-governmental organizations which has observer status before the (African Commission) provided the requirements of Article 34 (3) of the Protocol are met. That is a solution that comes directly out of the African Commission on Human and Peoples' rights experience. In its decision I Social and Economic Rights Action Centre (SERAC) and Another vs. Nigeria (2001) AHRLR 60 (ACHPR 2001) the African Commission commended the role of NGOs and the usefulness of action popularis, which is wisely allowed under African Charter". 61. Based on those authorities, and taking into account the need to reinforced the access to justice for the protection of human and people rights in the African context, the Court holds that an NGO duly constituted according to national law of any ECOWAS Member State, and enjoying observer status before ECOWAS institutions, can file complaints against HumanRights violation in case that the victim is not just a single individual, but a large group of individuals or even entire communities. 62. Thus, in considering the social purposes of the Plaintiff and the regularity of its constitution it does not need any specific mandate from the people of Niger Delta to bring the present lawsuit to the Court for the alleged violation of human rights that affect people of that region. (c) competence of the Court. 63. The Community Court of Justice, established by Article 15 of ECOWAS Treaty is the main judicial organ of the Community. The Supplementary Protocol (AP/SP.1/01/05) modified the ECOWAS Treaty and conferred on the Court competence to determine cases of Human Rights violation that occur in any Member State of the Community. The Protocol on Democracy and Good Governance imposes on the on the States the obligation to apply the African Charter on Human and Peoples' Rights as well as other International instruments in their respective territories. The Federal Republic of Nigeria signed the ECOWAS Treaty as well as other community instruments like the Protocols on Democracy and Good Governance and on the Competence of the Community Court of Justice. Therefore, there is no doubt with respect to the jurisdiction of the Court of justice to adjudicate any case of alleged violation of the Human Rights that occurs in the Federal Republic of Nigeria and for which it should be held accountable. 64. But the conclusion on the jurisdiction of the Court over the Federal Republic of Nigeria does not respond to the objection raised by the Defendants who contend that not being parties to the Treaty or other ECOWAS legal instruments, the cannot be sued before the Court. 65. That objection calls for the consideration by the Court of one of the most controversial issues in International Law which relates to the accountability of Companies, especially multinational http://www.worldcourts.com/ecowasccj/eng/decisions/2010.12.10_SERAP_v_Nigeria.htm Page 10 of 13