application discloses no cause of action, the claim must be
struck out and the action dismissed.
ii.
It is true that the African Charter on Human and Peoples’
Rights and the Defendant’s Constitution confer certain human
rights on Citizens. He cited the case of ABACHA Vs.
FAWEHINMI (2002)6 NWLR (PT 660) 228 at 289 which he
described as the locus classicus on the applicability of treaties,
particularly the African Charter on Human and Peoples’
Rights to Nigeria.
iii.
The Defendant recognized that by virtue of Article 4 of the
African Charter on Human and Peoples’ Rights, human beings
are inviolable and are entitled to respect to life and integrity of
their person and no one may be arbitrarily deprived of his right
to life.
iv.
The Defendant also contested the locus standi of the 1 st
Plaintiff to institute the action against the Defendant on behalf
of the deceased. Citing the case of ODAFE OSERADA Vs.
ECOWAS COUNCIL OF MINISTERS & 2ORS SUIT NO:
ECW/CCJ/APP/05/07 where this Court decided that ‘since the
Applicant has not personally or by his organization suffered
any harm, he does not have the locus standi / cause of action
to bring the application. The Application was thus held
inadmissible. The Defendants also argued that the right to sue
can only be conferred by statute or by the Constitution or
Customary Law or Contract and concluded that the Applicant
lacks locus standi to institute the action as no right was
conferred on it to do so. Thus, the 1st Applicant has not shown
that its own interest is at stake, but purports to enforce the
rights of persons who have not instructed it to represent them.
That this Court in SERAP VS. FEDERAL REPUBLIC OF
NIGERIA, SUIT NO ECW/CJ/APP/09/11 have held that:
a. In Cases concerning the violation of human rights, only
the Victims may have access to the Court,
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