The term “cause of action” was described in Letang v. Cooper (1960) ALL ER 929
as:
‘The reason or facts that entitled a person to sue or bring his action to the court, or a
factual situation that entitles one person to obtain trom the court a remedy against
another person.’
In determining whether a cause of action has been disclosed, the court is guided and
directed to restrict its self to facts as presented by the plaintiffs and nothing else.
The facts contained in the Applicants’
different occasions viel
initiating application is that they were on
arrested and detained and in some cases tortured by
the officers of the Gambian National Intelligence Agency (NIA) for articles they
published against the Gambian President. They further alleged that the Gambian
government has relied upon its Criminal and Sedition Laws to detain, arrest and
convict Journalist over the past years. The fear of further prosecution, has made them
remain in exile till date.
In SERAP V. Fed Rep of NIGERIA & 4Ors 2014 Unreported, the Court held the
view that the Plaintiffs by alleging facts from which can be inferred, at least prima
facie, a remote possibility that the Defendant may have violated their human rights,
have established in their pleadings an arguable cause of action.
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