34.It follows from the above that since the direct victim is the one personally
affected, the requirement for mandate to act is obviously of no essence in an
application under this circumstance.
35. While the direct victim is the party that is inherently qualified to bring
action for the violation of his/her human rights, the door is however not shut
against victims who are not able for recognised reasons to act for themselves
as a representative action is admissible.
36.This waiver is premised on the fact that the Court recognises that Human
rights are human centered, and the admissibility of an application is linked
among other criteria to the status of the victim. This condition necessarily
entails the applicant, acting on personal grounds as a result of a legally
protected injured interest, or in a representative capacity. NOSA EHANIRE
OSAGHAE & 3 ORS V. REPUBLIC OF NIGERIA ECW/CCJ/JUD/03/17 PAGE 18.
37. While it is established that an action can be maintained in a representative
capacity by a party that is not a direct victim, an authorization or mandate to
act is mandatory. In this wise the Court has held that in a representative
action on behalf of a group that “The proof of authorization in the case of
natural persons acting on behalf of a group cannot be dispensed with......for
the Plaintiffs to access the court for and on behalf of the people of Niger
Delta, they need the mandate upon which they act and when questioned must
establish consent of the people or a justification for acting without such
consent.” NOSA EHANIRE & 3 ORS V. FEDERAL REPUBLIC OF NIGERIA,
(2017) CCJELR.
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