51. To qualify as a victim, the Applicant must be able to establish that he or she has
suffered a personal loss and has an interest that is direct and ascertainable. In other
words “To claim to be a victim, there must exist a sufficient direct link between an
applicant and the prejudice he deems to have suffered as a result of the alleged
violation.” see AZIAGBEDE KOKOU & 68 ORS V. REPUBLIC OF TOGO
ECW/CCJ/JUD/07/13 Page 175 @24.
52. The Court further reiterated this fact when it held that,
“Generally, and from a legal standpoint, the necessity for an
Applicant to provide justification of interest in a case is attested to be
the adage that where there is no interest, there is no action, and also
an interest is the measuring rod for an action. In other words, an
application is admissible only when the applicant justifies that he
brings a case before a Judge for the purposes of protecting an interest
or defending an infringement of such. Such an interest must be
direct, personal and certain.” (Emphasis added).
See ODAFE OSERADA V. ECOWAS COUNCIL OF MINISTERS, ECOWAS PARLIAMENT
& ECOWAS COMMISSION, ECW/CCJ/JUD/01/08 @ 27.
53. As stated ibid, the Applicant did not counter the allegation of discrepancy in
name and the onus rests on him to substantiate his interest in the said building.
It is trite that he who alleges must prove.
“It is a general rule in law that in the course of a trial, the
party making the allegations must prove it. The constitution and
demonstration of the evidence therefore falls on the concerned
parties. They must use all the legal means and provide evidence
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