litigation in this context. This is to ascertain whether or not the Applicant can
initiate this application in the absence of the direct victims of the alleged
violation, albeit on their behalf.
According to Black's Law Dictionary 9th Edition, the words “public Interest”;
connote “the general welfare of the public that warrants recognition and
protection”. In other words, public interest litigation means a legal action
initiated in a court of law for the enforcement of public interest or general
interest in which the public or class of the community have pecuniary interest
or some interest by which their legal rights or liabilities are affected.
Public interest litigations are aimed at protecting and promoting collective
legitimate human rights and public policy which may be subject to government
or
other
forms
of
violation.
It
is,
therefore,
imperative
to
state
that
the
protection of human rights and the improvement of social and economic rights
of the vulnerable people is a critical part of social contract and one of the
cardinal and historical objectives of public interest litigation.
In the case of REV. FATHER SOLOMON MFA v. FRN, ECW/CCJ/JUD/06/19, this
Court extensively expounded on the principle of actio popularis where it found
that:
“The law recognizes the rights of individuals and corporate bodies who are not
victims to bring an action in a representative capacity under the principle of
actio popularis. The Court under this situation will allow NGOs and public
spirited individuals to institute actions on behalf of groups of victims usually
from a community or class of people based on common public interest to claim
for the violation of their human rights, because this group may not have the
knowledge and the financial capacity to maintain legal action of such
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