magnitude which affects the general public interest. Public interest issues are
generally for the welfare and wellbeing of every individual in a society”.
Similarly, in SERAP V. FRN (2010) CCJELR, pg. 196, para 32 & 34, the Court held
that: “The doctrine of actio popularis was developed under Roman law in order
to allow any citizen to challenge a breach of a public right in Court. This
doctrine developed as a way of ensuring that the restrictive approach to the
issue of standing would not prevent public spirited individuals from
challenging a breach of a public right in Court”.
In public interest litigation, the Applicant needs not show that he has suffered
any personal injury or has a special interest that needs to be protected to have
locus standing. The Applicant must establish that there is a public right worthy
of protection which has been allegedly breached and that the matterin question
is justiciable and the action is not instituted for the personal gains of the
Applicant.
It is therefore submitted that in Public International Law, just as in the instant
case, the requirement of identification of victims cannot be said to be fatal to
the case in the strict sense of it, particularly as the alleged act is one that has
aroused public concern. Furthermore, looking at the futuristic aspect, the
alleged violation if not curbed will likely become detrimental to other victims
who become pregnant while in school. Additionally, considering that the reliefs
sought are declaratory in nature which would in the long run protect similar
violations, the requirement of identity should not serve as a disadvantage since
there are no monetary awards that will necessitate the strict identification of
the victims.
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