49.
From the foregoing, it can be concluded that because she was not directly
affected by the act of the President of the Court, the Applicant cannot be
permitted to file a complaint against the same act pursuant to Article
10(c) of the Protocol of the Court.
50.
The same reasoning developed above to show the lack of legal capacity or
locus standi of the Plaintiff to challenge an act of an ECOWAS
Official
that did not directly violate her rights or cause any harm to her, also
applies if her case is analyzed as being filed under article 10(d) of the
Protocol on the Court, the provision that allows individuals to lodge
complaints for human rights violations.
51.
In fact, as emphatically explained
above, the Plaintiff was
not in a
situation in which her fundamental rights could have in any way been
affected or harmed by the administrative decision of the President of the
Court.
52.
It is true that she invokes the violation of a set of rights enshrined in the
African Charter of Human and Peoples’ Rights. But the mere invocation
of violation on those rights unaccompanied by any nexus between the act
allegedly infringing them and the situation of the person claiming such
violation
is not
sufficient
to
give the
necessary
capacity
to lodge
a
complaint under article 10(d) of the Protocol on the Court.
CONSEQUENTLY
53
Whereas the access to the Court is governed by the requirements
down
in Article
10 of the Protocol on the Court,
as amended
laid
by the
Supplementary Protocol A/SP/1/01/05.
54-
Whereas
Community
citizens,
as individuals,
in accessing
the
Court
against Community Institutions or their Officials have to show that their
14