HORE SOCIO-CULTURAL ASSOCIATION V. FEDERAL REPUBLIC OF NIGERIA
(2011) ECW/CCJ/RUL/11/12 (2012) CCJELR, PAGE 182, PARAGRAPH 28.
90.The summary of the preceding analysis is that a direct victim who has
suffered personal and direct loss can bring an action for the violation of
his/her human rights obviously without a mandate. On the other hand, an
indirect victim who has not suffered directly is equally recognized to bring
an action in a representative capacity on behalf of the direct victim. A
mandate is waived where as in the case of death of the direct victim it is
impossible or impracticable to obtain a mandate but a proof of affiliation to
the victim must be established. Similarly, a legally recognized organization
such as an NGO bringing an action in representative capacity on behalf of
direct victims for public interest need no mandate to act.
91.Considering that a mandate to act is pivotal to the admission of an
application under this circumstance, it is now appropriate to situate the
instant Application within these perimeters to determine whether it is
competent with regards to the requirement of mandate to act. This
Application was filed by the Incorporated Trustees of Centre for Peace and
Conflict Management in Africa and Rethink Africa Foundation on behalf of
7 death row inmates allegedly convicted for murder in various courts in
Nigeria and thereafter sentenced to death. They are further alleged to be
between the ages of 24 and 101 and have been on death row for a period
ranging from 8 to 28.
92.The instant Application though brought by an NGO in a representative
capacity for 7 individuals, same not being on behalf of deceased victims or
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