such as an NGO bringing an action in representative capacity on behalf of
direct victims for public interest need no mandate to act.
47.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
3 death row inmates allegedly convicted for murder by the High Court of
Abia State in Nigeria and thereafter sentenced to death. They are further
alleged to be 50, 54 and 56 years old and have been on death row for at least
15 years.
48.The instant Application though brought by an NGO in a representative
capacity for 3 individuals, same not being on behalf of deceased victims or
in pursuance of public interest, requires a mandate to act. The Court however
has no record of any authorization by these alleged inmates to the said NGO.
49.The Court at this stage must reaffirm as earlier stated that human rights are
victim-centered - NOSA EHANIRE OSAGHAE & 3 ORS V. REPUBLIC OF
NIGERIA- Supra. Therefore, victims of human rights violations are the core
object of protection of the ECOWAS Court of Justice as well as other similar
international human rights Courts. This is achieved by holding Member
States accountable to the treaty obligations they signed and providing
redress to victims of violations occasioned by them.
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