76. On the issue that the plaintiff disclosed no cause of action, the depositions and the
substantive application require consideration to determine
whether
a reasonable
cause of action has been disclosed. The determination herein is not a determination
on the merit of the case.
.
A reasonable cause of action was given a fair meaning in the case of
Olufosoye
[1986] INWLR
Part 18 page 669 whereby
statement of Lord Pearson in Drummond
Obaseki
sc
Thomas v.
relied on the
- Jackson v. Britain Medical Association
1970 1 W.L.R 688 as follows:
“A reasonable cause of action is as meaning, a cause of action with a chance of success when
only the allegations in the pleading are considered”.
.
77. The submissions of both learned Counsel in their oral and written briefs have
been considered together with the substantive applications and affidavit evidence.
78. The clear intendment of the pieces of facts in the application and exhibits attached
can be simply put in terms of an allegation by the plaintiff that she was wronged
the wrongful
severance
of her
service
with the Economic
Community
by
of West
African States (ECOWAS) thus complaining of the violation of her rights.
79. The court of Justice by Article 19 of its Protocol is enjoined to apply Article 38 of
the Statute of the International Court of Justice. The provision of paragraph (C) of
Article 38 (1) of the Statute enjoined the Court to apply the general principle of law
recognised by civilised nations. The application of this principle enjoins the Court to
protect the rights of citizens that have been infringed upon or examine the allegation
of infringement of such rights. See Aegean Sea Continental Shelf case (Greece v.
Turkey)
12 UNRIAA
application
for striking
359 at 361. In the above
out the
suit must
be
circumstance,
deferred
a decision
as same
required
on the
more
examination which should be the subject of hearing of the substantive matter.
80. On the interlocutory application, which the details are shown together with the
reasoning of the Court, the court considers the entire precondition to the granting of
the same and holds that the applicant has raised a serious and triable issue with the
balance of convenience tilting on her side.
In the circumstance, the conditions for its grant have been fully exhausted and met.
19