SERAP v. Nigeria, Ruling, Suit No: ECW/CCJ/APP/08/09 and RUL. No: ECW/CCJ/APP/07/10 (ECOWAS, Dec. 10, 2010) 1/25/21, 1:48 PM "The Member States of the organization of African Unity parties to the present Charter shall recognize the rights, duties and freedom enshrined in this Charter and shall undertake to adopt legislative or other means to give effect to them". Article 2 of the Charter provides that: "Every individual shall be entitled to the enjoyment of the rights and freedom recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national, social origin, fortune, birth or other status". 49. In the same African Charter on Human and Peoples' Rights, Article 22 also provides that: "(1) All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. (2) States shall have the duty , individual or collectively, to ensure the exercise of the right to development". Article 24 provides that: "All peoples shall have the right to a general satisfactory environment favourable to their development". 50. Under International Human Rights Law, people whose rights are violated should have access to effective remedy. International Human Rights Treaties also require that States must take steps to protect peoples' economic, social and cultural rights from actions of non - state actors that would undermine the enjoyment of those rights. ANALYSIS BY THE COURT 51. The issues raised by the Defendants that require analysis from the Court are the following: (a) the existence of the Plaintiff as a juridical person or legal entity under Nigeria law; (b) the capacity or locus standi of the Plaintiff to institute proceedings for alleged violation of human rights that affects people living in the region of Niger Delta; (c) the jurisdiction or competence of the Court to deal with the suit lodged against the Defendants who are not Member States of ECOWAS, Community Institutions or Community Officials; (d) the existence or absence of a reasonable cause of action for the Plaintiff to sue the Defendants; (e) whether the Plaintiff's claims are statute barred; (f) enforceability of economic and social rights. (a) On the existence of the Plaintiff: 52. The issue of the existence of the Plaintiff to access the Court was raised by the 3rd Defendant who bases its objection on the fact that the Plaintiff filed the action on behalf of the people of Niger Delta who is not a person known to law, and therefore cannot sue or be sued. To buttress that argument the 4th Defendant also stated that the Plaintiff itself is not a legal person under Nigerian Law. http://www.worldcourts.com/ecowasccj/eng/decisions/2010.12.10_SERAP_v_Nigeria.htm Page 8 of 13