The Plaintiff in the instant case, Taakor Tropical Hardwoods Company Limited is
indubitably a limited liability company (Corporate Entity) with offices in the United
States of America and Sierra Leone. The Plaintiff being a corporate entity is alleging
violation of its human rights by the Defendant.
This Court has repeatedly held that only an individual can sue for Human Rights
violations or on his behalf by an NGO and that within the context of Article 10(d) of
the Protocol as amended, “individuals” refers to only human beings and no more.
In the reasoning of the Court, because Article 10 (c) mentioned individuals and
corporate bodies, the legislation sought to distinguish between human beings and
other legal entities. By expressly giving access to only individuals under article
10(d), the Supplementary Protocol sought to give that right exclusively to individual
human beings who are victims of human right abuse to the exclusion of all others.
A corporate body cannot therefore rely on the provisions of Article 10 (d) to access
the jurisdiction of this Court. See OCEAN KING NIGERIA LIMITED V. REPUBLIC OF
SENEGAL, SUIT NO. ECW/CCJ/APP/05/08, paragraph 48 of the judgment of 8th July
2011.
This Court has further explained itself in the case of ALHAJI MUHAMMED IBRAHIM
HASSAN V. GOV. OF GOMBE STATE ECW/CCJ/APP/03/10, para 46 of Judgment
NO. ECW/CCJ/RUL/07/12 of 15th March 2012 that an essential criterion for human
rights complaint by a Plaintiff is that of being a victim. It is therefore necessary that
the action is brought directly by the victim or on behalf of the victim by a corporate
body (NGO). The Court held as follows:
“Paragraph (d) of new Article 10 of the Protocol on the Community Court of
Justice as amended by Protocol A/SP.1/01/05 of 19 January 2005 provides:
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