63. On the lack of capacity of the 2nd to 6th Applicants to bring this suit for themselves
and on behalf of other victims because they have not suffered any loss, the Court has
maintained an essential criterion in its flourishing jurisprudence that the Plaintiff in
a human right action must attain the status of a victim who has suffered some loss
or damage. This assertion has gained credence from Article 10 (d) of the 2005
Supplementary Protocol to the effect that every action relating to human rights
protection, must be filed by an individual or a corporate body who fulfils the
requirement of being a victim. Article 10 (d) of the Supplementary Protocol 2005 on
the Court states that access to the Court is open to:
”Individuals on application for relief for violation of their human
rights”
64. To qualify as a victim, the Applicant must be able to establish that it has suffered
a personal loss and have an interest that is direct and ascertainable. Further, the case
of AZIAGBEDE KOKOU & 68 ORS V. REPUBLIC OF TOGO
ECW/CCJ/JUD/07/13 PAGE 175 @24, the Court held that:
“To claim to be a victim, there must exist a sufficient direct link between an
applicant and the prejudice he deems to have suffered as a result of the alleged
violation.”
Also in the case of ODAFE OSERADA V. ECOWAS COUNCIL OF MINISTERS,
ECOWAS PARLIAMENT & ECOWAS COMMISSION, ECW/CCJ/JUD/01/08 @ 27,
the Court held that:
“Generally, and from a legal standpoint, the necessity for an Applicant to
provide justification of interest in a case is attested to by the adage that where
there is no interest, there is no action, and also an interest is the measuring
rod for an action. In other words, an application is admissible only when the
applicant justifies that he brings a case before a Judge for the purposes of
protecting an interest or defending an infringement of such. Such an interest
must be direct, personal and certain.”
65. In essence;
“A victim is anyone who suffers individual or collective harm (or pain) such
as physical or mental injury, emotional suffering, economic loss, or generally
any impairment of human rights as a result of acts or omissions that constitute
gross violations of human rights, or serious violations of humanitarian law
norms.”
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