been instituted before another international Court for adjudication. The Court
will only address the first condition which is relevant to the Respondent’s
objection that is; the Applicant lacks locus standi because being a corporate
entity it cannot be a victim of human right violation which only human person
can lay claim to.
38. With regards to "Locus Standi” it has been defined by the Court as the
interest to institute proceedings in a Court of law or to be heard in a given
cause. In other words, the strict application of locus standi denotes that a
Plaintiff wishing to sue must have sufficient interest in the subject matter in
order to have a standing to litigate same. See FEDERATION OF AFRICAN
JOURNALISTS & 4 ORS V. REPUBLIC OF THE GAMBIA
ECW/CCJ/JUD/04/18 @ pg.17
39. The Court has also expressed its opinion that the law of locus standi to
sue relates to the propriety of a litigant to institute an action. The standing
focuses on the right of the party in the matter, either in terms of injury suffered
or special interest possessed which is worthy of protection. See THE
REGISTERED TRUSTEES OF THE SOCIO-ECONOMIC RIGHTS &
ACCOUNTABILITY PROJECT (SERAP) & 10 ORS V. THE FEDERAL
REPUBLIC OF NIGERIA & 4 ORS ECW/CCJ/JUD/16/14 @ page 17.
40.
In the instant case the Applicant averred that it was granted authority
to establish 5 different schools on land provided by the Respondent pursuant
to which it made huge investment in the construction of many amenities to
bring the school to international standard. Without notice or compensation,
the schools were confiscated by the Respondent. These claims remain
uncontroverted by the Respondent. The Applicant has obviously established
a sufficient interest in the said property worthy of protection and thus has the
standing to bring this application.
41. The objection of the Respondent that the Applicant lacks locus standi is
premised on the fact that it is a legal person which is not contemplated within
the ambit of Article 10 (d) of the supplementary Protocol. In essence only
natural persons can access the Court for violation of their human rights. The
Court has put to rest the argument proffered by the Respondent and
established that corporate bodies such as the Applicant in the instant case has
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