5 this Court in proceedings for the determination of an act or inaction of a Community Official which violates the rights of the individual or COI])Orate bodies. The Court also has jurisdiction over human rights violations that occur in Member States. 12. Learned counsel to the plaintiff also stated that contrary to defendant's allegations, the matter in issue is clearly o11e of a violation of the human and property rights of a Community Citizen and therefore one that squarely falls within the ambit of human rights. Counsel posited further that plaintiff's fundamental rights to fair hearing, right to own property and its freedom of movement and right of passage at sea, all guaranteed under the African Charter on Human and Peoples' Rights have been infringed by the defendant. 13. After careful consideration of the arguments of the parties, this Court in a Ruling dated the 27th of April, 2010 concluded that the issues in the preliminary objection are interwoven with the substantive issues and therefore made it inappropriate to resolve them without dete1mining the substantive case. Thus, in line with Article 87(5) of its Rules of Procedure, the Court reserved its decision in the preliminary procedure until the final determination of the merits of the substantive application. Oral phase 14. The Chief Executive Officer of the plaintiff, Mr. Olakunle Kuteyi, the sole witness in the case give evidence in support of their case. He stated that he is the legal representative of the plaintiff by virtue of a power of attorney deposed to and executed by the Directors of the plaintiff. He testified to the facts pleaded and was extensively cross-examined. The court will refer to the relevant parts of his testimony and cross-examination li1 the course of this decision. Plaintiff’s address 15. Leamed counsel to the plaintiff started his final address with a recount of the legal ·basis of the application and the reliefs sought therein. I-Ie went on to state that the plaintiff is seeking over US$ 5.8 Million for the loss it has suffered, being the value of its vessel, lost earnings, travelling expenses, etc. and 5