kept at the border until after the election in Togo and their official assignment in Togo was
not possible to be carried out.
4. Hence, the two plaintiffs filed an action before this Court claiming the following reliefs:
a) A declaration that the defendants have no powers to close the borders and erect
checkpoints and toll gates in the member states of the ECOWAS in any manner whatsoever
by virtue of Protocol A/PI/S/79 relating to Free Movement of Persons, Residence and
Establishment and Article 12 of the African Charter an Human and Peoples Rights.
b) A declaration that the defendants are under an obligation to remove all checkpoints, tollgates and obstacles to free movement of persons and goods, services and capital in the
Member States of the ECOWAS.
c) An order mandating the defendants to remove all checkpoints, tollgates and obstacles to
free movement of persons and goods, services and capital in the member states of
ECOWAS forthwith.
d) An order of perpetual injunction restraining the defendants from closing their border or
erecting checkpoints, tollgates and other obstacles in the Member States of the ECOWAS.
5. Initially the action by the plaintiffs was against the {5 Member States of ECOWAS, namely:
The Republic of Benin;
e The Republic of Burkina Faso;
e)
The Republic of Cape Verde;
e
The Republic of Cote D'ivoire;
e
The Republic of The Gambia;
e
The Republic of Ghana;
e
The Republic of Guinea;
e
The Republic of Guinea Bissau;