Articles 1, 2, 4 and 12 of the African Charter on Human and Peoples' Rights; Article 3 (2) (d) (iii), Article 4 (g), Article 45 (2), Article 46 of the ECOWAS Revised Treaty; article 13 of the Universal Declaration of Human Rights, 1948; (2) and Article 27 on Free Movement of Persons, Right of Residence and Establishment and the Mini Summit of Heads of State and Government on the creation of a Borderless ECOWAS, Abuja, 2000. In contrast, the defendant argued that the applicant's lorries did not cross the Senegalese border because of the breaking load, since, at the material time, The Gambia had not complied with the requirements for implementing the Interstate Road Transit regime (TRIE), signed in Cotonou on 29 May 1982; that the applicant did not meet the requirements for interstate transit as provided in Articles 4 and 5 et seq. of the Convention A/P4/5/82, which establishes the regime for interstate transit of goods in the ECOWAS region, therefore the applicant can not claim any infringement of the right to free movement of persons and goods. Analyzing, One of the aspects taken into account in the aforementioned Convention was the need to introduce a transit system to facilitate the transport of goods between the territories of ECOWAS Member States. Thus, the Article 1 (3) of the Convention defines state road transit as being "a regime that allows the transportation of goods by road from one Customs Office in a Member State to another Customs Office in another Member State through one or more Member States free of duties, taxes and restrictions while in transit. Such goods shall be accompanied with a set of customs documents and shall not be off-loaded or transferred while in transit." Articles 4, 5 et seq. lay down the formalities required for nationals of the Member States to benefit from the exemptions provided for therein. However, in the event of non-compliance, the Article 29 (1) of the Convention provides that "When an infringement is established in the course of and at the time of an Inter-State Road Transit Operation in a Member State, the duties, taxes and fines that may be incurred shall be collected by the Member State in conformity with the laws and regulations in force in each Member State." 15

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