The defendant, after having received the duly translated documents offered by the applicant, came on 11 April 2019, to present the rejoinder as contained in the document (5). The applicant, duly notified, replied as contained in the document (6). The parties were heard on a court hearing on May 15, 2019, and the video clip offered by the applicant was reproduced and visualized. 3- ON THE FOUNDATIONS OF THE APPLICANT’S CLAIMS: The applicant is a citizen with Nigerian nationality, ordinarily resident in The Gambia. He is an international businessman engaged in cross-border business within ECOWAS, with a particular interest in exporting fish from The Gambia to Nigeria across the borders of Senegal, Mali, Burkina Faso, Republic of Benin and Nigeria. On 18 March 2016, he departed on an exportation of 156 boxes of smoked fish to Nigeria in 3 lorries, having obtained all the necessary authorizations from the competent authorities. The trucks include: a. Iveco Truck with license plate JJJ42XQ, carrying 70 boxes of smoked bonga fish and each box contained 4000 pieces of fish. b. Mini Bus Mercedes Benz Sprinter with license plate KIA404XS, carrying 30 boxes of smoked bonga fish and each box contained 4000 pieces of the said fish. c. Mercedes Benz 814 truck with license plate MUS851XG, carrying 56 boxes of the same bonga fish and each box contained 4000 pieces. When the applicant arrived at the BADIARA border post, he discovered that the defendant had closed its borders with The Gambia and refused the passage of Gambian citizens through its country. The applicant was convinced that he being a Nigerian citizen and that the trucks carrying his products also have Nigerian registrations, approached the border police to identify himself and also to show them his passport, but to his surprise, the policemen refused to allow his access across borders. 3

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