In the present proceedings, the defendant admitted that it did not allow the applicant
and his lorries transporting dried fish to enter its territory by closing its frontier with the
Gambia.
It came later, in the rejoinder, to justify that the traffic on both sides of the border
between Senegal and The Gambia was blocked due to a border crisis triggered by the
Senegalese road transport unions protesting against a new tariff imposed by the
Gambian Customs.
As can be seen In accordance with the Articles 12 of the African Charter on Human and
Peoples' Rights and of the International Covenant on Civil and Political Rights, the right
to freedom of movement of persons, goods and services can only be subject to
restrictions laid down by the law which are necessary to protect national security, public
order, public health or morality, considering that the latter legislation adds also the
restriction of the mentioned right as regards the protection of other rights and freedoms
of third parties, which are compatible with the other rights recognized in the
aforementioned Covenant.
Such restrictions were not claimed by the defendant, it pleaded only on the
aforementioned pleas in law which the Court does not uphold to.
However, the applicant added to the proceedings:
- Four declarations (see annexes 2 to 5) issued on 15th March 2016 by the High
Commission of Nigeria in Banjul, The Gambia, addressed to all customs and immigration
agencies at the various border posts, to the Director-General of Customs in Dakar,
Senegal, concerning the applicant's lorries, which state that the aforementioned entity
"... therefore calls for the assistance of all security agencies at the various border posts
en route to Nigeria to ensure smooth passage..."
- Three certificates of food safety and quality control (see Annexes 6 to 8) dated 17
March 2016 issued by The Gambian entities concerning products transported on the
applicant's lorries, which state that "The products are not, to the present state of
knowledge, harmful to human health when used for the intended purpose."
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