( if any is predicated on an existing law, they cannot invoke the
jurisdiction of the Court.
b) That the action of the Plaintiffs is inadmissible because it will
tantamount to the Court granting them freedom to violate a
previously existing law of a member State of ECOWAS and further
submitted that once it is established that an infringement on the
liberty of the individual is in conformity with reasons and conditions
previously laid down by law, the Courts jurisdiction cannot be
invoked to challenge such infringement. Furthermore that the
Plaintiffs have not discharged the burden of proof placed on them in
this case. They have not established by credible evidence that their
rights have been violated since their stories appear fabricated aimed
at misleading the Court to “give them freedom to sell sex in the
street” (Emphasis ours).
c) Finally the Defendants contended that the 2 nd Plaintiffs’ action is
statute barred not having been brought within the three year period
stipulated by Article 9 (3) of the Supplementary Protocol of this
Court 2005, and urged the Court to dismiss the action.
Having examined the issue in contention between the Parties, arising
from the facts stated, the following issues calls for determination:
1. Whether this action as constituted falls within the jurisdiction of the Court as
to vest it with the competence to entertain same.
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