ECW/CCJ/JUD/01/10 Daouda Garba v. Benin The Community Court of Justice of the Economic Community of West African States (ECOWAS) Holden at Abuja, in Nigeria On Wednesday, the 17th Day of February 2010 Daouda Garba v. Republic of Benin Before their Lordships 1. Hon. Justice Awa Nana Daboya - Presiding 2. Hon. Justice Hansine Donli - Member 3. Hon. Justice Soumana D. Sidibé - Member Assisted by Maître Athanase Atannon Registrar The Court, In the case Between Daouda Garba, Applicant, represented by Olusola Egbenika Esq., Lawyer at Falana and Falana Chambers, 22 Mediterranean Street, Imani Estate, Opp MTN- Office, Maitama, Abuja, Nigeria And The Republic of Benin, Defendant, represented by Maître Hippolyte Yede, Lawyer registered with the Court of Appeal of Cotonou, Benin, whose address for service is: Embassy of Benin in Nigeria, located on Plot No. 2579, near Algon Guest House, Yedserram Street, Maitama, Abuja, Nigeria Delivers the following Judgment: 1. By Application dated 19 December 2008, Mi. Daouda Garba, a Nigerian national, and Programme Officer for "Peace and Security" at the Centre for Democratic Development (CDD), an NGO based in Abuja, Nigeria, brought his case before the Community Court of Justice, ECOWAS pressing charges against the Republic of Benin, the Defendant, for violation of his right to human dignity and his right to freedom of movement as guaranteed by the African Charter on Human and Peoples' Rights. 2. The case, which was argued in two parts, was amply pleaded by common consent among the two parties and the interlocutory application was joined to the merits. The first part dealt with the merits, and 1

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