ECW/CCJ/JUD/01/04 Afolabi Oladjide v. Nigeria In the Community Court of Justice of the Economic Community of West African States (ECOWAS) Holden at Abuja, Nigeria Between Mr. Olajide Afolabi - Plaintiff v. Federal Republic of Nigeria - Defendant Composition of the Court Hon. Justice H.N. Donli - President Hon. Justice Awa Daboya Nana - Member Hon. Justice Aminata Malle - Member Assisted By Tony Anene-Maidoh - Chief Registrar Counsel to the Parties 1. Mr. Alex Ikay Molokwu - for the Plaintiff 2. Mr. R. J. K. Ehicheoya - for the Defendant Judgment of the Court Facts of the Case 1. On August 9, 2003, the Applicant, Mr. Afolabi, a businessman, concluded arrangements with his customers in Benin Republic wherein, he agreed with them to purchase goods and take delivery of them on the date stated. 2. He set out on his journey and upon reaching the Seme border, between the Republic of Nigeria and Benin Republic, he found that the Border had been ordered closed, by the Federal Ministry of Foreign Affairs through a press statement that the Federal Government of Nigeria had deemed it necessary to close the border until the condition precedent for the opening of the border had been fulfilled by the Republic of Benin. 3. The Applicant, Mr. Olajide Afolabi could not proceed on his journey to Benin Republic despite his pleas to the security agents at the border about his firm commitment pursuant to his contractual obligation in Benin Republic, he was turned back. 4. Having had heavy loss for the said failure to fulfill his bargain, he as a Community citizen, filed the action in this Court of Justice, pursuance of Article 9 of the Protocol A/P.1/7/91 and Article 56 (now Article 76) of the Revised Treaty. 5. Article 15 (2) of the Revised Treaty stated that the status, composition, powers, procedure and other issues concerning the Court of Justice shall be set out in a Protocol relating thereto. 6. Also Article 9 of Protocol A/R1/7/91 of the Community Court of Justice relating to the competence of the Court provides thus: "-"1. The Court shall ensure the observance of law and the principles of equity in the interpretation and application of the provision of the Treaty. 1

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