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.
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