(b) The subject matter of the case is within its jurisdiction and there is no feature in the case which prevents the court from exercising its jurisdiction and (c) The case comes before the court initiated by due process of law upon fulfillment of condition precedent to the exercise of jurisdiction. 19. The above stated conditions must be fulfilled before the court may safely assume jurisdiction in a matter and a breakdown of the same will further specify the following sub conditions emanating from the main thus: (a) Whether the subject matter is within the competence of the court (b) Whether the cause of action is properly initiated by due process and no condition precedent such as the issues raised relating to the retrospectivity of legislation; substitution of legislation. 20. The subject matter in the instant case prima facie relates to an alleged violation of human right of free movement as provided pursuant to Article 12 of the African Charter on Human and Peoples' Rights. The said Article 12(1) of the said Charter provides that: "1. Every individual shall have the right to freedom of movement of residence within the borders of a state provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. The right may only be subject to restrictions, provided for bylaw for the protection of national security, law and order, public health or morality" 21. The second and third issues pertaining to the subject matter of the claim in respect of erection of toll gates, collection of toll fares by Police. Customs and Immigration officials of the defendants, occasional closure of border and restriction of movement of persons and goods fall under the 9