case because if the period when the cause of action arose and the date the case was lodged in the
Registry of the Court are computed, the period would have fallen beyond 3years contrary to the
three year period stipulated by Article 9(3) of Protocol A/PI/7/81 as amended.
32. Freedom of Movement according to Postema Gerald (1997) Racism and the law by Plessy
Springer p.48, "is a human right that asserts that a citizen of a state in which that citizen is present
has the liberty to travel, reside in, and/or work in any part of the State where one pleases within
the limits and in respect for the liberty and rights of others and to leave that state and return at
any time". The word, 'State' used in Article 12 if be read in conjunction with Article 3 iii) of the
Protocol to the Community of ECOWAS would bring out the meaning of the State clearer. In that
circumstance, from the above statement. another recurring word to note is "liberty" which is used
to denote Freedom of movement.
33. The opposite of this word 'liberty' would be the word, "restraint," which denotes violation of
the Freedom of movement as guaranteed by the African Charter. The above section is clear
therefore that the right conferred on every individual is not absolute but qualified, that is to say the
right to freedom of movement though guaranteed is subject to the laws. national security, public
health and morality of that state or country in question. The Court holds that from the facts
averred by the plaintiffs in their application and their oral testimony before this Court there is
nothing to show that their movement as they travelled from the Federal Republic of Nigeria to
Republic of Benin and then to the Republic of Togo was restrained by the 1st and 2nd and 3rd
defendants. Since there was no form of restraint, then inferably there was no violation of the right
to freedom of movement committed against the Plaintiffs.
BURDEN DF PROOF
34. For further expatiation on the issues raised by the parties, the question of onus of proof came
into focus as to whether the plaintiffs did prove the case as required by law. As always, the onus of
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