"Whenever a problem of internal security shall lead to the imposition of measures restricting the implementation of the provisions of the Protocol on Free movement of persons, the right of residence and establishment the Member States concerned shall inform the Executive Secretariat and another member States within a reasonable period of time. Whenever, for reasons of internal security, a Member State shall deem it necessary to close its borders, the Member States concerned shall inform the Executive Secretariat anti the other Member State, if necessary even after the act, regardless of the reasons justifying such measures." 44. On this note and in the final analysis, the Court agrees with the defendants that the evidence adduced to prove the infringement of the rights of the plaintiffs in this case is insufficient to influence the Court to make the orders sought therein by the plaintiffs. 47. DECISION 1. Whereas the plaintiffs who are Community citizens and Legal Practitioners were in the process of travelling to Togo to perform their professional duties claimed to have encountered many road blocks, tollgates, checkpoints and closure of border and whereas they lodged this application for A declaration that the defendants have no powers to close the borders and erect checkpoints and toll gates in the member states of the ECOWAS in any manner whatsoever by virtue of Protocol A/PI/S/78 relating to Free Movement of Persons, Residence and Establishment and Article 12 of the African Charter on Human and Peoples Rights. 2. Whereas the plaintiffs relied on the provisions of the Revised Treaty, Article 12 of African Charter on Human and Peoples Rights and the violation of the Protocol on Free Movement to sought for A declaration that the defendants are under an obligation to remove all checkpoints, toll-gates and obstacles to free movement of persons and goods services and capital in the member states of the ECOWAS. 18

Select target paragraph3