“Whenever a problem of internal security shall lead to the impasition 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 other 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. and the other Member State, if
necessary even after the act. regardless of the reasons justifying such measures.”
44. On this note and in the tinal 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
{. 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, toligates, 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/P1/S/79 relating to Free Movement of
Persons, Residence and Establishment and Article (2 of the African Charter on Human and
Peoples Rights.
2, Whereas the plaintiffs relied on the provisions of the Revised Treaty, Article {2 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.
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