Articles 12 (1) and(2) state: 1. Every individual shall have the right to freedom of movement and 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. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 51. The said encroachment, not being in consonance with the above restrictions, is therefore a violation of the victims' right to freedom of movement under Article 12 (1) and(2) of the African Charter. 52. The Complainant alleges that the search without warrant of CLO's premises and the seizure of its property is a violation of Article 14 of the Charter. It is contended that Article 14 implies that owners have the right to undisturbed possession, use and control of their property however they deem fit. Article 14 of the African Charter provides: The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws. 53. The Complainant further contends that no evidence was ever offered of public need or community interest to justify the search and seizure. The said encroachment therefore is a violation of Article 14 of the Charter. 54. Unfortunately, to date, the Government of the Federal Republic of Nigeria has neither responded to the Commission's request for additional information/observations nor for the arguments on the merits of the case. In these circumstances, the Commission is therefore compelled to accept the facts of the Complainant as the facts of this case. Holding For the above reasons, the African Commission Holds a violation of Articles 5, 6, 7(1) (a), (d), 9, 10(1), 12(1) and(2), and 14 of the African Charter. Cotonou, Benin, 23 October to 6th November 2000.

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