Parties 1) The Applicant, who is herein called the Plaintiff for the purpose of this Preliminary Objection, is called Chief Frank Ukor and he instituted the substantive case for violations of human rights. He resides in Nigeria, and a Community citizen, and of Nigerian nationality. 2) The 1st Defendant, Rachad Laleye, in this proceeding never appeared but was served with the application of the Applicant/Plaintiff. He resides in Republic of Benin where the transaction took place. He is a community citizen, and of Beninois nationality. 3) The 2nd Defendant is the Government of the Republic Benin which was later joined by the Applicant/Plaintiff in the case and brought this Preliminary Objection under consideration. The 2nd Defendant is a Member State in the Community. 4) Learned counsel, Mr. Wilson Esangbedo is for the Applicant/Plaintiff. 5) Learned Counsel, Mr. Hippolyte Yede Esq. with Friggens J. Adjavon Esq. are for the 2nd Defendant. Facts and Procedure Stated by the 2nd Defendant 1. The Application in the substantive, referred to, in this case as dated 14th July 2005, the Government of the Republic of Benin submitted after reading the same that Mr. Chief Frank Ukor and Rachad Laleye were in a business relationship. Mr. Rachad Laleye. He, the Applicant/Plaintiff who was purported to be a freight forwarder/ clearing Agent and allegedly exercising his trade in Benin was requested by Chief Frank C. Ukor to carry out certain customs-clearance operations on his behalf in respect of 1,785 packets of items belonging to the Company called J. I. Alinnor & Brothers Limited. 2. In remuneration for his services, Mr. Rachad Laleye was supposed to receive the sum of Eight Million, Seven Hundred Thousand CFA Francs (CFA 8,700,000) as the amount agreed upon between the two (2) Parties. As a result of the fraudulent representation in the process of clearing the goods as allegedly adopted by Mr. Rachad Laleye, the Applicant may have been compelled to pay other additional sums, namely: 1) The sum of Four Million CFA Francs (CFA 4,000,000), following a false declaration made by Mr. Rachad Laleye to the Benin Customs, since, instead of honestly declaring eight (8) items contained on board the truck, he fraudulently declared only one (1) item, in the words of the Applicant (See page 3 point (h) of the Application, date 14th July 2005). 2) The sum of Three Hundred Thousand CFA Francs (CFA 300,000) to another freight forwarding agent after Mr. Rachad Laleye had abandoned the customs clearing job at the port of Cotonou. (See page 4 point (i) of the Application dated 14th July, 2005) 3) The sum of Three Million and Forty Thousand CFA Francs (CFA 3,040,000) as parking fees to Mr. George Zinzinsouhou, owner of the trailer carrying the goods. (See page 4 point (j) of the Application dated 14th July, 2005). 4) The sum of Six Hundred Thousand CFA Francs (CFA 600,000), representing the hiring fee of the vehicle which the Applicant initially accepted to hire. (See page 4 point (j) of the Application dated 14 July 2005). 5) The sum of Twelve Million and Forty Thousand CFA Francs (CFA 12,040,000) for the clearance of the goods (See page 4 point (k) of the Application dated 14th July, 2005). 6) The sum of Two Million CFA Francs (CFA 2,000,000) per week, for losses caused in connection with the trailer. (See page 4 point (I) of the Application dated 14th July, 2005). 2