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 14

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