14. On the issue of checkpoints he submitted that the checkpoints encountered by the Plaintiffs
from Badagry to Seme borders are domestic affairs of the 2nd defendant aimed at enforcing
municipal laws of the Federal Republic of Nigeria, and submitted that there was evidence that
the 1 st Plaintiff was not hindered nor restricted from free movement in the States of the 1st &
2nd defendants. He submitted on the allegation of bribery, labeled against officials of Nigeria
that the allegations were not proved in terms of the concreteness of the evidence and identity
of the officials, that they committed the acts. He relied on the case of Starcrest International
Ltd v. President of the Commission of ECOWAS & Anor (unreported), decided by this Court and
submitted that the Plaintiff failed to prove his claim and urged the Court to dismiss it.
15. In response, learned Counsel to the Plaintiff submitted that the claim being civil in nature,
the proof shall be by preponderance of evidence as held in Nwokorobia v. Nwogu (2009)50
WRN 1 at 7. He submitted that the 1 st plaintiff gave evidence that they encountered illegal
restriction on their journey which proved their claim and that once a claim of human rights
violation is proved, damages need not to be proved, as was observed in Adigun v. Ali of Oyo
State (1887) 1 NWLR 884 per Kayode Eso, JSC (as he then was) and also Buhari v. INEC (2009)
7 WRN I at 6. He further submitted that the essence of cross examination is to discredit the
witness but where such witness is not discredited; the evidence stands and ought to be taken
as reliable in proof of his case. He emphasized in his submissions that the free movement of
the Plaintiff in the instant case was restricted without just cause and urged the Court to
affirm the claim in the application.
CONSIDERATION OF THE COURT
18. On the first issue as to Jurisdiction, several issues fall out of the same as may be put thus:
a. The trite meaning of jurisdiction and lack of it and its effect;
b. The cause of action as prima facie shown in the application;
c. The cause of action relied on Protocol, A/PI/07/91 or A/SP.l/01/05 which grants
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