JUDGMENT
PARTIES
PARTIES
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The first Plaintiff is Femi Falana, the former President of the West African Bar Association.
The second plaintiff is Waidi Moustapha, a Vice president of the West African Bar Association.
The first defendant is the Republic of Benin; the second defendant is the Federal Republic of
Nigeria; the third defendant is the Republic of Togo, all Member
States of ECDWAS
respectively.
SUMMARY OF THE FACTS OF THE CASE
2. The plaintiffs who are community citizens of ECOWAS and Legal practitioners, practising as
legal practitioners in the community and elected as President and Vice President of the West
African Bar Association, were on the date in question, travelling from Nigeria by road to Togo
on 24" April, 2004, to perform their official duties for their Association when they
encountered many road blocks, Police, Customs and Immigration officials who had obstructed
the road, stopped them but were identified as Legal practitioners, and exhibited their
passports before
they were granted passage, even at the Seme border, which connects
Nigeria and Benin.
3. However in his evidence, the first plaintiff indicated that even though they were given access
to proceed on their journey, other passengers/ travellers were harassed by the said officers
who blocked the road, checking and exterting
money from these travellers. They however
proceeded from Nigeria to Benin and on reaching the Togolese border with Benin, the officials
refused them passage/ free movement to Lome - Togo on the grounds that the Republic of
Togo was holding its presidential election and the order was to close the border. They were