constituted arguments submitted by the Applicant asking the Court to find that there has been violation of his rights, whereas the second part constituted the Preliminary Objection raised by the Defendant asking the Court to dismiss the arguments of the Applicant on the grounds of defect of procedure. The Facts I. Facts alleged by the applicant 3. The Applicant indicated in his Initiating Application that on 13 January 2008, while on his way on a mission to Ouagadougou, in Burkina Faso, with his colleague Mr. Dele Sonubi, a Beninese Immigration Officer at the Benin- Nigeria border asked him to pay 300 Naira before having his international passport marked with the "Entry" stamp to permit him to enter the Republic of Benin. 4. Mei demanding from the Beninese Immigration Officer an explanation for the payment of the said sum of money, the Officer indicated that it was the usual practice, and the Applicant therefore replied that they would pay that sum of money only if an official receipt would be issued for it. The Officer refused and pushed him and his colleague back, kicking their bag which contained a laptop computer. 5. Consequently, the Applicant's comment regarding how unhappy he was with the behaviour of the immigration Officer resulted in an act of assault and battery on the Applicant's person, perpetrated by certain Beninese immigration officers who were at post that day. The Applicant further claimed that he was handcuffed and severely beaten up. The Applicant also averred that he sustained serious wounds on his wrist, had bruises on his face, and developed blood clotting on his left eye. He tendered, in support of his claims, an annexed photograph marked "Exhibit B". 6. The Applicant added that Dele Sonubi, his colleague, went to alert officers of the State Security Services (SSS) of Nigeria as well as the Nigerian immigration officers, to request them to intervene in the plight of his colleague. At the end of the intervention, the Immigration Officer from Nigeria wrote a letter of commitment which enabled the Applicant to be released. The latter contended that after his release, he received medical attention at Iduna Specialist Hospital Ltd. on 21 January 2008, from Dr. Jaafar Kadiri (annexed evidence is marked "Exhibit C"). In Law II. Pleas-in-law invoked by the two parties Applicability of the African Charter on Human and Peoples' Rights 7. The Applicant, in support of his Application, referred to Article 4 of the Revised Treaty of ECOWAS, where the signatory States pledged allegiance to the principles of recognition, promotion and protection of human and peoples' rights in accordance with the provisions of the African Charier on Human and Peoples' Rights. Particularly, he cited Articles 2, 4, 5 and 12 of the said Charter, relating respectively to the enjoyment of rights and freedoms, the inviolability of human beings and respect for the life and integrity of the human person, respect for human dignity, and finally the right to freedom of movement. 8. He concluded thereby that these rights, as protected by the African Charter on Human and Peoples' Rights, were violated by the Republic of Benin, and asked the Court, under Article 1(1) [sic] of the Protocol on the Definition of a Community Citizen and Article 10(c) × Access to the Court is open to the following: c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; [sic] of the 2005 Supplementary Protocol, to: 1. Declare that the demand by the Beninese Immigration Officer for the payment of 300 Naira without the issue of an official receipt before stamping the Applicant's passport, constitutes a violation of his right to free movement as protected by Protocol A/PP1/5/79 on free movement of persons, right of residence and establishment; and Article 12 of the African Charter on Human and Peoples' Rights. 2