purview of the Protocol of ECOWAS on Free Movement of Persons, Residence and Establishment
which Article 12 of the said Charter is all about and specifically on the right of free movement. For
the above reasons the claims in the application no doubt fell within the said Article 9(4) of the 1991
Protocol on the Court as amended. Article 9(4) of the said Protocol provides that;
The court has jurisdiction to determinecases of violation of human
rights that occur in any Member State"
22. The ipse dixit evidence of the Plaintiff shows that the Plaintiffs were travelling from Nigeria to
Togo when the alleged violations occurred. Prima facie, the facts stated therein in the application
are acts of violation of human rights and same hinder on the Plaintiffs free movement as
envisaged in the ECOWAS Protocol on free movement. See Falana v. FRN (supra), Article 9 (4) of
the Supplementary Protocol, and Article 12(f) of the African Charter on Human and Peoples
Rights. Consequently, the applicants have shown that the subject matter falls under the
jurisdiction of this Court.
23. On the third condition for the assumption of jurisdiction are the following issues raised by
the Parties:
• Retrospectivity of legislation;
•Substitution of legislation;
• Protocol A/PI/7/91 and Protocol A/SP/01/05 and their effect;
• Statute of Limitation under Article 9(3) of the 1991 Protocol as amended;
24. These issues fall under the ambit of the said third condition for the assumption of jurisdiction
which ought to be satisfied as stated earlier herein. The arguments of the learned Counsel for
the defendants were that the Supplementary Protocol that gave access to individuals on human
rights violation was not made with retrospective effect, having been made well after the cause of
action arose and when Protocol A/PI/07/91 was still in force and applicable to the case. Learned
counsel to the Plaintiff submitted that any subsequent legislation, Act, Enactment must
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