JUDGMENT PARTIES PARTIES I. 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 ECOWAS respectively. SUMMARY OF THE FAC TS OF THE CASE 2. The plaintiffs who are community citizens of ECDWAS 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 24thh April, 2004. encountered to perform their official duties for their Association when tlley 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 extorting 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 2

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