Daily Law Tips (Tip 795) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
![image](/2020/10/lawreport.jpg")
![image](/2021/05/lawpbanner.jpg")
Introduction:
Economic Community of West African States (ECOWAS) is a regional
economic community of the countries on the western part of Africa.
ECOWAS is created to promote economic integration and cooperation
among the countries on the west of Africa, since 1975. The ECOWAS
countries are Benin, Burkina Faso, Cabo Verde, Cote d’Ivoire, The
Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger,
Nigeria, Senegal, Sierra Leone, and Togo. In 2002, Mauritania, a
founding member of the ECOWAS exited in 2002.
![image](/2021/01/payne-alex.jpg")
This work is designed to expose the benefits of the ECOWAS
protocols on free movement of Persons, Residence and Establishment
to Nigerians and other citizens of the ECOWAS. On the Nigerian
boarders and that of other ECOWAS countries, Nigerians and
immigrants are forced to pay for trips that are supposed to be free
by law. Also, due to poor legal awareness, many Nigerians seek
illegal routes to ECOWAS countries, countries that they really do
not need visa to enter.
The ECOWAS Free Movement Protocol:
To promote and achieve economic integration and cooperation in West
Africa, four years after the formation of the ECOWAS, on 29 May
1979 member states adopted a Protocol for the Free Movement of
Persons, Residence and Establishment within the region. The 1979
Protocol A/P.1/5/79 and its four (4) supplementary Protocols, make
up the body of regional law on ECOWAS Free Movement of Persons,
Residence and Establishment.
On 29 May 2019, the ECOWAS celebrated the 40th anniversary of
the Protocol and its advancement of intra-regional mobility and
economic development. In 9 days from today, the 1979 Protocol will
be 42 years. The 1979 Protocol and its supplementary Protocols will
be considered in brief.
1. 1979 Protocol A/P.1/5/79 relating to Free Movement of
Persons, Residence and Establishment:
The 1979 Protocol initiated the right to community citizens of
ECOWAS to enter, reside and establish economic activities in the
territory of member states (it abolished visa). Under this,
citizens where only required to enter any ECOWAS country with valid
travel and health documents. However, a member state has right to
refuse the admission of community citizens that are deemed
inadmissible under the domestic laws of the member state. This
protocol also made the conditions for expulsion of a community
citizen.
2. 1985 Supplementary Protocol A/SP.1/7/85 on the Code of
Conduct for the implementation of the Protocol on Free Movement of
Persons, the Right of Residence and Establishment:
This Mandates member states to provide travel documents for their
citizens. It creates additional requirement for the better
treatment of persons being expelled. Also it creates protections
for illegal immigrants and provides sub-regional co-operation for
the purpose of preventing or reducing the flow of illegal
immigrants.
3. 1986 Supplementary Protocol A/SP.1/7/86 on the Second Phase
(Right of Residence):
This protocol further mandates member states to grant right of
residence to community citizens to seek and maintain income
yielding employments. It Condemns mass expulsion of community
citizens; however, it allows individual expulsion on certain
conditions; like national security, public order, public health and
breach of essential residence conditions.
4. 1989 Supplementary Protocol A/SP.1/6/89 amending and
complementing the provisions of Article 7 of the Protocol on Free
Movement, Right of Residence and Establishment:
This amended Article 7 of the 1979 Protocol, to now allow member
states to amicably resolve disputes by direct agreement, where
dispute is arising from the Protocol on free Movement. However,
where there is a failure to resolve dispute amicably, it mandates a
fact-finding mission of 3-member states to investigate the
complaint and send report with a view of finding solutions.
5. 1990 Supplementary Protocol A/SP.2/5/90 on the Implementation
of the Third Phase (Right to Establishment):
This defines the right of establishment, allowing community
citizens and their businesses to be established in territories of
the member states, without discrimination from such member states.
It prohibits nationalization and confiscation of property of
community citizens and then guarantees compensation. The exception
to this, is where there are issues of public health, security or
public order.
Conclusion:
The ECOWAS free movement is to allow free entry, residence and
establishment of citizens of the ECOWAS in any ECOWAS country. By
it, all citizens of the countries in the ECOWAS are free to move
and visit any of the ECOWAS Countries, without VISA. All that the
citizens need, are travel documents and health clearance documents
(a passport/travel card and a Yellow Fever Certificate) to stay
freely for 90 days without visa in any of the ECOWAS Countries.
Once again, the ECOWAS countries are; Benin, Burkina Faso, Cabo
Verde, Cote d’Ivoire, The Gambia, Ghana, Guinea, Guinea-Bissau,
Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, and Togo.
It is the duty of the government of Nigeria and every other
ECOWAS Country, to provide travel documents (passports) for the
citizens, to enable their citizens travel, explore, get employed,
set up businesses and be established in any of the ECOWAS
countries. Nigeria and other ECOWAS member states, have a duty to
promote free legal awareness to ensure citizens are aware of their
rights and duties. This will reduce the unnecessary use of illegal
boarders and routes by Nigerians in accessing other ECOWAS
countries, that they are ordinarily free to access without Visa.
Free legal awareness will reduce the extortions of Nigerians and
immigrants on borders by some staff of government agencies, even
when such travellers are not to pay a kobo to access any ECOWAS
Country.
My authorities, are:
1. Sections 1, 2, 3, 4, 5, 6, 12, 33 to 45, 318 and 319 of the
Constitution of the Federal Republic of Nigeria, 1999.
2. Articles 1, 2, 12, 15, 57, 76, 77, Economic Community of West
African State (ECOWAS) Revised Treaty, 1993.
3. 1979 Protocol A/P.1/5/79 relating to Free Movement of Persons,
Residence and Establishment
4. 985 Supplementary Protocol A/SP.1/7/85 on the Code of Conduct
for the implementation of the Protocol on Free Movement of Persons,
the Right of Residence and Establishment
5. 1986 Supplementary Protocol A/SP.1/7/86 on the Second Phase
(Right of Residence)
6. 1989 Supplementary Protocol A/SP.1/6/89 amending and
complementing the provisions of Article 7 of the Protocol on Free
Movement, Right of Residence and Establishment
7. 1990 Supplementary Protocol A/SP.2/5/90 on the Implementation of
the Third Phase (Right to Establishment)
8. Onyekachi Umah, “An Alternative to Courts for Human Rights
Cases” (LearnNigerianLaws.com, 14 May 2021) accessed 19 May
2021.
9. Onyekachi Umah, “How and When Nigeria Can Exit the AFCFTA”
(LearnNigerianLaws.com, 16 March 2021) accessed 19 May 2021.
10. Onyekachi Umah, “ECOWAS Court as a Weak Alternative to Nigerian
Courts” (LearnNigerianLaws.com, 20 May 2021) accessed 19 May
2021.
Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnTheBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp). To receive
free Daily Law Tips, join our free WhatsApp group via
https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN or Telegram group,
via the below link: https://t.me/LearnNigerianLaws
To keep up to date on all free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws,
Instagram:@LearnNigerianLaws,
Twitter: @LearnNigeriaLaw,
YouTube: Learn Nigerian Laws,
WhatsApp Groups via
(https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN),
Telegram Group: (https://t.me/LearnNigerianLaws),
Facebook group:
(https://www.facebook.com/groups/129824937650907/?ref=share)
or visit our website: (www.LearnNigerianLaws.com)
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.
This publication is powered by www.LearnNigerianLaws.com {A Free
Law Awareness Program of Sabi Law Foundation, supported by the law
firm of Bezaleel Chambers International (BCI).} Sabi Law Foundation
is a Not-For-Profit and Non-Governmental Legal Awareness
Organization based in Nigeria. For sponsorship and partnership,
contact: sponsorship@learnnigerianlaws.com, sabilaw.ng@gmail.com or
+234 903 913 1200.
Daily Law Tips (Tip 795) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
Introduction:
Economic Community of West African States (ECOWAS) is a regional
economic community of the countries on the western part of Africa.
ECOWAS is created to promote economic integration and cooperation
among the countries on the west of Africa, since 1975. The ECOWAS
countries are Benin, Burkina Faso, Cabo Verde, Cote d’Ivoire, The
Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger,
Nigeria, Senegal, Sierra Leone, and Togo. In 2002, Mauritania, a
founding member of the ECOWAS exited in 2002.
This work is designed to expose the benefits of the ECOWAS
protocols on free movement of Persons, Residence and Establishment
to Nigerians and other citizens of the ECOWAS. On the Nigerian
boarders and that of other ECOWAS countries, Nigerians and
immigrants are forced to pay for trips that are supposed to be free
by law. Also, due to poor legal awareness, many Nigerians seek
illegal routes to ECOWAS countries, countries that they really do
not need visa to enter.
The ECOWAS Free Movement Protocol:
To promote and achieve economic integration and cooperation in West
Africa, four years after the formation of the ECOWAS, on 29 May
1979 member states adopted a Protocol for the Free Movement of
Persons, Residence and Establishment within the region. The 1979
Protocol A/P.1/5/79 and its four (4) supplementary Protocols, make
up the body of regional law on ECOWAS Free Movement of Persons,
Residence and Establishment.
On 29 May 2019, the ECOWAS celebrated the 40th anniversary of
the Protocol and its advancement of intra-regional mobility and
economic development. In 9 days from today, the 1979 Protocol will
be 42 years. The 1979 Protocol and its supplementary Protocols will
be considered in brief.
1. 1979 Protocol A/P.1/5/79 relating to Free Movement of
Persons, Residence and Establishment:
The 1979 Protocol initiated the right to community citizens of
ECOWAS to enter, reside and establish economic activities in the
territory of member states (it abolished visa). Under this,
citizens where only required to enter any ECOWAS country with valid
travel and health documents. However, a member state has right to
refuse the admission of community citizens that are deemed
inadmissible under the domestic laws of the member state. This
protocol also made the conditions for expulsion of a community
citizen.
2. 1985 Supplementary Protocol A/SP.1/7/85 on the Code of
Conduct for the implementation of the Protocol on Free Movement of
Persons, the Right of Residence and Establishment:
This Mandates member states to provide travel documents for their
citizens. It creates additional requirement for the better
treatment of persons being expelled. Also it creates protections
for illegal immigrants and provides sub-regional co-operation for
the purpose of preventing or reducing the flow of illegal
immigrants.
3. 1986 Supplementary Protocol A/SP.1/7/86 on the Second Phase
(Right of Residence):
This protocol further mandates member states to grant right of
residence to community citizens to seek and maintain income
yielding employments. It Condemns mass expulsion of community
citizens; however, it allows individual expulsion on certain
conditions; like national security, public order, public health and
breach of essential residence conditions.
4. 1989 Supplementary Protocol A/SP.1/6/89 amending and
complementing the provisions of Article 7 of the Protocol on Free
Movement, Right of Residence and Establishment:
This amended Article 7 of the 1979 Protocol, to now allow member
states to amicably resolve disputes by direct agreement, where
dispute is arising from the Protocol on free Movement. However,
where there is a failure to resolve dispute amicably, it mandates a
fact-finding mission of 3-member states to investigate the
complaint and send report with a view of finding solutions.
5. 1990 Supplementary Protocol A/SP.2/5/90 on the Implementation
of the Third Phase (Right to Establishment):
This defines the right of establishment, allowing community
citizens and their businesses to be established in territories of
the member states, without discrimination from such member states.
It prohibits nationalization and confiscation of property of
community citizens and then guarantees compensation. The exception
to this, is where there are issues of public health, security or
public order.
Conclusion:
The ECOWAS free movement is to allow free entry, residence and
establishment of citizens of the ECOWAS in any ECOWAS country. By
it, all citizens of the countries in the ECOWAS are free to move
and visit any of the ECOWAS Countries, without VISA. All that the
citizens need, are travel documents and health clearance documents
(a passport/travel card and a Yellow Fever Certificate) to stay
freely for 90 days without visa in any of the ECOWAS Countries.
Once again, the ECOWAS countries are; Benin, Burkina Faso, Cabo
Verde, Cote d’Ivoire, The Gambia, Ghana, Guinea, Guinea-Bissau,
Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, and Togo.
It is the duty of the government of Nigeria and every other
ECOWAS Country, to provide travel documents (passports) for the
citizens, to enable their citizens travel, explore, get employed,
set up businesses and be established in any of the ECOWAS
countries. Nigeria and other ECOWAS member states, have a duty to
promote free legal awareness to ensure citizens are aware of their
rights and duties. This will reduce the unnecessary use of illegal
boarders and routes by Nigerians in accessing other ECOWAS
countries, that they are ordinarily free to access without Visa.
Free legal awareness will reduce the extortions of Nigerians and
immigrants on borders by some staff of government agencies, even
when such travellers are not to pay a kobo to access any ECOWAS
Country.
My authorities, are:
1. Sections 1, 2, 3, 4, 5, 6, 12, 33 to 45, 318 and 319 of the
Constitution of the Federal Republic of Nigeria, 1999.
2. Articles 1, 2, 12, 15, 57, 76, 77, Economic Community of West
African State (ECOWAS) Revised Treaty, 1993.
3. 1979 Protocol A/P.1/5/79 relating to Free Movement of Persons,
Residence and Establishment
4. 985 Supplementary Protocol A/SP.1/7/85 on the Code of Conduct
for the implementation of the Protocol on Free Movement of Persons,
the Right of Residence and Establishment
5. 1986 Supplementary Protocol A/SP.1/7/86 on the Second Phase
(Right of Residence)
6. 1989 Supplementary Protocol A/SP.1/6/89 amending and
complementing the provisions of Article 7 of the Protocol on Free
Movement, Right of Residence and Establishment
7. 1990 Supplementary Protocol A/SP.2/5/90 on the Implementation of
the Third Phase (Right to Establishment)
8. Onyekachi Umah, “An Alternative to Courts for Human Rights
Cases” (LearnNigerianLaws.com, 14 May 2021) accessed 19 May
2021.
9. Onyekachi Umah, “How and When Nigeria Can Exit the AFCFTA”
(LearnNigerianLaws.com, 16 March 2021) accessed 19 May 2021.
10. Onyekachi Umah, “ECOWAS Court as a Weak Alternative to Nigerian
Courts” (LearnNigerianLaws.com, 20 May 2021) accessed 19 May
2021.
Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnTheBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp). To receive
free Daily Law Tips, join our free WhatsApp group via
https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN or Telegram group,
via the below link: https://t.me/LearnNigerianLaws
To keep up to date on all free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws,
Instagram:@LearnNigerianLaws,
Twitter: @LearnNigeriaLaw,
YouTube: Learn Nigerian Laws,
WhatsApp Groups via
(https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN),
Telegram Group: (https://t.me/LearnNigerianLaws),
Facebook group:
(https://www.facebook.com/groups/129824937650907/?ref=share)
or visit our website: (www.LearnNigerianLaws.com)
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.
This publication is powered by www.LearnNigerianLaws.com {A Free
Law Awareness Program of Sabi Law Foundation, supported by the law
firm of Bezaleel Chambers International (BCI).} Sabi Law Foundation
is a Not-For-Profit and Non-Governmental Legal Awareness
Organization based in Nigeria. For sponsorship and partnership,
contact: sponsorship@learnnigerianlaws.com, sabilaw.ng@gmail.com or
+234 903 913 1200.