No menu items!
EletiofeCourt nullifies ECOWAS Commission staff’s dismissal

Court nullifies ECOWAS Commission staff’s dismissal

-

- Advertisment -

Cham had filed the suit following his dismissal from his position as a Procurement Officer with the Inter-Governmental Action Group against Money Laundering and Terrorism Financing (GIABA), a specialised ECOWAS agency.

The applicant, a community citizen residing in Banjul, Gambia, had joined the Economic Commission for West African States (ECOWAS) and its President, as first and second Respondents, respectively, in the suit challenging his sack.

Delivering judgment, Justice Dupe Atoki, the Judge Rapporteur, held that the cessation of Cham’s salary by the Commission before the exhaustion of the appeal process was arbitrary, unlawful, null, and void.

According to Justice Atoki, the action of the Commission is contrary to Article 73(b) of the ECOWAS Staff Regulations.

The Court, therefore, ordered the Respondents to pay Cham his salary arrears and other entitlements from January 2021 to June 2021, as compensation.

It further ordered the Commission to pay Mr Cham’s salaries and emoluments from July to December 2021 as compensation for the unlawful dismissal.

“Requesting an on-the-spot response to charges without prior notice or an opportunity to prepare a defence violates procedural safeguards outlined in the ECOWAS Staff Regulations.

“The regulations are designed to ensure an Applicant’s rights are fully maintained until the Council’s final decision.

“Consequently, the summary dismissal of the Applicant by the 2nd Respondent breached Article 69 of the regulation.

“Therefore, the cessation of the Applicant’s salary and other emoluments after invoking the right of appeal is a violation of Article 73(b) of the ECOWAS Staff Regulations,” Justice Atoki held.

The Court, however, declined to grant any orders for mandatory injunctions against the Commission and reinstatement of the applicant.

The News Agency of Nigeria (NAN) recalls that the Applicant had contended at the trial that he was suspended on July 11, 2019, following a forensic audit report by Ernst and Young UK, which implicated him in irregularities related to the purchase of IT equipment for GIABA.

He said that on Jan. 26, 2021, he was summarily dismissed, and his salaries and emoluments were withheld in violation of the ECOWAS Staff Regulations.

Cham had prayed the court to grant him several reliefs, including a declaration that his dismissal was arbitrary, null, and void.

He also sought an order setting aside his dismissal and the immediate payment of his salary arrears and other entitlements from January 2021.

The applicant had also prayed for his reinstatement to his position as a Procurement Officer and compensation for costs incurred in prosecuting the suit.

The Respondents, in their defence, had, however, maintained that the applicant was properly suspended and later dismissed following a forensic audit report and a subsequent query.

They had also argued that the dismissal was appropriate due to the allegations of gross misconduct, embezzlement, theft, fraud, and abuse of trust.

NAN reports that the three-member panel also had Justices Gberi-bè Ouattara, presiding, and Sengu Mohamed Koroma, as a member.

Latest news

7 Best Handheld Gaming Consoles (2024): Switch, Steam Deck, and More

It feels like a distant memory by now, but right before the Nintendo Switch launched in 2017, it seemed...

The Boeing Starliner Astronauts Will Come Home on SpaceX’s Dragon Next Year

NASA has announced that astronauts Barry Wilmore and Sunita Williams will return to Earth next February aboard SpaceX’s Dragon...

How to Switch From iPhone to Android (2024)

Ignore the arguments about which is better, because iPhones and Android phones have far more in common than some...

12 Best Tablets (2024): iPads, Androids, and More Tested and Compared

Tablets often don't come with kickstands or enough ports, so it's a good idea to snag a few accessories...
- Advertisement -

Will the ‘Car-Free’ Los Angeles Olympics Work?

THIS ARTICLE IS republished from The Conversation under a Creative Commons license.With the Olympic torch extinguished in Paris, all...

Lionel Messi will return before MLS playoffs, says Inter Miami coach Tata Martino

Inter Miami head coach Tata Martino said on Friday that Lionel Messi will return to the team's lineup before...

Must read

7 Best Handheld Gaming Consoles (2024): Switch, Steam Deck, and More

It feels like a distant memory by now, but...

The Boeing Starliner Astronauts Will Come Home on SpaceX’s Dragon Next Year

NASA has announced that astronauts Barry Wilmore and Sunita...
- Advertisement -

You might also likeRELATED
Recommended to you