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Republic of Togo Violates the Right to Fair Trial of a former ASKY Airlines Pilot, ECOWAS Court Rules
Republic of Togo Violates the Right to Fair Trial of a former ASKY Airlines Pilot, ECOWAS Court Rules
By: Michael Mike
The ECOWAS Court of Justice has held that the Republic of Togo violated Mr. Al-Hassan Dibassi Fadia’s right to a fair trial under Article 7(2) of the African Charter on Human and Peoples’ Rights 1981.
Fadia, a former pilot with ASKY Airlines, claimed that Togo violated his human rights through disciplinary measures taken against him by ANAC-Togo, the national civil aviation authority of Togo, following accusations of falsifying flight records.
In a judgment delivered by Justice Edward Amoako Asante, President of the Court and judge rapporteur in the case, the Court ordered the Republic of Togo to pay 15 million CFA francs in general damages to Fadia.
The Court also ordered Togo to reverse and expunge the disciplinary measures from its official records.
In an application filed with the ECOWAS Court in 2023, Mr. Al-Hassan Fadia, a pilot formerly employed by ASKY Airlines, said that he passed the practical test for the Airline Transport Pilot License for Aeroplanes in France in 2019 and was duly issued a French ATPL(A) pilot license, which he converted to a Guinea-Bissau ATPL(A) license. ANAC-Togo, the civil aviation authority in Togo, validated his Guinea-Bissau license for use with ASKY Airlines.
After further training, the Applicant said that he was promoted to captain with ASKY Airlines in November 2020. However, shortly afterward, ANAC-Togo accused him and two other pilots of falsifying flight records to obtain their licenses.
Following proceedings before the Disciplinary Board of ANAC-Togo, Mr. Fadia’s license to fly as captain was withdrawn, and he was required to resume further tutelage as a “Pilot in Command under Supervision” (PICUS). ASKY Airlines subsequently terminated his employment.
In his application to the Court, Fadia argued that the disciplinary measures taken against him by the Togolese civil aviation authorities violated his right to equality and equal protection of the law, his right to a fair trial, and his right to work.
In its defence, the Republic of Togo stated that during the validation of a French ATPL(A) license for ASKY pilot Mr. Aurelien Rami, ANAC-Togo found irregularities in his flight records, prompting an investigation into the files of other ASKY Airline pilots. The investigation revealed that Captain Andriamora, Chief Pilot at ASKY, conspired with Mr. Rami and Mr. Fadia to fraudulently obtain their licenses by falsifying flight logbook entries. It is for these reasons that disciplinary measures were taken against the Applicant.
The Respondent, therefore, maintained that all actions taken were lawful and urged the Court to dismiss the application as unfounded.
In its judgment, the Court found that the offences for which Fadia was tried at the Disciplinary Board and the sanctions imposed were enacted under Ministerial Order No. 033/2021/MTRAF of 29 July 2021, after he had been accused of falsifying records in his flight logbook.
The Court, therefore, concluded that the disciplinary measures violated the protection against retroactive application of laws under Article 7(2) of the African Charter.
However, the Court concluded that the link between Fadia’s dismissal by ASKY Airlines and the alleged breach of his right to work by the Republic of Togo was not convincingly established. Nor was the Applicant able to show that he had been subjected to unjustifiably selective treatment in violation of his right to equality and equal protection of the law, given that he was subjected to the same disciplinary measures as his co-accused pilots.
The panel included Hon. Justice Gberi-Bè Ouattara and Hon. Justice Sengu Mohamed Koroma.
Republic of Togo Violates the Right to Fair Trial of a former ASKY Airlines Pilot, ECOWAS Court Rules
China Calls on Developed Countries to Mop Up Their Climate Troubles
By: Michael Mike
The Chinese Ambassador to Nigeria, Mr. Yu Dunhai has called on developed countries to mop up climatic challenges they caused in developing countries, insisting that there is urgent need for them to take responsibility of international injustices especially regarding climate change.
He stated this in Abuja on Thursday at a “Seminar on Taking New Opportunities for China – Nigeria Cooperation in Deepening Reform in the New Era.”
Yu said it was unfair for developed nations to transfer the burden of developments on developing countries especially climate change and other challenges caused as a result of industrialisation.
The government envoy said China became among the top economies by adopting people centered approach and lifting 800 million people out of poverty over the past 70 years.
He further explained that his country achieved it development goals because it was open to all countries for exchange of ideas and that has been one of the major strengths the country had displayed to the world.
Yu said his country had adopted people centered approach to become relevant among the committee of nations by advocating stability among nations and in the last 70 years, it had never been to war with anyone.
He described China and Nigeria as strong partners that have been working towards the development of one another.
On his part, the head of department, political science and international relations, University of Abuja, Professor Sheriff Ibrahim, while giving a historical background on China’s development, recommended that Nigeria must be deliberate in its pursuit of development.
He noted that Nigeria has alot of good policies that require self decipline among leaders and followers to implement.
Another professor from the University of Abuja, Bibi Farouk decried that Nigeria has not grown to its commensurate capability because its leaders refused to develop the country’s infrastructure.
He said Nigeria and China need to look at technological development in its partnership agreement to help each other grow.
He advised that Nigeria should open its markets for China to enable it benefit from Chinese technology.
China Calls on Developed Countries to Mop Up Their Climate Troubles
PDP, Sen. Lawan Condoles with Yobe Govt
By: Mamman Mohammed
PDP National Chairman Ambassador Umaru Iliya Damagum today led members of
the National Working Committee and Board of Trustees of the party on a sympathy visit to Gov. Mai Mala Buni over the Mafa attack and flood in some parts of the state.
The chairman commended Gov. Buni for giving every citizen of the state a sense of belonging irrespective of political differences.
“I must appreciate you for giving everyone a sense of belonging and fulfillment, despite our political differences” he said.
Amb. Damagum said PDP shares the pain and trauma suffered by the people over the senseless killing of innocent people, and the hardships caused by the floods.
Similarly, former Senate President, Ahmad Ibrahim Lawan, paid a sympathy visit to the governor and prayed for the repose of the souls of the victims of the Mafa attack and the floods.
He prayed to Allah to grant the departed souls Aljannatul Firdaus, and to console their families.
PDP, Sen. Lawan Condoles with Yobe Govt
News
UPDATE ON PLEDGES AND ACTUAL RECEIPTS OF DONATIONS FOR MAIDUGURI RELIEF FUND AS OF WEDNESDAY, 18 SEPTEMBER 2024
UPDATE ON PLEDGES AND ACTUAL RECEIPTS OF DONATIONS FOR MAIDUGURI RELIEF FUND AS OF WEDNESDAY, 18 SEPTEMBER 2024
By: Michael Mike
The list of pledges and actual receipts of donations and support to the Government of Borno State from corporate entities, state governments, State and National Assembly members, individuals, and non-governmental organisations are detailed below.
Kindly note that not all amounts listed were credited to the Maiduguri Relief Fund for the Borno State Government. Similarly, details of the redeemed pledges of donations and material support will be announced in due course:
Note: Updates are given at the close of every day at 7:00 pm.
States
- Bauchi State = N250m
- Kebbi State = N200m
- Adamawa State =N50m
- Yobe State = N100m
- Kano State =N100m
- Gombe State =N100m
- Taraba State =Nn100m
- Katsina State =N100m
Organisations and Individuals
- Alhaji Aliko Dangote =N2b (N1b to donated to NEMA)
- Alhaji Aminu Dantata =N1.5b
- HE Atiku Abubakar =N100m
- HE Peter Obi =N50m
- North East Dev Commission =N3b
- Nigerian Senate = N54.5m
- House of Representatives = N100m
- People’s Democratic Party (PDP) =N25m
- Borno House of Assembly =N60m
- Former Senate President Ahmed Lawan =N50m
- Hon Zainab Gimba =N25m
- Ibrahim Abba Umar =N50m
- Sumaila Satumari = N20m
- Hon Mallam Gana Kareto =N10m
- Northern Senators Forum =N10m
- Senator Barau Jibril =N10m
- Hon Moh’d Abubakar Maifata =N50m
- Southern Borno =N200m
- Hon Zakariya Dikwa =N10m
- Al-Amanah Aid =N1m
- Hon Mohammed Imam =N50m
- HE Maina Ma’aji Lawan = N10m
- HE Ali Modu Sheriff = 100m
- Hon Dr Ali Bukar Dalori = N50m
- Sen MT Monguno = N50m
- Sen Kaka Shehu Lawan = N50m
- Hon Aliyu Betara = N100m
- Hon Abdulkadir Rahis = N25m
- Hon Ibrahim Abuna = N25m
- Hon Usman Zannah = N10m
- Hon Engr Bukar Talb = 10m
- Hon Yerima Lawan Kareto = N2m
- Abdussalam Kachallah = N100m
- Awari Usman Alkali = N20m
- Eighteenth Engineering Company (EEC) = N50m
- Dan Nene Construction Company = N30m
- First Lady, Oluremi Tinubu =N500m
- Dauda Kahutu (Rara Ra) =N10m
- 27 Borno LGAs =N1.350b
- Nigerian Society of Engineers (NSE)/Council for the Regulation of Engineering in Nigeria (COREN) =N10m
Non-Cash Donations
- North East Dev Commission = 20,000 bags of 25kg rice, 20,000 cartons of macaroni and 10,000 gallons of vegetable oil.
- Sumal Food Group, Ibadan = 50,000 loaves of bread and 5,000 cartons of biscuits.
- Nasarawa State Government = 2 trucks of rice, 2 trucks of spaghetti and 2 trucks of sugar.
- General Buba Marwa (Rtd) = 10 trucks load of fertiliser worth N120m.
- Hon Aminu Jaji (HOR) = 600 bags of rice
- Nigerian Society of Engineers, Borno State Chapter = 10,000 wrappers
- Engineer Usman Monguno = 10,000 wrappers
- Alhaji Abdulkadir Ali (Matrix Energy) = Asirted food items worth N120m
- National Agency for Great Green Wall = 80 bags of 25kg rice, 30 cartons of 4.5l groundnut oil, 30 cartons of Macaroni, 30 cartons of spaghetti, 60 kerosene stoves, 73 big-size pots, 180 mats, 175 plastic chairs, 600 rubber buckets, 578 bowls, 78 mortar and pestle, 32 praying mats, 100-foot mats, 250 rubber and plastic trays, 256 bathroom slippers, 700 rubber cups, 353, stainless plates, 409 rubber plates, 291 ablation kettles, 192 aprons, 96 hand towels and 433 spoons.
- Nigerian Society of Engineers (NSE)/Council for the Regulation of Engineering in Nigeria (COREN) = 400kg of used clothes.
UPDATE ON PLEDGES AND ACTUAL RECEIPTS OF DONATIONS FOR MAIDUGURI RELIEF FUND AS OF WEDNESDAY, 18 SEPTEMBER 2024
China Calls on Developed Countries to Mop Up Their Climate Troubles
E.K. Clark commends Dangote Refinery, says it will boost Nigeria’s economy
PDP, Sen. Lawan Condoles with Yobe Govt
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