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ECOWAS Court rules unlawful, the dismissal of a staff of ECOWAS Commission, Mr. Momodu Khalipha Cham
ECOWAS Court rules unlawful, the dismissal of a staff of ECOWAS Commission, Mr. Momodu Khalipha Cham
By: Michael Mike
The Community Court of Justice, ECOWAS, on July 10, 2024, declared that the dismissal of Mr. Momodu Cham, a former staff of the ECOWAS Commission was unlawful and not in compliance with Article 69 of the ECOWAS Staff Regulations.
The applicant, Mr. Momodu Khalipha Cham, a community citizen residing in Banjul, Republic of Gambia, filed an application, against ECOWAS Commission and its president respectively the first and second Respondents, challenging his unlawful suspension and subsequent dismissal from his position as a Procurement Officer with the Inter-Governmental Action Group against Money Laundering and Terrorism Financing (GIABA), a specialised agency of ECOWAS.
Justice Dupe Atoki, the Judge Rapporteur who delivered the judgment said that the cessation of Mr. Cham’s salary before the exhaustion of the appeal process was arbitrary, unlawful, null, and void, contrary to Article 73(b) of the ECOWAS Staff Regulations. However, the judge said that the Court declined the orders for mandatory injunctions and reinstatement.
In regard to compensation, the Court ordered the Respondents to pay Mr. Cham his salary arrears and other entitlements from January 2021 to June 2021. Additionally, it ordered the payment of Mr. Cham’s salaries and emoluments from July to December 2021 as compensation for the unlawful dismissal.
In this case, the Applicant narrated that Mr. Cham 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 January 26, 2021, Mr. Cham was summarily dismissed, and his salaries and emoluments were withheld in violation of the ECOWAS Staff Regulations. Mr. Cham sought several reliefs, including the Declaration that his dismissal was arbitrary, null, and void; an Order setting aside his dismissal; an Order for the immediate payment of his salary arrears and other entitlements from January 2021. The applicant also asked for his reinstatement to his position as a Procurement Officer and compensation for costs incurred in prosecuting the suit.
The Respondents, in their defense, maintained that Mr. Cham was properly suspended and dismissed following a forensic audit report and a subsequent query. They argued that the dismissal was appropriate due to allegations of gross misconduct, embezzlement, theft, fraud, and abuse of trust.
In its judgment, the Court determined that requesting an on-the-spot response to charges without prior notice or an opportunity to prepare a defense violates procedural safeguards outlined in the ECOWAS Staff Regulations. Consequently, the summary dismissal of the Applicant by the 2nd Respondent breached Article 69 of the regulation.
Additionally, the Court emphasised that the regulations are designed to ensure an Applicant’s rights are fully maintained until the Council’s final decision. 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.
Also on the three-member panel were Honourable Justices Gberi-bè Ouattara, presiding, and Sengu Mohamed Koroma, member.
ECOWAS Court rules unlawful, the dismissal of a staff of ECOWAS Commission, Mr. Momodu Khalipha Cham
Troops intercept 11 youths with donkeys during patrol in Borno
By: Zagazola Makama
Troops of 68 Battalion have intercepted 11 youths during a routine patrol in Mallam Fatori area of Abadam Local Government Area of Borno State.
Security sources said the interception occurred along the Bulagana–Cheisa axis on April 2 during ongoing clearance operations in the area.
According to the sources, the individuals were found moving in the area with 12 donkeys when they were stopped and briefly interrogated by troops.
The sources added that the youths were later handed over, alongside the animals, to relevant authorities in a neighbouring country for further necessary action.
The military said the patrol was part of sustained efforts to maintain security dominance and prevent exploitation of border communities by criminal elements.
Troops intercept 11 youths with donkeys during patrol in Borno
Troops recover ammunition, logistics items in Kwara patrol operation
By: Zagazola Makama
Troops of the Nigerian Army under the 22 Brigade have recovered ammunition and other logistics items during a fighting patrol in Ifelodun Local Government Area of Kwara State.
A security source disclosed that the operation was conducted at about 4:00 p.m. on April 2 at Daban Lema, where troops of the brigade, operating from the Patrol Base, encountered signs of suspected terrorist activities in a deserted location.
According to the source, the troops immediately carried out exploitation of the area, leading to the recovery of four rounds of 7.62mm special ammunition and one empty PKT ammunition belt link.
Other items recovered include four mobile phones, two head warmers, two small solar panels, and assorted repair tools believed to have been used by the suspected terrorists.
The source added that the recovery indicates the presence and movement of suspected criminal elements within the area, noting that troops have intensified surveillance and patrols to deny them freedom of action.
Troops recover ammunition, logistics items in Kwara patrol operation
Troops foil attack by Criminal Youths, rescue victims, arrest suspects in plateau
By: Zagazola Makama
Troops of Sector 1, Operation Enduring Peace (OPEP), have foiled an attack on residents at Dutse Uku in Jos North Local Government Area of Plateau State.
A security source said the troops responded swiftly to a report of sporadic gunshots in the area at about 11:50 p.m. on April 2.
According to the source, upon arrival at the scene, the suspected criminals fled, abandoning their operation due to the prompt intervention of the troops.
He said the troops rescued two victims who sustained gunshot wounds during the incident and immediately evacuated them to a hospital for medical attention.
The source further disclosed that two suspects, dressed in black attire, were arrested at the scene.
Items recovered from the suspects include a cutlass and a knife.
He added that the suspects are currently in military custody and undergoing preliminary investigation, while efforts are ongoing to track down other fleeing members of the group.
Zagazola report that despite heightened security, there has been report of pocket of attacks in some communities.
The source reassured residents of the military’s commitment to protecting lives and property and urged the public to continue providing timely information to security agencies.
Troops foil attack by Criminal Youths, rescue victims, arrest suspects in plateau
Troops intercept suspected Boko Haram logistics convoy conveying 13 persons in Borno
Troops intercept 11 youths with donkeys during patrol in Borno
Troops, CJTF arrest three suspected Boko Haram logistics suppliers in Borno
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