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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 arrest suspected terrorist, recover rifle in Zamfara
By: Zagazola Makama
Troops of Operation FANSAN YAMMA have arrested a suspected terrorist and recovered an AK-47 rifle during a routine patrol in Gusau Local Government Area of Zamfara State.
Security sources said the arrest was made on April 3 at about 11:30 a.m. by troops of 1 Brigade Combat Team deployed at Forward Operating Base (FOB) Kurya.
The suspect was apprehended at Tungan Haki village and found in possession of one AK-47 rifle mounted with a magazine containing 13 rounds of 7.62mm special ammunition.
The sources disclosed that the suspect and the recovered weapon are currently in custody for further investigation and necessary action.
They added that troops have continued to intensify patrols and surveillance operations across the area to curb criminal activities.
Troops arrest suspected terrorist, recover rifle in Zamfara
IED explosion injures two security personnel during patrol in Anambra
By: Zagazola Makama
Two security personnel have been injured following the detonation of an improvised explosive device (IED) during a fighting patrol in Ihiala Local Government Area of Anambra State.
Security sources said the incident occurred on April 3 at about 12:30 p.m. when troops of Sector 5, Operation UDO KA, deployed at Forward Operating Base (FOB) Lilu, conducted a patrol alongside Nigeria Police personnel.
It was gathered that the team sighted the IED within the Lilu general area and attempted to destroy it.
However, the explosive device detonated during the process, injuring an Explosive Ordnance Disposal (EOD) personnel and a police officer.
The injured personnel were immediately administered first aid at the scene before being referred to a medical facility for further treatment.
Authorities said the situation has been brought under control, while operations continue in the area to ensure safety and prevent further incidents.
IED explosion injures two security personnel during patrol in Anambra
Troops neutralise two terrorists, destroy hideouts in Plateau clearance operations
By: Zagazola Makama
Troops of Operation Enduring Peace (OPEP), under Operation Wutan Daji, have neutralised two suspected terrorists and destroyed several hideouts during clearance operations in Wase Local Government Area of Plateau.
Security sources said the operations were carried out in conjunction with local vigilantes across Babangida, Adua and Bokayi villages within the Dutsen Zaki forest.
It was gathered that troops made contact with the terrorists along the Babangida–Adua road, leading to a gun battle in which two of the suspects were neutralised, while others fled with possible gunshot wounds.
No casualties were recorded among the troops, and all equipment was accounted for.
During the operation, troops recovered one locally fabricated gun, a belt containing 105 rounds of 7.62mm PKT ammunition, 30 rounds of 7.62mm special ammunition and a cutlass.
In a related development, troops of CSI Battalion XIV, in collaboration with 332 Artillery Regiment and vigilantes, conducted further clearance and raid operations in Dadin-Kowa and Dada villages.
The operation involved 47 soldiers and four vigilantes, supported with motorcycles, gun trucks, a Mine-Resistant Ambush Protected (MRAP) vehicle and an artillery gun.
The troops established a gun position and carried out fire missions on suspected terrorist locations in Madam Forest to deny them freedom of action.
Subsequent raid operations in Dadin-Kowa village led to the destruction of suspected terrorist hideouts, although no contact was made with the fleeing elements.
Troops neutralise two terrorists, destroy hideouts in Plateau clearance operations
Troops arrest suspected terrorist, recover rifle in Zamfara
Troops recover suspected rustled cattle in Plateau
Troops neutralise kidnapper, rescue victim in Enugu
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