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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
Armed bandits kill man, abduct nine in macitta village, niger state
By: Zagazola Makama
Nine people were abducted and one man killed when armed bandits attacked Macitta village in Mariga Local Government Area (LGA) of Niger State late Wednesday night, sources confirmed.
Sources said that around 11:30 p.m., a large group of armed bandits entered the community via Kotonkoro District, shooting sporadically. One of the residents, Aliyu Dan Tsohon Soja, 35, was shot dead during the attack. The identities of the nine abducted victims are yet to be confirmed.
Security forces , local vigilantes, and hunters were mobilized to the area, and the body of the deceased was evacuated to the General Hospital, Bangi, for autopsy. Efforts are ongoing to track down the attackers and ensure the safe rescue of the kidnapped individuals.
Authorities have urged residents to remain alert and report any information that may assist in the rescue operations and apprehension of the bandits.
Armed bandits kill man, abduct nine in macitta village, niger state
Three children die in bush fire while grazing cattle in Mokwa, Niger state
By: Zagazola Makama
Three children lost their lives after being engulfed by fire while grazing cattle in Tungan-Noma village, Mokwa Local Government Area (LGA) of Niger State on Wednesday, sources confirmed.
According to sources, the children Huzairu (12), Aliru (11), and Kabiru Surajo (12) went out for cattle grazing around 12:30 p.m. and entered a deep gully in the bush.
They reportedly set dried grasses on fire in an attempt to trap small bush animals. Unfortunately, the flames spread rapidly, trapping the children and preventing their escape.
The lifeless bodies were recovered and evacuated to the General Hospital, Mokwa, for autopsy. Authorities visited the scene to assess the circumstances surrounding the tragedy.
The incident draw attention to the dangers children face in rural areas, particularly when engaging in outdoor activities without supervision.
Parents have been urged to exercise caution and ensure children’s safety during such activities.
Three children die in bush fire while grazing cattle in Mokwa, Niger state
Police foil kidnap attempt on Benin-Lagos expressway, rescue 14 victims
By: Zagazola Makama
Fourteen passengers, including four juveniles, were rescued after an attempted kidnap by armed gunmen along the Benin–Lagos Expressway at Isiuwa, Edo State, police sources confirmed on Wednesday.
The incident occurred around 5:00 p.m., when about 20 gunmen, divided into three groups, emerged from the bush and opened sporadic fire on moving vehicles.
The assailants attempted to attack policemen stationed at a checkpoint but were repelled by responding officers, who coordinated with the Operation Rescue Team, CP Intelligence Squad (Buffalo Team), and Nigerian soldiers.
Two Toyota Sienna vehicles were targeted. One, with registration number RSH 210 CH, was carrying seven passengers from Imo State to Ondo State, while the second, AME 211 YL, carried six passengers.
Police stormed the bush where the gunmen had taken the victims, successfully rescuing ten adults and four juveniles. The rescued included Frederick God Bless, Prosper Admijom, Oluyemi Bolu, Amoo Muyiwa, Ifoma Uchije, Daniel Chibuzo, Solomon Audu, Samuel Chibuke, Kemi Olayiwola, Ugochukwu Irozuruike, and juveniles Chidera Ochije, Augustine Ochije, Chukwuka Ochije, and Obiakor Chisom.
During the chaos, one Abba Adam, a conductor of a Howo truck with registration DED 638 XB, jumped out of his vehicle and was struck by an oncoming truck, dying on the spot. His body was recovered and deposited at Emiloju Medical Center, Okada Junction.
Three passengers are still missing, and search efforts are ongoing. Some of the rescued victims have since continued their journey safely.
Police foil kidnap attempt on Benin-Lagos expressway, rescue 14 victims
Four killed, three injured in lakurwa bandit attack on baidi village, sokoto state
Armed bandits kill man, abduct nine in macitta village, niger state
Three children die in bush fire while grazing cattle in Mokwa, Niger state
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