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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 Gunrunner in Taraba State
By: Zagazola Makama
Troops of Operation Whirl Stroke (OPWS), in collaboration with Defence Intelligence Agency operatives and local vigilantes, have arrested a suspected gunrunner in Ardo-Kola Local Government Area of Taraba State.
Security sources said the arrest was made at about 7:45 a.m. on May 13 during an intelligence-led operation at Iware community in the area.
The suspect was reportedly apprehended following credible intelligence linking him to arms trafficking activities within the Amaseyo general area.
Preliminary interrogation revealed that the suspect was allegedly involved in illegal arms dealing, prompting his immediate arrest by the joint security team.
The suspect is currently in custody and undergoing further investigation, while security agencies say efforts are ongoing to dismantle arms trafficking networks operating within the state and surrounding areas.
Troops Arrest Suspected Gunrunner in Taraba State
Troops Rescue Kidnap Victim During Patrol in Kogi
By: Zagazola Makama
Troops of the Nigerian Army under Operation MESA have rescued a kidnap victim abandoned by suspected terrorists along the Obajana–Jakura–Tajimi axis in Lokoja Local Government Area of Kogi State.
Security sources said the rescue operation was carried out at about 9:00 a.m. on May 13 by troops of 12 Brigade during a fighting patrol along the old Obajana–Jakura–Tajimi road.
According to the report, the troops discovered the victim after suspected kidnappers abandoned him while fleeing from the advancing security personnel.
The rescued victim was subsequently reunited with his family after the operation.
Security patrols and clearance operations have continued along the route and adjoining communities as part of ongoing efforts to combat kidnapping and other criminal activities in the area.
Troops Neutralise Terrorist During Operation Savannah Shield in Niger State
By: Zagazola Makama
Troops of the Nigerian Army under Operation Savannah Shield have neutralised a suspected terrorist during an offensive operation in Borgu Local Government Area of Niger State.
Security sources said the operation was conducted at about 2:45 p.m. on May 13 by troops of 221 Battalion alongside personnel of CSIB XVI deployed at the Forward Operating Base (FOB) Babanna.
The troops reportedly carried out the offensive raid on Masaka Village following intelligence on terrorist activities within the area.
During the operation, the troops made contact with the suspected terrorists, leading to an exchange of fire.
According to the report, one of the fleeing terrorists accidentally triggered an Improvised Explosive Device (IED), which detonated and resulted in his death.
Troops subsequently recovered one magazine loaded with 12 rounds of 7.62mm special ammunition from the scene.
Security forces have continued exploitation and clearance operations in the area aimed at dismantling terrorist hideouts and preventing further attacks within the operational environment.
Troops Neutralise Terrorist During Operation Savannah Shield in Niger State
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