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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 Foil Kidnapping Attempt, Rescue Injured Victim in Kaduna
By: Zagazola Makama
Troops of Sector 7, Sub-Sector 71 of Operation Enduring Peace have foiled a kidnapping attempt along a highway in Sanga Local Government Area of Kaduna State.
Security sources told Zagazola that the incident occurred at about 12:15 a.m. on May 21 when troops deployed at Ungwan Gora checkpoint responded to distress information on suspected kidnappers operating along the road at Ungwan Dariya village.
The troops reportedly moved swiftly to the location, forcing the suspected kidnappers to abandon their mission and flee into surrounding areas.
During the operation, one victim was rescued with injuries sustained during the attack.
The victim was immediately evacuated to Confidence Hospital, Fadan Karshi, for medical treatment.
Security sources said efforts were ongoing to track and apprehend the fleeing suspects, while patrols had been intensified along the axis to prevent further incidents.
Troops Foil Kidnapping Attempt, Rescue Injured Victim in Kaduna
Suspected Kidnap Collaborator Dies in Custody After Arrest in Nasarawa
By: Zagazola Makama
A suspected collaborator of kidnappers has died after becoming unconscious while in military custody in Nasarawa State.
Security sources said troops of Sector 2 under Operation Whirl Stroke (OPWS) intercepted the suspect at about 7:00 a.m. on May 19 at Ancha community in Akwanga Local Government Area.
The suspect was reportedly apprehended at Anguwan Makama following allegations of involvement in activities linked to kidnapping operations in the area.
During preliminary interrogation, the suspect reportedly became unconscious.
He was immediately evacuated to Nunku Primary Health Care Centre for medical attention, where he was confirmed dead by health officials.
Sources added that the remains of the deceased were released to his family for burial in accordance with local customs.
Security authorities said further assessment would continue in line with standard procedures, while operations against kidnapping networks in the area remain ongoing.
Suspected Kidnap Collaborator Dies in Custody After Arrest in Nasarawa
U.S. AFRICOM Delegation Visits Maiduguri, Reaffirms Counterterrorism Cooperation
By: Zagazola Makama
A delegation from the United States Africa Command (AFRICOM) has visited the Headquarters Joint Task Force North East Operation Hadin Kai in Maiduguri to strengthen ongoing counterterrorism cooperation in the Lake Chad region.
Security sources said the delegation, led by the Deputy Director of Operations/Cyber, Rear Admiral Cameron Chen, arrived at Maimalari Cantonment on May 20, where they were received by the Deputy Theatre Commander, Air Vice Marshal O.F. Akinboyewa.
The visit featured a detailed briefing on the current threat assessment in the North-East and ongoing counterterrorism and counter-insurgency operations across the theatre of operations.
Discussions during the engagement focused on enhancing intelligence sharing, intelligence surveillance and reconnaissance (ISR) support, logistics interdiction, and improved operational coordination within the Lake Chad basin.
The delegation also reviewed ongoing multinational efforts aimed at degrading terrorist capabilities and disrupting logistics networks across the region.
Security sources said both sides reaffirmed their commitment to continued collaboration under counterterrorism and counter-insurgency frameworks, including preparations for Operation Lake Sanity III.
The visit was described as successful and conducted without incident.
Authorities noted that international cooperation remains a key component in sustaining pressure on terrorist groups operating in the North-East.
U.S. AFRICOM Delegation Visits Maiduguri, Reaffirms Counterterrorism Cooperation
Troops Foil Protest Over Election Result Dispute in Kaduna
Troops Rescue Suspect from Mob Action Over Alleged Attempted Rape in Plateau
Troops Foil Kidnapping Attempt, Rescue Injured Victim in Kaduna
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