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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
News
Reverend Dachomo insist “I was a notorious criminal in this village, a drug cartel… but I found Jesus”
Reverend Dachomo insist “I was a notorious criminal in this village, a drug cartel… but I found Jesus”
By: Zagazola Makama
Rev. Ezekiel Dachomo, has again recounted his past life of crime and subsequent spiritual transformation, attributing his change to his Christian faith.
Dachomo made the disclosure during a religious gathering, where he shared his personal testimony of repentance and renewal.
“I was a notorious criminal in this village, a drug cartel in this village, a wanderer in this village. That is my testimony,” he said.
The pastor also claimed involvement in criminal activities in his earlier years.
“When I say 1980, it is our gang that robbed a bank, and the person that led that operation is my best friend,” he said.
He explained that his life took a new direction after he embrace Jesus during the robbery.
“When I submitted myself to Jesus, who is my Saviour, I allowed Him to control my life, and Jesus forgave my sin. I am a new person in Christ Jesus,” he said.
However, Dachomo has come under relentless attacks with many asking the authorities to investigate his confession and prosecuting him for his past criminality.
They accused him of infighting fire in the already existing crises between farmers and herders in the state especially when he was openly heard asking the youths to go to WAR.
Reverend Dachomo insist “I was a notorious criminal in this village, a drug cartel… but I found Jesus”
Troops foil cattle rustling, recover 84 livestock in Kaduna
By: Zagazola Makama
Troops of Operation Hadin Kai have foiled a cattle rustling attempt and recovered 84 livestock in Igabi Local Government Area of Kaduna State.
A military source said the operation was carried out by troops of 4 Division Demonstration Battalion deployed at the Forward Operating Base (FOB) Dumbi.
The source disclosed that the troops responded at about 5:30 a.m. on March 27 to credible intelligence on cattle rustling activities at Pan Daudu settlement.
“Following the information, troops swiftly mobilised and laid ambush at a suspected crossing point between Lamban Zango and Monday Market in Igabi Local Government Area,” the source said.
He added that the suspected rustlers, on approaching the ambush site, abandoned the livestock and fled the scene.
“The terrorists, upon sighting the troops’ position, fled in disarray, abandoning 84 rustled livestock,” he said.
According to him, the recovered animals were subsequently handed over to their rightful owners.
Troops foil cattle rustling, recover 84 livestock in Kaduna
Troops arrest 14 suspects in cordon-and-search operation in Borno
By: Zagazola Makama
Troops of Sector 1, Operation Hadin Kai, have arrested 14 suspects during a cordon-and-search operation in Bama Local Government Area of Borno.
Sources said the operation, conducted by troops of 21 Special Armoured Brigade, followed credible intelligence on the activities of a suspected terrorist and kidnapper identified as Baba Ali.
The sources disclosed that the operation took place at about 2:20 p.m. on March 25 at Ngurosoye village, where the suspect was being tracked through intercepted communications.
During the operation, troops apprehended 14 suspects at the location where the tracked calls were received.
Two bags of fertiliser, suspected to be for illicit use, were also recovered from the scene.
The suspects are currently in military custody for further investigation and necessary action.
Troops arrest 14 suspects in cordon-and-search operation in Borno
Reverend Dachomo insist “I was a notorious criminal in this village, a drug cartel… but I found Jesus”
Troops foil cattle rustling, recover 84 livestock in Kaduna
Troops arrest 14 suspects in cordon-and-search operation in Borno
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