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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 Rescue Kidnap Victim in Edo During Search Operation
By: Zagazola Makama
Troops of Operation MESA, in collaboration with the Nigeria Police, local vigilantes and hunters, have rescued a kidnapped civilian in Esan North-East Local Government Area of Edo State.
Security sources said the troops, deployed at Forward Operating Base (FOB) Udomi, responded to credible intelligence at about 9:00 a.m. on April 21 regarding the abduction of a civilian in the Amendokhian general area.
The troops immediately launched a search-and-rescue operation and successfully secured the release of the victim.
The victim has since been reunited with family members, while efforts are ongoing to track down and apprehend the perpetrators.
Troops Rescue Kidnap Victim in Edo During Search Operation
Troops Rescue Kidnap Victim in Benue
By: Zagazola Makama
Troops of Sector 1, Operation WHIRL STROKE (OPWS), have rescued a kidnapped victim following a swift response to a suspected terrorist attack in Katsina-Ala Local Government Area of Benue State.
Security sources disclosed that the troops, deployed at Abaji, acted on a report at about 1:45 p.m. on April 21 regarding an attack at Tumataa community.
On arrival, the troops engaged the suspected terrorists in a gun duel, forcing them to abandon the victim and flee the scene.
The victim was successfully rescued and has since been reunited with family members.
The sources added that troops are sustaining operations in the area to track down the fleeing suspects and prevent further attacks.
Troops Rescue Kidnap Victim in Benue
Troops Arrest Illegal Arms Manufacturers, Recover Weapons in Plateau
By: Zagazola Makama
Troops have arrested two suspected illegal arms manufacturers during a raid on a criminal hideout in Langtang North Local Government Area of Plateau State.
Security sources disclosed that the operation was carried out at about 5:00 p.m. on April 22 at Gwandanu Village, following credible intelligence on illicit arms production in the area.
According to the sources, the suspects were apprehended while actively engaged in the fabrication of weapons.
Items recovered during the operation include two AK-47 rifles, one G3 rifle, two generating sets, a welding machine, a drilling machine, a hand filer and a toolbox, among other items.
The suspects are currently in military custody pending further investigation.
The sources added that troops have intensified efforts to mop up illegally fabricated arms in the general area as part of ongoing operations to curb criminal activities and enhance security in the state.
Troops Arrest Illegal Arms Manufacturers, Recover Weapons in Plateau
Troops Repel Multiple Terrorist Attacks, Rescue 15 Kidnap Victims in Borno
Troops Rescue Kidnap Victim in Edo During Search Operation
Troops Rescue Kidnap Victim in Benue
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