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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 two kidnapped victims in Benue
By: Zagazola Makama
Troops of Sector 1 under Operation Whirl Stroke (OPWS) have rescued two kidnapped victims in Ukum Local Government Area of Benue State.
Security sources said the incident occurred at about 3:50 a.m. on April 15 when troops deployed at Kyado responded to a distress call on kidnapping activities in the area.
According to the sources, the troops swiftly moved to the scene, prompting the kidnappers to abandon their victims and flee.
The sources added that the troops successfully rescued the two victims and reunited them with their families.
Security operations have been intensified in the area to track down the fleeing suspects and prevent further incidents.
Troops rescue two kidnapped victims in Benue
Troops arrest bandit kingpin’s Deputy, wife in Gombe following intelligence operation
By: Zagazola Makama
Troops have arrested the second-in-command to a notorious bandit kingpin, Kachalla Auta, alongside his wife in Gombe State following an intelligence-led tracking operation across multiple locations.
Sources said the suspects, identified as Bala, popularly known as “Pakapaka,” and his wife, Zulaha Bala, were intercepted after fleeing from Dajin Madam Forest in Plateau State.
According to the sources, the arrests were the result of sustained intelligence surveillance and coordinated ground tracking by security operatives targeting fleeing members of the criminal network.
The suspects are currently in custody and undergoing interrogation to determine their level of involvement in the group’s activities and possible connections with other cells operating within and outside the region.
In a related development, troops conducted follow-up patrols around Bayar village in the Duguri axis after intelligence indicated that the main bandit kingpin had fled into the area.
However, no contact was made during the search operation.
Security sources said troops have continued to dominate the general area with sustained patrols aimed at denying criminal elements freedom of movement and disrupting their operational networks across Plateau, Taraba, and adjoining states.
Troops arrest bandit kingpin’s Deputy, wife in Gombe following intelligence operation
Troops rescue 12 kidnapped victims, arrest kingpin’s aides in Plateau–Taraba forest operations
By: Zagazola Makama
Troops conducting ongoing clearance operations under Operation Wutan Daji have rescued 12 kidnapped victims and arrested key associates of a fleeing bandit leader during coordinated offensives across forested areas linking Plateau and Taraba States.
A military source said the operations, carried out on April 15 and 16, involved troops of the 33 Artillery Brigade in conjunction with an Office of the National Security Adviser (ONSA) tactical team.
According to the source, the operations were conducted in the Dajin Madam and Kumbodoro forest axis, spanning parts of Plateau and Taraba States.
The source said the sustained offensive led to the recovery of 12 kidnapped victims who escaped from their captors during the pressure mounted by troops.
The victims were subsequently taken into custody for profiling before being moved to an Internally Displaced Persons facility in Fukuk.
Troops also recovered a Dane gun, a fabricated AK-47 rifle and a power bank during the operation.
Troops rescue 12 kidnapped victims, arrest kingpin’s aides in Plateau–Taraba forest operations
Troops rescue two kidnapped victims in Benue
Troops arrest suspected ammunition racketeer in Cross River
Troops arrest bandit kingpin’s Deputy, wife in Gombe following intelligence operation
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