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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 three abducted victims, recover ammunition in Borno
By: Zagazola Makama
Troops of Operation Hadin Kai have rescued three abducted civilians and recovered ammunition during an operation in Bama Local Government Area of Borno State.
Security sources said the operation was carried out at about 10:00 a.m. on March 30 by troops of 202 Battalion in collaboration with volunteer forces at BOCOBS.
According to the sources, the troops responded to credible intelligence indicating that suspected members of the Islamic State West Africa Province and Boko Haram had abducted three locals in the area.
The sources said the troops made contact with the insurgents and successfully rescued all three victims during the operation.
Items recovered from the scene include one AK-47 rifle magazine loaded with 30 rounds of 7.62mm special ammunition.
The sources added that the rescued victims are safe, while troops have continued to dominate the general area to prevent further incidents.
They said the operation is part of sustained efforts to protect civilians and dismantle terrorist activities across the North-East theatre.
Troops rescue three abducted victims, recover ammunition in Borno
Troops repel terrorist attack in Yobe
By: Zagazola Makama
Troops of Operation Hadin Kai have repelled an attack by suspected members of the Islamic State West Africa Province and Boko Haram on a Forward Operating Base in Yunusari Local Government Area of Yobe State.
Security sources said the incident occurred at about 10:05 p.m. on March 30 at Forward Operating Base Bukarti.
According to the sources, the terrorists launched an attack on the troops’ position, prompting a fierce engagement during which the troops successfully repelled the assailants.
During the encounter, one soldier sustained injuries and has since been stabilised and is responding to treatment.
The sources added that the attackers carted away a gun truck mounted with a QJC gun, a Civilian Joint Task Force vehicle, two motorcycles, a PKT machine gun and a Baofeng radio.
They said troops have continued to maintain operational presence in the area, while efforts are ongoing to recover the stolen equipment and further degrade the capabilities of the insurgents.
Troops repel terrorist attack in Yobe
CJTF member accidentally shot by colleague in Borno
By: Zagazola Makama
A member of the Civilian Joint Task Force (CJTF) has been injured in an accidental shooting incident in Biu Local Government Area of Borno State.
Security sources said the incident occurred at about 3:50 a.m. on March 31 at the location of 162 Amphibious Battalion in Mandara-Girau.
According to the sources, the CJTF member was on duty when he was mistakenly shot in the left leg by a colleague.
The victim was immediately evacuated to the battalion’s medical facility, where he is currently receiving treatment.
Sources said the injured personnel are responding to treatment, while further details surrounding the incident are being awaited.
CJTF member accidentally shot by colleague in Borno
Troops arrest two suspected terrorist collaborators in Pulka
Troops rescue three abducted victims, recover ammunition in Borno
Troops repel terrorist attack in Yobe
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