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ECOWAS Court rules unlawful, the dismissal of a staff of ECOWAS Commission, Mr. Momodu Khalipha Cham

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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

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Zamfara: Troops neutralise terrorist, recover arms in Shinkafi LGA

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Zamfara: Troops neutralise terrorist, recover arms in Shinkafi LGA

By Zagazola Makama

Troops of the 1 Brigade of the Nigerian Army operating under Operation FANSAN YANMA have neutralised a suspected terrorist and recovered arms during an offensive operation in Shinkafi LGA.

Security sources told Zagazola Makama that the operation was carried out on March 13 by troops of CT 5, who launched a deliberate clearance mission targeting terrorist camps located at Tubali and Zangon Danmaka.

The sources said the operation followed credible intelligence on the presence of armed bandits and other criminal elements using the locations as operational hideouts.

During the operation at Tubali, troops made contact with the suspected terrorists and engaged them in a brief gun battle, forcing the criminals to flee into nearby forested areas.

“During the engagement, one terrorist was neutralised, while others escaped with possible gunshot wounds,” the source said.

Following the encounter, troops conducted exploitation of the area and recovered one AK-47 rifle, a magazine containing two rounds of 7.62mm special ammunition, and a motorcycle believed to belong to the fleeing terrorists.

The recovered items were secured by the troops while further search operations were carried out around the camp to ensure that no other threats remained in the vicinity.

The sources added that when troops advanced to Zangon Danmaka, no contact was made with terrorists as the suspects were believed to have fled the area ahead of the troop arrival.

However, troops maintained dominance in the general area while conducting further patrols and surveillance operations aimed at preventing the terrorists from regrouping.

Zamfara: Troops neutralise terrorist, recover arms in Shinkafi LGA

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Troops arrest suspected ISWAP spy in Kanama, Yobe

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Troops arrest suspected ISWAP spy in Kanama, Yobe

By Zagazola Makama

Troops of 159 Battalion in collaboration with members of the Civilian Joint Task Force have arrested a suspected spy linked to terrorists operating in the North-East in Kanamma Yobe state.

Security sources told Zagazola Makama that the suspect, identified as Malam Fantami, a native of Dikwa was apprehended during a security operation by troops deployed in the area.

The sources said the suspect was intercepted following credible intelligence indicating that he might be working as an informant for terrorists affiliated with the ISWAP.

According to the sources, items recovered from the suspect at the time of his arrest included a mobile phone, a smart watch, prayer beads, a motorcycle key, and a cash sum of ₦7,000.

Preliminary examination of the suspect’s mobile phone by security personnel reportedly revealed several suspicious materials, including photographs of motorcycles, large sums of cash, AK-47 rifles and other items believed to be linked to terrorist activities.

“The discovery of these materials has raised serious suspicion about the suspect’s role as a possible logistics informant or intelligence asset for insurgent elements operating in the region,” the source said.

The suspect is currently in military custody, where he is undergoing further interrogation to determine the extent of his involvement with terrorist networks and to identify possible collaborators.

The military high command said the arrest forms part of ongoing counter-terrorism efforts by troops in the North-East aimed at dismantling the intelligence and logistics networks that support insurgent operations.

Kanama, located in Yunusari Local Government Area of Yobe State near the border with Niger Republic, has remained an important corridor frequently exploited by insurgent groups for movement and supply activities.

Troops arrest suspected ISWAP spy in Kanama, Yobe

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Troops repel ISWAP attack in Bita, Borno

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Troops repel ISWAP attack in Bita, Borno

By: Zagazola Makama

Troops of Operation HADIN KAI successfully repelled an attack by terrorists suspected to be members of ISWAP in Bita area of Borno state following a fierce overnight encounter.

Security sources said the attack began at about 1:09 a.m. on Saturday, when the insurgents launched a coordinated assault on troops of the 26 Task Force Brigade deployed in the Bita axis.

According to the sources, the terrorists attempted to overwhelm the troops’ position but were met with stiff resistance from the soldiers who engaged them in a sustained gun battle.

“In a decisive and coordinated operation, gallant troops of Operation Hadin Kai launched a simultaneous land and air assault on terrorist positions in Bita in the early hours of today,” the source said.

The coordinated response involved ground troops engaging the insurgents while aerial support conducted precision strikes and surveillance over the battlefield, forcing the attackers to retreat.

The intense engagement compelled the terrorists to withdraw towards their enclaves after suffering heavy pressure from the combined land and air assault.

Following the withdrawal of the insurgents, troops immediately commenced exploitation operations to pursue fleeing elements of the terrorist group and prevent them from regrouping.

Troops repel ISWAP attack in Bita, Borno

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