ECOWAS Court Dismisses Discrimination Claim in Recruitment Case

ECOWAS Court Dismisses Discrimination Claim in Recruitment Case

By: Michael Mike

The ECOWAS Court of Justice on 13 May 2025 delivered its judgment in the matter of Mariame Kone-Toure v. ECOWAS Commission (Application No. ECW/CCJ/APP/32/24 ruling against the Applicant, who had challenged the fairness of the recruitment process for the position of Head of Administration and Human Resources Division (P5) at the Court. The Court dismissed the applicant’s claims of discrimination in a recruitment process as unsubstantiated.

Case Background
The Applicant, Mariame Kone-Toure, a staff member of the ECOWAS Court of Justice, challenged the recruitment process for the position of Head of Administration and Human Resources Division (P5) at the Court. Having served in an acting capacity since February 2023, she applied for the post when it was advertised in May 2023. Following the interview conducted in January 2024, Ms. Amie Savage was appointed to the position in October 2024.

Ms. Kone-Toure alleged that the selection process violated principles of fairness and non-discrimination as outlined in the ECOWAS Staff Regulations. She argued that although she was one of the top candidates, the Management Succession Committee only recommended one candidate—Ms. Savage—unlike similar recruitments in other ECOWAS institutions, where multiple top candidates were recommended.

Court Findings
On jurisdiction, the Court affirmed its competence to hear the matter under Article 9(1)(f) of the 2005 Amended Protocol. On admissibility, the Court held that the Applicant had exhausted available internal remedies by appealing to the President of the ECOWAS Commission.

On the merits, the Court examined allegations of discrimination under Article 4(1) and the principle of equitable geographical distribution under Article 9(2)(f) of the ECOWAS Staff Regulations. It found that the Applicant failed to provide sufficient, verifiable evidence of differential treatment in similar circumstances. The Court noted that while she referenced practices in other institutions, she did not present the names or scores of the candidates allegedly favored, preventing a meaningful comparative analysis.

On the claim regarding geographical distribution, the Court ruled that the principle applies only among equally qualified candidates and does not override the requirement of merit-based selection.

The Court accepted the Respondent’s argument that Ms. Savage was deemed the most qualified candidate for the position.

Court Decision
The Court dismissed all claims made by the Applicant, concluding that:
The recruitment process complied with the ECOWAS Staff Regulations.
No evidence of discrimination or procedural irregularity was established.
The Applicant’s non-selection was not a violation of her rights.

Judicial Panel
The judgment was rendered by a panel comprising:
Hon. Justice Sengu Mohamed Koroma (Presiding Judge)
Hon. Justice Dupe Atoki(Judge Rapporteur)
Hon. Justice Gberi-Bè Ouattara (Member)

ECOWAS Court Dismisses Discrimination Claim in Recruitment Case