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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
11 kidnapped Benue Links passengers rescued in Okpokwu
By: Zagazola Makama
Eleven passengers abducted from a Benue Links commercial bus have been safely rescued in a forest near Ondo village in Okpokwu Local Government Area of Benue State.
Zagazola Makama recalls that the passengers were kidnapped on June 22 while travelling along the Otukpo–Enugu highway in a Benue Links Hummer bus.
Security sources reliably confirmed that the victims were freed on June 29 following sustained search operations by the security forced supported by local vigilance groups and the Benue State Civil Protection Guard.
Credible intelligence reportedly indicated that the kidnappers were moving the captives through a bush path around Ondo village in Ugbokolo. In response, the rescue teams swiftly mobilised and launched a coordinated search operation in the area.
After several hours of intense combing of the forest, the victims were found alive and safely evacuated to Ugbokolo town, where they were provided immediate care.
The rescued individuals were identified as Bam Joseph, Doom Terhile, Uju Mercy, Ashika Linda, Atule Ladi, Undia Iveren, Terfa Kwshdoo, Akume Hembadoon, Ikpeen Msendoo, Mlumun Hurt, and Philip Igbuan.
One of the victims, Philip Igbuan, suffered a deep machete wound to the head inflicted by the kidnappers and was immediately taken to the General Hospital in Ugbokolo for medical treatment.
The freed passengers have since been debriefed by the Police and Benue Links has arranged transportation to help them reach their original destinations and reunite with their families.
According to accounts from the victims, their abductors were heavily armed and are suspected to be Fulani herdsmen.
11 kidnapped Benue Links passengers rescued in Okpokwu
Four police officers killed in ambush by suspected herdsmen in Benue
By: Zagazola Makama
Atleast four mobile police officers attached to the 12 Police Mobile Force (PMF) unit were killed following an ambush by suspected armed herdsmen in Udei village, Guma Local Government Area.
Intelligence sources told Zagazola Makama that the officers were on special duty when they came under heavy fire on June 29 while responding to a distress call.
The sources said that the officers were alerted around 2:00 p.m. that a large group of armed men, suspected to be Fulani herdsmen, were advancing toward Udei village with a herd of cattle.
“The attackers had approached the vicinity of the primary school in Udei, which serves as a base for the deployed PMF 12 personnel. As the officers moved to intercept them, they were ambushed and attacked with heavy gunfire,” the report stated.
Four officers tragically lost their lives in the attack, and their service weapons were reportedly carted away by the assailants. The deceased officers were identified as: Insp. Samuel Bisalla, Insp. Emmanuel Bitrus, Insp. John Sunday and Insp. Kenneth Gabriel
Two other personnel, ASP Jacob Elisha and Insp. Zakari Bangajiya sustained injuries and was rushed to Benue State University Teaching Hospital, Makurdi, for medical attention. They are said to be responding to treatment after suffering from exhaustion and shock.
The corpses of the fallen officers have been deposited at the hospital morgue for preservation and medical examination.
In response to the attack, special tactical units and a reinforced team equipped with an Armoured Personnel Carrier (APC) have been deployed to Udei and the Daudu Divisional Headquarters to forestall further incidents and restore calm in the area.
Four police officers killed in ambush by suspected herdsmen in Benue
Breaking: Squatters Kill Famous KADVIS Local Commander in Kaduna
By Zagazola Makama
Squatters of a grazing forest by a large community of herders in Kaduna State on Sunday afternoon killed one of the Commanders of Kaduna State Vigilance Service (KADVIS).
Sources told Zagazola Makama that the incident occurred in Yardoka Grazing Reserve in Kubau Local Government Area, located in Northern Kaduna Senatorial District.
The slain Commander, identified as Saleh Shuaibu, popularly known as Saleh Fiya-Fiya, who is the KADVIS Commander in Kubau Local Government, was killed when officials of the Kaduna State Government visited the area to carry out a government directive in a grazing reserve located at the said Yardoka forest.
The directive, according to a source in Anchau, the headquarters of the local council, was to allocate over 200 hectares of land to a certain company for investment purposes, a move the squatters are resisting due to lack of payment of compensation, while another source said the squatters have been paid but are still demanding more money.
Another source explained that the government officials arrived in the company of armed policemen along with personnel of the Department of State Services but were barricaded from accessing the reserve.
It was while the impasse was going on that the slain KADVIS alighted from a van and was intervening with the irate community members armed with cutlasses and sticks, while one of the protesters stabbed him with a knife and killed him on the spot. A claim Zagazola Makama is yet to confirm.
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