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Republic of Togo Violates the Right to Fair Trial of a former ASKY Airlines Pilot, ECOWAS Court Rules
Republic of Togo Violates the Right to Fair Trial of a former ASKY Airlines Pilot, ECOWAS Court Rules
By: Michael Mike
The ECOWAS Court of Justice has held that the Republic of Togo violated Mr. Al-Hassan Dibassi Fadia’s right to a fair trial under Article 7(2) of the African Charter on Human and Peoples’ Rights 1981.
Fadia, a former pilot with ASKY Airlines, claimed that Togo violated his human rights through disciplinary measures taken against him by ANAC-Togo, the national civil aviation authority of Togo, following accusations of falsifying flight records.
In a judgment delivered by Justice Edward Amoako Asante, President of the Court and judge rapporteur in the case, the Court ordered the Republic of Togo to pay 15 million CFA francs in general damages to Fadia.
The Court also ordered Togo to reverse and expunge the disciplinary measures from its official records.
In an application filed with the ECOWAS Court in 2023, Mr. Al-Hassan Fadia, a pilot formerly employed by ASKY Airlines, said that he passed the practical test for the Airline Transport Pilot License for Aeroplanes in France in 2019 and was duly issued a French ATPL(A) pilot license, which he converted to a Guinea-Bissau ATPL(A) license. ANAC-Togo, the civil aviation authority in Togo, validated his Guinea-Bissau license for use with ASKY Airlines.
After further training, the Applicant said that he was promoted to captain with ASKY Airlines in November 2020. However, shortly afterward, ANAC-Togo accused him and two other pilots of falsifying flight records to obtain their licenses.
Following proceedings before the Disciplinary Board of ANAC-Togo, Mr. Fadia’s license to fly as captain was withdrawn, and he was required to resume further tutelage as a “Pilot in Command under Supervision” (PICUS). ASKY Airlines subsequently terminated his employment.
In his application to the Court, Fadia argued that the disciplinary measures taken against him by the Togolese civil aviation authorities violated his right to equality and equal protection of the law, his right to a fair trial, and his right to work.
In its defence, the Republic of Togo stated that during the validation of a French ATPL(A) license for ASKY pilot Mr. Aurelien Rami, ANAC-Togo found irregularities in his flight records, prompting an investigation into the files of other ASKY Airline pilots. The investigation revealed that Captain Andriamora, Chief Pilot at ASKY, conspired with Mr. Rami and Mr. Fadia to fraudulently obtain their licenses by falsifying flight logbook entries. It is for these reasons that disciplinary measures were taken against the Applicant.
The Respondent, therefore, maintained that all actions taken were lawful and urged the Court to dismiss the application as unfounded.
In its judgment, the Court found that the offences for which Fadia was tried at the Disciplinary Board and the sanctions imposed were enacted under Ministerial Order No. 033/2021/MTRAF of 29 July 2021, after he had been accused of falsifying records in his flight logbook.
The Court, therefore, concluded that the disciplinary measures violated the protection against retroactive application of laws under Article 7(2) of the African Charter.
However, the Court concluded that the link between Fadia’s dismissal by ASKY Airlines and the alleged breach of his right to work by the Republic of Togo was not convincingly established. Nor was the Applicant able to show that he had been subjected to unjustifiably selective treatment in violation of his right to equality and equal protection of the law, given that he was subjected to the same disciplinary measures as his co-accused pilots.
The panel included Hon. Justice Gberi-Bè Ouattara and Hon. Justice Sengu Mohamed Koroma.
Republic of Togo Violates the Right to Fair Trial of a former ASKY Airlines Pilot, ECOWAS Court Rules
News
Over 930, 000 persons benefit from ACReSAL Projects in Gombe
Over 930, 000 persons benefit from ACReSAL Projects in Gombe
Mr Mohammed Fawu, the Gombe State Commissioner of Water, Environment and Forest Resources, has stated that no fewer than 930,162 persons across the state have benefitted from the implementation of the World-Bank-funded Agro-Climatic Resilience in Semi-Arid Landscapes (ACReSAL) Project in the state within the past three years
Fawu stated this in Gombe on Monday while declaring open a four-day training of enumerators for ACReSAL Third Party Assessment.
Fawu stated that Gombe State has within the three years received disbursements amounting to $27.51 million for the implementation of the project which had impacted positively on the lives of residents.
He said that the projects so far implemented have contributed to combating land degradation, erosion, and climate change while improving on the lives of persons living around communities were projects were executed.
“Gombe State has advanced a wide range of landscape and community-level interventions, including: establishment of 313 hectares of woodlot plantation.
“Upgrading of Kanawa Forest into a biosphere resort and botanical garden, indigenous tree plantations and roadside shelterbelts spanning 110 kilometres.
“Canalization of Balanga Dam irrigation channels covering 6,329 hectares provision of 250 wash boreholes to support irrigation farming.
“ At the community level, we have distributed clean cook stoves to 3,000 households, provided rainwater harvesting facilities to 1,000 households and institutions, and supplied drought-tolerant seeds to 10,000 farmers.
“Solar-powered irrigation schemes, borehole drilling, and Community Revolving Fund activities are ongoing, supporting agro-processing, livestock, and farm enterprise development,” he said.
He added that ACReSAL has strengthened smart agricultural practices through the establishment a farm centre dedicated to training and research.
Fawu commended the partnership between the Gombe State government and World Bank, which he said has impacted several sectors while improving the livelihoods of residents of Gombe State.
On his part, Dr Sani Jauro, the Gombe State ACReSAL Project coordinator said that no fewer than 220 enumerators drawn from the 19 Northern States and the Federal Capital Territory were being trained.
Jauro said that the third-party assessment would ensure unbiased review of the projects so far implemented by ACReSAL from independent party.
He said the assessment was part of the procedure of ACReSAL project implementation meant to review the progress and challenges of the projects by enumerators who are not involved in the day-to-day running of ACReSAL projects.
Jauro urged the enumerators to carry out their jobs with fairness and be just in their report, adding that “the credibility of the exercise lies on your shoulder.”
On her part, the World Bank Task Team Leader, Dr. Joy Agene who was represented by Mr Joseph Abang, Operations Officer with World Bank said the assessment would unravel what has changed since the commencement of the implementation of the project.
Agene urged the enumerators to be steadfast and report accurately in line with the essence of the exercise.
Over 930, 000 persons benefit from ACReSAL Projects in Gombe
News
Police repel attack during attempt to arrest suspected bandit leader, one killed in Kano
Police repel attack during attempt to arrest suspected bandit leader, one killed in Kano
By; Zagazola Makama
The Police Command in Kano State has repelled an attack on its personnel during an operation to arrest a suspected bandit leader in Bichi Local Government Area.
Security sources told Zagazola Makama that the incident occurred at about 6:30 p.m. on March 22, following a distress call from Tudun Wulli Outpost.
According to the sources, a team of the Anti-Kidnapping Squad, led by ASP Abubakar Musa, acted on credible intelligence and trailed a suspected bandit leader identified as Muhammad, also known as “Senator” or “Kirchi,” who had reportedly visited Tudun Wulli village for Sallah celebrations.
“The suspect was sighted in possession of an AK-47 rifle, but upon attempt to apprehend him, he fled into a crowd,” the source said.
The situation escalated when a mob allegedly attacked the police team with stones and other dangerous weapons, injuring ASP Lawali Hamidu and damaging the windscreen of a patrol vehicle.
“In the process of tactical withdrawal, four persons sustained gunshot injuries and were rushed to General Hospital, Bichi, for treatment,” the source added.
One of the victims, identified as Halima Saidu, was later confirmed dead by a medical doctor, while the others are responding to treatment.
The police personnel involved in the operation were safely evacuated, and additional security deployments have been made to the area to forestall further breakdown of law and order.
The command said the situation has been brought under control, adding that investigations are ongoing, while efforts are being intensified to apprehend the fleeing suspect.
Police repel attack during attempt to arrest suspected bandit leader, one killed in Kano
News
Two suspects arrested over killing of cows in Benue
Two suspects arrested over killing of cows in Benue
By: Zagazola Makama
Security operatives have arrested two suspects over the killing of cows and recovery of suspected stolen meat in Guma LGA of Benue State.
Sources said the suspects, identified as Sylvester Kuman and Nyitor Akaangee, both of Udei Village, were arrested at about 1:00 p.m. on March 22 following credible intelligence.
Items suspected to be cow meat were recovered from the suspects during the operation.
Authorities said efforts were ongoing to track and arrest other accomplices, while investigations had commenced to determine the full circumstances surrounding the incident.
Two suspects arrested over killing of cows in Benue
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