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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 Fadia’s license to fly as captain was withdrawn, and he was required to resume further tutelage as a “Pilot in Command under Supervision” (PICUS).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
Zulum announces N1 Billion support to UMTH for Kidney Transplant

Zulum announces N1 Billion support to UMTH for Kidney Transplant
By: Our Reporter
Borno State Governor, Professor Babagana Umara Zulum, has announced a N1 billion financial support package for the University of Maiduguri Teaching Hospital (UMTH) to facilitate kidney transplants for underprivileged patients from the state.
Demonstrating immediate commitment, Governor Zulum authorised an initial deposit of N250 million to cover transplants for 50 indigent patients.
The governor made the announcement during the 110th General Meeting of the Committee of Chief Medical Directors and Medical Directors of Federal Tertiary Institutions in Nigeria, alongside the commissioning of the epoch-making projects at UMTH.
He confirmed that the remaining N750 million would be disbursed in three instalments.
“I am pleased to announce that Borno State government will deposit the sum of N250 million to support kidney transplant of 50 patients. I am ready to contribute N1 billion as government’s contribution towards supporting the less privileged indigenes of the State ,” Zulum stated.
“The Borno State government therefore pledges to support this initiative and is ready to provide all the partnership required to sustain the provision of kidney transplant to less privileged patients at UMTH. This is only the beginning—I promise to do even more,” he added.
Governor Zulum commended UMTH for its strides in specialised healthcare, particularly its recent successful kidney transplants.
“I was told both the patients and donors are doing very well. Indeed this is a landmark achievement and a great relieve to patients most importantly to those who cannot afford the cost of transplant,” he remarked.
Speaking on the State Emergency Medical and Ambulance Services (SEMAS), the governor confirmed that ten new fully equipped ambulances would be deployed across health facilities by the week’s end. This, he stressed, would bolster the Maternal and Newborn Mortality Reduction Innovation Initiative.
“As a Government, we pledge our full support for the sustenance and scale-up of the Maternal and Newborns Mortality Reduction Innovation Initiative programme. We view it not as a standalone initiative, but as a critical complement to our broader health reform agenda,”.
“We are committed to ensuring that Maternal and Newborn Mortality Reduction Innovation Initiative succeeds in providing comprehensive antenatal care, emergency obstetric services, skilled birth attendance, postnatal follow-up and routine immunisation to protect our children from preventable diseases,” he stressed.
Minister of Health and Social Welfare, Professor Mohammed Ali Pate, lauded Governor Zulum for fostering collaboration between state and federal governments to deliver equitable, affordable healthcare.
“Governor Zulum exemplifies teamwork by working closely with the federal government to enhance healthcare quality and accessibility in Borno,” Pate said.
Chief Medical Director, University of Maiduguri Teaching Hospital, Professor Ahmed Ahidjo acknowledged the state’s N500 million intervention following the 2024 floods, had helped to restore critical services, including the renovation of Trauma and Kidney Centres, procurement of medical consumables and the reactivation of oxygen plant.
The event was attended by dignitaries including Minister of Health and Social Services Prof. Mohammed Ali Pate, National Assembly members, Ambassador Babagana Kingibe (GCON), the Shehu of Borno, Alhaji Dr. Abubakar Ibn Umar Garbai El-Kanemi, Head of Civil Service of the Federation, Dr. Esther Didi Walson-Jack, former deputy governor, Hon. Usman Mamman Ndurkwa and over 70 Chief Medical Directors and Medical Directors.
Zulum announces N1 Billion support to UMTH for Kidney Transplant
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Troops neutralise three terrorists in ambush operations in Borno

Troops neutralise three terrorists in ambush operations in Borno
By: Zagazola Makama
Troops of the Joint Task Force (North East) Operation Hadin Kai have neutralised three terrorists and intercepted logistics supplies during coordinated ambush operations in Konduga Local Government Area of Borno State.
Security sources told Zagazola Makama on Tuesday that the operations were conducted by under Operation Desert Sanity IV.
The sources said that the first ambush occurred late on July 28 at Kawuri general area, where troops lying in wait intercepted terrorists transporting logistics. On sighting the ambush team, a firefight ensued, resulting in the neutralisation of two terrorists, while others escaped with possible gunshot wounds.
Items recovered included packs of salt, Maggi seasoning, detergents, wrappers, brassieres, hijabs, shoes, a solar panel, torchlight batteries, and packs of SIM cards.
The troops returned safely to base early on July 29.
In a separate incident around midnight on the same day, troops on patrol observed suspicious movement ahead of their location in Konduga.
An alert was sent to an ambush team already in position, which swiftly engaged the terrorists at a different axis of the local government area. One terrorist was neutralised, while others fled.
The troops recovered items from both operations and returned to base without casualties.
Troops neutralise three terrorists in ambush operations in Borno
News
Troops neutralise two terrorists in Borno, recover weapons

Troops neutralise two terrorists in Borno, recover weapons
By: Zagazola Makama
Troops of the Nigerian Army’s Operation Hadin Kai have neutralised two ISWAP terrorists during a fighting patrol in Aligambari village, near Gajiram in Borno State.
A reliable source told Zagazola Makama on Tuesday that the troops, acting on credible intelligence, launched a swift operation in the area at about 1:00 p.m. on Monday.
According to the source, the troops made contact with the terrorists and engaged them with superior firepower, killing two of them in the process.
He said that the soldiers also recovered one AK-47 rifle, one PKT machine gun and two magazines from the scene.
“The troops are currently dominating the area of responsibility with aggressive patrols to deny the terrorists any freedom of movement.
“All captured items are in the custody of the troops, and further instructions are being awaited from higher headquarters,” the source added.
Troops neutralise two terrorists in Borno, recover weapons
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