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Republic of Togo Violates the Right to Fair Trial of a former ASKY Airlines Pilot, ECOWAS Court Rules

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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 Fadia’s license to fly as captain was withdrawn, and he was required to resume further tutelage as a “Pilot in Command under Supervision” (PICUS).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

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FACT CHECK UPDATE: Civilians Affected in Silame Airstrikes Contrary to Initial Reports

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FACT CHECK UPDATE: Civilians Affected in Silame Airstrikes Contrary to Initial Reports

By Zagazola Makama

Zagazola has revisited its earlier report concerning the airstrikes carried out in Gidan Sama and Rumtuwa, two communities in Silame Local Government Area of Sokoto State, and can now confirm that some civilians were impacted during the operation.

Initial reports from security authorities stated that the airstrikes targeted only hideouts of the Lakurawa terrorist group and did not affect civilians. These accounts, which were based on intelligence and reconnaissance data, highlighted that the targeted locations had been abandoned by their original inhabitants and repurposed as bandit enclaves.

However, further investigations and corroborating video evidence have revealed that the strikes did, unfortunately, affect some civilians in the area. This new information contradicts the earlier narrative provided by authorities and highlights the complexities of operations in areas with mixed civilian and bandit presence.

Zagazola stands firmly for objective journalism and transparency. While we initially reported based on the information available at the time, we have uncovered new facts through additional investigations,” we can clarified.

As events continue to unfold, Zagazola remains dedicated to reporting the truth and ensuring the public is accurately informed.
@DefenceInfoNG
@HQNigerianArmy
@NigAirForce

FACT CHECK UPDATE: Civilians Affected in Silame Airstrikes Contrary to Initial Reports

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COAS SALUTES THE SACRIFICES OF FRONTLINE TROOPS AT CHRISTMAS, PLEDGES IMPROVED WELFARE

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COAS SALUTES THE SACRIFICES OF FRONTLINE TROOPS AT CHRISTMAS, PLEDGES IMPROVED WELFARE

By: Our Reporter

The Chief of Army Staff (COAS), Lieutenant General Olufemi Oluyede has commended troops of the Joint Task Force Operation HADIN KAI, for their gallantry, sacrifice and dedication to duty. The COAS made the commendation during the Christmas luncheon organised for troops in Maiduguri.

Addressing the troops, the COAS noted that the luncheon, which is usually held during major festive seasons, helps to bring troops together in a celebratory atmosphere to appreciate their sacrifices and commitment to duty. He further remarked that the event enables the Army to give troops in the frontlines a semblance of what it would have been if they were back home with their families.

The Army Chief appreciated the troops for their significant contributions in the collective effort to defeat terror networks and other violent extremist groups that seek to undermine the unity, peace, and security of the nation.

General Oluyede charged the troops to work towards the complete defeat of the nation’s adversaries as the nation transits into the year 2025 in order to create the enabling environment for peace, socio-economic development and prosperity of the country.

In line with his Command Philosophy “To consolidate the transformation of the Nigerian Army towards bequeathing a Well-Motivated and Combat-Ready Force that can effectively discharge its constitutional responsibilities within a Joint and Multi-Agency Environment”, the COAS reiterated his commitment to consolidating all ongoing viable welfare schemes and instituting new ones to make the troops proud of their chosen profession and remain committed to duty.

He urged the troops to renew their dedication by gleaning from the lessons of the season in showing love, hope, healing, and renewed vigor. General Oluyede conveyed the commendation of President Bola Ahmed Tinubu and appreciation of Nigerians to all troops fighting in defence of the country.

In his goodwill message, the Governor of Borno State Professor Babagana Umara Zulum commended the troops for their sacrifices in ensuring peace and security in Borno State, the North East zone and the nation at large. The governor, who spoke through the Secretary to the Borno State Government, Dr Bukar Tijani, paid tribute to the troops who paid the supreme price in ensuring peace and security in Borno State. He assured of the Borno State Government’s continued support for the ongoing operations to restore peace and stability in all parts of the state.

In his welcome address, the Theatre Commander, Major General Waidi Shuaibu, remarked that the luncheon fosters camaraderie and provides the opportunity to recount collective achievements and challenges over the past year. He appreciated the COAS for visiting the frontline troops twice in three weeks, noting that it underscores his commitment to raise the morale of troops of Operation HADINKAI Kai. He assured the COAS that the troops will remain steadfast in their resolve to restore normalcy in the North East Region, adding that the troops are highly motivated and committed to achieving the overall mandate of the Joint Task Force.

Demonstrating his commitment for improved welfare of troops, the COAS performed the foundation laying ceremony for the construction of two blocks of 30 family accommodations in Maimalari Cantonment before departing Maiduguri.

COAS SALUTES THE SACRIFICES OF FRONTLINE TROOPS AT CHRISTMAS, PLEDGES IMPROVED WELFARE

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Joint Task Force North West Clarifies Reports on Jet Strike in Sokoto

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Joint Task Force North West Clarifies Reports on Jet Strike in Sokoto

By: ABUBAKAR ABDULLAHI

The Joint Task Force North West Operation Fansan Yamma has addressed recent reports concerning a military fighter jet allegedly bombing civilian structures in the Silame Local Government Area of Sokoto State. These reports have raised concerns; however, it is crucial to clarify that all military operations are conducted based on thorough intelligence and reconnaissance missions. This rigorous process is particularly important when targeting groups like the Lakurawa terrorist organization, as it aims to ensure precision and protect civilian lives.

Given the serious nature of these operations, the public is urged to rely on confirmed information to prevent misinformation and unnecessary panic. There is a significant risk that terrorist groups may attempt to undermine military successes through media disinformation, necessitating caution concerning unverified claims, especially in the ongoing fight against terrorism and banditry.

Importantly, the targets struck in the vicinity of Gidan Sama and Rumtuwa have been positively identified as associated with the Lakurawa group, reinforcing the justification for the military action taken.

Joint Task Force North West Clarifies Reports on Jet Strike in Sokoto

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