News
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 Fadia’s license to fly as captain was withdrawn, and he was required to resume further tutelage as a “Pilot in Command under Supervision” (PICUS).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
Troops repel kidnapping attempt on Makurdi–Kura road, driver killed in crossfire
By: Zagazola Makama
Troops have repelled an attempted kidnapping along the Makurdi–Kura road in Benue State, but a driver was killed during a crossfire between soldiers and suspected bandits on Wednesday evening.
Zagazola gathered that the incident occurred at about 6:30 p.m. when a group of engineers travelling from Kura to Makurdi encountered armed men who had blocked the road, intending to abduct passengers in a bus ahead of them.
According to a local source, soldiers on routine patrol were behind the engineers’ vehicle and immediately engaged the attackers in a gun duel, forcing the assailants to flee into the bush.
During the exchange of fire, Ochoche Otokolo Ekwu, the driver of the engineers’ vehicle, was hit by a stray bullet and died on the spot.
The source said the Divisional Police Officer of ‘D’ Division mobilised a patrol team alongside tactical units to the scene, where the corpse was evacuated and deposited at a mortuary in Makurdi.
The source added that security operatives are currently combing nearby bushes to track the fleeing suspects and prevent further attacks along the route.
Troops repel kidnapping attempt on Makurdi–Kura road, driver killed in crossfire
Police Officer goes missing after signing out rifle in Katsina
By: Zagazola Makama
A police officer has been declared missing in Katsina State after signing out a service rifle for duty and disappearing without a trace.
Zagazola gathered that the incident occurred on Nov. 23 when PC Ahmed Tukur attached to the Danmusa Division, reported for duty at about 6 p.m. and signed out an AK-47 rifle with breech number 13492 for standby duty.
Shortly after collecting the weapon, the officer left the station for an unknown location and has not been seen since.
A source told Zagazola that all efforts to contact him, including visits to his residence and reaching out to relatives, have yielded no clues about his whereabouts.
The source said the command has launched sustained efforts to trace the officer and recover the missing rifle, describing the situation as “a serious operational and security concern.”
Police Officer goes missing after signing out rifle in Katsina
News
Community leaders’ engagement and intelligence gathering are key to the security situation. – Governor Bini
Community leaders’ engagement and intelligence gathering are key to the security situation. – Governor Bini
By: Yahaya Wakili
Yobe State Governor Hon. Dr. Mai Mala Buni CON has said that the security challenges in the nation need to involve community leaders and individuals for intelligence gathering so as to cut off sources of illegal arms supply in the country.
He said by involving the community leaders and individuals for intelligence gathering, it will arrest the sponsors in order to restore peace and stability to Nigerians.
Governor Buni disclosed this today when he received members of the forest guards training and evaluation committee at the Government House, Damaturu.
Ably represented by his Deputy, Hon. Idi Barde Gubana (Wazirin Fune). He urged Nigerians to emulate the sacrifices made by our forefathers to end security challenges and build a better Nigeria.
The governor assured that recently the service chiefs have given assurance that they will do everything possible within their reach to bring to an end the current insecurity, especially in Northern Nigeria.
He informed the delegation that the Yobe state government has been working tirelessly to improve the security situation in the state.
Speaking earlier, the leader of the delegation, Major General H. I. Mabeokwu, told the governor that they were in Yobe State to brief the governor on the ongoing training of 865 forest guards in the state.
According to Major General Mabeokwu, the committee had earlier visited the Yobe state camp to monitor the ongoing training and inquired about the needs of the trainees and the standards set for the training.
“Your Excellency, we have made significant strides in not only training those forest guards but also raising their awareness about the importance of forest conservation.” Major General Mabeokwu said.
He commended the governor for his generosity in terms of welfare for the instructors and trainees as well as relocation and renovation of the training camp and facilities used to enhance the training.
The committee members comprise the Nigerian Army, Navy, DSS, NNSBS, and NPS across the security agencies.
Community leaders’ engagement and intelligence gathering are key to the security situation. – Governor Bini
Troops repel kidnapping attempt on Makurdi–Kura road, driver killed in crossfire
Police Officer goes missing after signing out rifle in Katsina
Community leaders’ engagement and intelligence gathering are key to the security situation. – Governor Bini
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