ECOWAS Court nullifies ECOWAS Commission staff’s dismissal
The ECOWAS Court of Justice has nullified the dismissal of Mr Momodu Cham, a former staff of the Commission, saying it breached Article 69 of the ECOWAS staff regulations.
Cham had filed the suit following his dismissal from his position as a Procurement Officer with the Inter-Governmental Action Group against Money Laundering and Terrorism Financing (GIABA), a specialised ECOWAS agency.
The applicant, a community citizen residing in Banjul, Gambia, had joined the Economic Commission for West African States (ECOWAS) and its President, as first and second Respondents, respectively, in the suit challenging his sack.
Delivering judgment, Justice Dupe Atoki, the Judge Rapporteur, held that the cessation of Cham’s salary by the Commission before the exhaustion of the appeal process was arbitrary, unlawful, null, and void.
According to Justice Atoki, the action of the Commission is contrary to Article 73(b) of the ECOWAS Staff Regulations.
The Court, therefore, ordered the Respondents to pay Cham his salary arrears and other entitlements from January 2021 to June 2021, as compensation.
It further ordered the Commission to pay Mr Cham’s salaries and emoluments from July to December 2021 as compensation for the unlawful dismissal.
“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.
“The regulations are designed to ensure an Applicant’s rights are fully maintained until the Council’s final decision.
“Consequently, the summary dismissal of the Applicant by the 2nd Respondent breached Article 69 of the regulation.
“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,” Justice Atoki held.
The Court, however, declined to grant any orders for mandatory injunctions against the Commission and reinstatement of the applicant .
The Applicant had contended at the trial that he 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 Jan. 26, 2021, he was summarily dismissed, and his salaries and emoluments were withheld in violation of the ECOWAS Staff Regulations.
Cham had prayed the court to grant him several reliefs, including a declaration that his dismissal was arbitrary, null, and void.
He also sought an order setting aside his dismissal and the immediate payment of his salary arrears and other entitlements from January 2021.
The applicant had also prayed for his reinstatement to his position as a Procurement Officer and compensation for costs incurred in prosecuting the suit.
The Respondents, in their defense, had however, maintained that the applicant was properly suspended and later dismissed following a forensic audit report and a subsequent query.
They had also argued that the dismissal was appropriate due to the allegations of gross misconduct, embezzlement, theft, fraud, and abuse of trust.
The three-member panel also had Justices Gberi-bè Ouattara, presiding, and Sengu Mohamed Koroma, as a member.
