The ECOWAS Court of Justice has nullified the dismissal of Momodu Cham, a former staff of the Commission, and ordered the payment of his salaries and emoluments from January 2021 to December 2021 as compensation.
The court held that the cessation of Cham’s salary by the Commission before the exhaustion of the appeal process was arbitrary, unlawful, null, and void.
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Justice Dupe Atoki, the Judge Rapporteur, stated that the action of the Commission breached Article 73(b) of the ECOWAS Staff Regulations and violated procedural safeguards outlined in the regulations.
The court also held that the summary dismissal of the applicant by the Commission breached Article 69 of the regulations.
Cham had filed the suit challenging 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 had prayed for his reinstatement to his position and compensation for costs incurred in prosecuting the suit.
The court, however, declined to grant any orders for mandatory injunctions against the Commission and reinstatement of the applicant.
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The Respondents had maintained that the applicant was properly suspended and later dismissed following a forensic audit report and a subsequent query.
This ruling sets a precedent for the protection of staff rights within the ECOWAS Commission and emphasizes the importance of following due process in disciplinary actions.
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