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Court Nullifies ECOWAS Commission Staff’s Dismissal

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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.(NAN)

Foreign News

Israeli Chief of Staff Calls Oct. 7 Day of Failure

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  Israel’s Army Chief of General Staff Herzi Halevi has referred to October 7, 2023, as the day “when we failed in our mission to protect the citizens of the State of Israel.”

In a letter to Israeli soldiers marking the anniversary of the brutal attack on Israel, he wrote that “Oct.

7 is not only a day of remembrance, but also a call for deep introspection” and “a recognition of our failures and a commitment to learning from them.

On October 7, 2023, terrorists from Hamas and other extremist groups killed more than 1,200 people in Israel and abducted about 250 more as hostages to the Gaza Strip.

This triggered the Gaza war, in which, according to the Hamas-controlled health authority, some 42,000 Palestinians have been killed so far, mostly civilians.

Halevi said that Hamas’ military wing had been defeated, but that the fight against the organisation’s terrorist structures would continue.

With regard to the fighting against Hezbollah in Lebanon, he said that the militia had been dealt a serious blow.

“We will not stop,” Halevi emphasised.

“We are destroying our enemies’ capabilities, and we will ensure that these capabilities are not rebuilt, so that Oct. 7 is never repeated,” he added. (dpa/NAN)

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UN Condemns Hospital Attack in Ukraine

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UN humanitarians on Monday condemned Russian attacks on Sumy city in the northeast of Ukraine over the weekend that damaged a hospital.

Matthias Schmale, the top UN aid official in Ukraine, said that the Russian military strikes killed and injured several people. He insisted that health centres must not be targeted.

Local officials reported that nine had been killed in the twin drone strikes on the northeastern city close to the Russian border, with 12 injured and more than 120 evacuated for their own safety.

Schmale’s comments came amid continuing violence on Monday, including a reported wave of drone attacks on Kyiv and protective air defence manoeuvres launched in response, according to the Ukraine military.

Outside the capital, media indicated explosions as Russia launched drone and guided bombs attack on Zaporizhzhia that damaged railways and buildings, while in Russia, Ukrainian armed forces reportedly shelled the Belgorod region.

Meanwhile, authorities in Algeria were on Monday urged by top independent human rights experts to reverse a prison sentence handed down to a poet for supporting widespread protests against the Government.

Djamila Bentouis received a two-year prison sentence and 100,000 Algerian dinars fine (worth around $750) for participating in the Hirak social protest movement via her songs and poetry recitals.

Initial charges levelled against Bentouis accused her of belonging to a terrorist entity.

The Hirak demonstrations began in February 2019 – initially against President Abdelaziz Bouteflika – but evolved into demands for political reforms and other freedoms.

The independent experts who include Alexandra Xanthaki, Special Rapporteur in the field of cultural rights, said that the criminal charges against Ms. Bentouis appeared “directly linked” to her wish to exercise her right to freedom of expression.

The experts – who are not UN staff and receive no salary for their work – also expressed their hope that Algeria “will abide by its international obligations to guarantee the right to freedom of expression” when the appeals court considers the case on Wednesday. (NAN)

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20 Dead after Hurricane Helene Slams into South-east U.S.

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At least 20 people died after Hurricane Helene slammed into the south-eastern United States as a dangerous Category 4 storm, before later weakening to a tropical depression by Friday afternoon.The deaths were reported in US media across the states of Georgia, North Carolina, South Carolina and Florida.

The governor of Georgia said at least 11 people had died in his state.
Around 3 million people were without power across those states and beyond, with houses destroyed and entire communities flooded.
There were fears that many people could still be trapped under collapsed and damaged buildings. Many roads across the region were not passable.The National Weather Service said Helene made landfall on the west coast of Florida as a Category 4 hurricane – the second highest category – but then began losing steam.
The service had warned of “historic and catastrophic flooding,” and in some places on Friday the water was about 5 metres high. There were also threats of mudslides due to the extreme rain.Many victims were killed or injured by falling trees, while others died in their cars. In Florida, a woman drowned in her home, CNN reported.In North Carolina, authorities warned that a dam could break and urged nearby residents to move to safety.After pummelling the south-east, it began moving over the Appalachian mountains and affecting states like Tennessee and Virginia.Helene had already caused flooding and power outages in Cuba as it barrelled toward the U.S. (dpa /NAN)

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