The ECOWAS Community Court of Justice declared on July 10, 2024, that the dismissal of Mr. Momodu Khalipha Cham, a former staff member of the ECOWAS Commission, was unlawful and did not comply with Article 69 of the ECOWAS Staff Regulations.
Mr. Cham, a Gambian resident in Banjul, filed a lawsuit against the ECOWAS Commission and its president, challenging his suspension and subsequent dismissal from his position as a Procurement Officer with the Inter-Governmental Action Group against Money Laundering and Terrorism Financing (GIABA).
Justice Dupe Atoki, delivering the judgment, stated that the cessation of Mr. Cham’s salary before the appeal process was exhausted was arbitrary, unlawful, and void, contrary to Article 73(b) of the ECOWAS Staff Regulations. However, the Court declined to order mandatory injunctions and reinstatement.
The Court ordered the respondents to pay Mr. Cham his salary arrears and other entitlements from January 2021 to June 2021, and his salaries and emoluments from July to December 2021 as compensation for the unlawful dismissal.
Mr. Cham was suspended on July 11, 2019, following a forensic audit by Ernst and Young UK, which implicated him in irregularities related to the purchase of IT equipment for GIABA. On January 26, 2021, he was summarily dismissed, and his salaries and emoluments were withheld, violating the ECOWAS Staff Regulations. He sought several reliefs, including a declaration that his dismissal was arbitrary, null, and void; an order setting aside his dismissal; immediate payment of his salary arrears and other entitlements from January 2021; reinstatement as a Procurement Officer; and compensation for costs incurred in prosecuting the suit.
The respondents argued that Mr. Cham was properly suspended and dismissed following the audit report and a subsequent query, citing allegations of gross misconduct, embezzlement, theft, fraud, and abuse of trust.
The Court ruled that demanding an immediate response to charges without prior notice or an opportunity to prepare a defense violated procedural safeguards outlined in the ECOWAS Staff Regulations. Consequently, the summary dismissal breached Article 69 of the regulation. The Court also emphasized that the cessation of Mr. Cham’s salary and other emoluments after invoking the right of appeal violated Article 73(b) of the ECOWAS Staff Regulations.
The three-member panel included Honourable Justices Gberi-bè Ouattara, presiding, and Sengu Mohamed Koroma.
