In a judgment delivered by Justice Edward Amoako Asante, President of the Court, the ECOWAS Court ordered Togo to pay Fadia 15 million CFA francs in general damages and to expunge the disciplinary measures from its records.
Fadia, who was accused of falsifying flight records by ANAC-Togo, the national civil aviation authority, claimed that these disciplinary actions violated his human rights. His license was revoked, and he was demoted to “Pilot in Command under Supervision,” leading to his subsequent dismissal from ASKY Airlines.
Togo defended its actions by citing an investigation that revealed irregularities in the flight records of several ASKY pilots, including Fadia. However, the Court found that the disciplinary measures were retroactively applied, violating Fadia’s rights.
While the Court upheld Fadia’s claim of unfair trial, it did not find sufficient evidence to support his claims of wrongful dismissal or unequal treatment. The judgment was supported by Justices Gberi-Bè Ouattara and Sengu Mohamed Koroma.
