Gambiaj.com- (ABUJA, Nigeria) – The Community Court of Justice of ECOWAS has ruled that the dismissal of Mr. Momodu Khalipha Cham, a former staff member of the ECOWAS Commission, was unlawful. On July 10, 2024, the court found that Mr. Cham’s dismissal did not comply with Article 69 of the ECOWAS Staff Regulations.

Mr. Cham, a Gambian citizen residing in Banjul, challenged his suspension and subsequent dismissal from his role as a Procurement Officer with the Inter-Governmental Action Group against Money Laundering and Terrorism Financing (GIABA), an ECOWAS specialized agency. He filed an application against the ECOWAS Commission and its president, arguing that his suspension and dismissal were unlawful.

Justice Dupe Atoki, delivering the judgment, stated that the cessation of Mr. Cham’s salary before the completion of the appeal process was arbitrary, unlawful, and void, violating Article 73(b) of the ECOWAS Staff Regulations. However, the court did not grant the orders for mandatory injunctions and reinstatement.

The court ordered the respondents to pay Mr. Cham his salary arrears and entitlements from January to June 2021 and additional compensation covering his salaries and emoluments from July to December 2021 due to the unlawful dismissal.

Mr. Cham’s suspension occurred on July 11, 2019, following a forensic audit report by Ernst and Young UK, which implicated him in irregularities related to purchasing IT equipment for GIABA. On January 26, 2021, he was summarily dismissed, and his salaries and emoluments were withheld, which Mr. Cham argued was in violation of ECOWAS Staff Regulations. He sought several reliefs, including a declaration that his dismissal was arbitrary, null, and void, an order to set aside his dismissal, payment of his salary arrears and other entitlements, reinstatement to his position, 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 subsequent query, alleging gross misconduct, embezzlement, theft, fraud, and abuse of trust.

The court determined that requiring an immediate response to charges without prior notice or an opportunity to prepare a defense violated procedural safeguards under the ECOWAS Staff Regulations. Therefore, the summary dismissal of Mr. Cham breached Article 69 of the regulations.

The three-member panel included Honourable Justices Gberi-bè Ouattara, presiding, and Sengu Mohamed Koroma, member.