Fidégnon Frédéric, who was one of the suspects and who, therefore, was presented, with his colleagues, to the Attorney General of the Republic and transferred to Kara civil prison; 65.Mr. MADO Fidégnon Frederic was retired by decision of February 24, 1996 (See Exhibit No. 2 of the Applicant); 66.It was on December 8, 2016, about 23 years after the attempted coup d'etat and 20 years after the decision to retire Mr. MADO Fidégnon Frédéric, that the latter decided to file a lawsuit before the Court of Justice, so that the Togolese Republic is accused on the basis of mere allegations. Preliminary Objection: 67.The Respondent claimed that the complaint filed before this Court must be declared inadmissible for the following reasons: A- The Court’s Lack of jurisdiction over the matter of legality of administrative acts 68.Mr. MADO Fidégnon Frederic, is a former sergeant of the Togolese Armed Forces (TAF), therefore, a former State employee. 69.By application dated December 8, 2016, he filed a lawsuit before the ECOWAS Court of Justice for violation of his rights. 70.Decision No. 96-097/MIN.DEF.NAT on retirement for disciplinary reasons, of February 24, 1996, proves that the Applicant is retired. 71.It is a decision from the Minister of Defense, therefore, an administrative act. 72.Law No. 81-10, of 23 June 1981 which establishes the procedure before the Administrative Chamber of the Court of Appeal of Togo, provides for an appeal against any administrative decision. Only this Chamber entertains jurisdiction to decide on the legality or not of an administrative act. 12

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