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.
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