memorandum in that regard, to the Council of Ministers, irrespective of their opinion on the merits or the form of the appeal. 24. Faced with this impossibility to insist on her right to appeal, she filed a suit at the Community Secretary from Court of Justice, seeking an order taking further steps towards to prevent recruitment. the Executive Also, her appeal is always in the process. 25. The Applicant relied on the following pleas in law to back her application: violation of ECOWAS Staff Rules by failure or refusal of the Executive Secretary, to suspend every execution of the sanction after having knowledge of the invocation of her right of appeal, on one hand, and on the other hand, by the = publication of the vacancy notice and the suspension of her salaries and emoluments from September 2004 while the appeal remains in process. 26. That Messrs. Wakani and Gogoua are to recognise her appeal or submit a memorandum to the Administration and Finance Commission for the following reasons: | 1) Violation of the ECOWAS Staff Rules by the said Wakani and Gogoua for the aforementioned reasons; | 2) Violation of Article 7 of the African Charter on Human and Peoples’ Rights by the refusal to suspend the sanction of the Executive Secretary and the failure or refusal of Messrs. Wakani and Gogoua to recognise her appeal or to submit a memorandum to the Administration and Finance Commission. 27. It is for this reason that the applicant is praying that it may please the Community Court of Justice to order the measures already mentioned above. 28. As for the defendants, they submit that on 14/07/04, during the 4th Statutory Meeting of the ad hoc Ministerial Committee on selection and assessment of the work output of statutory appointees, envelopes containing defamatory documents were widely distributed within and outside the premises of the Executive Secretariat. 29. That some envelopes were even distributed to experts and ministers at the meeting by members of staff of the Executive Secretariat who answer directly to the Director of Administration, in the person of Madam Oyemade.

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