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In this direction, having regard to Article 4(g) of the Ecowas Revised Treaty which
empowers the Court to apply the African Charter on Human and Peoples Right, more
particularly Article 7(I) on the Right to fair hearing and having regard to findings of fact
made herein, the Court decides that the Plaintiff has established that his dismissal by
the Defendant from its Police Force is illegal, null and void and of no effect, having
been done without giving the Applicant a hearing in violation of Article 7(I) of the African
Charter. Accordingly, the Court DECLARES:
(I)
That the dismissal of the Applicant from the Police Force of the Defendant in
1994 and confirmed on 3rd June 2013, is illegal, null, void and of no effect as
it violates the Plaintiff’s right to fair hearing enshrined in Article 7 of the African
Charter on Human and People’s Rights.
(II)
Orders the Defendant to reinstate the Applicant in his appropriate position in
the Police Force of the Defendants and pay him all outstanding salaries,
benefits, entitlements, including promotion.
(III)
Directs the Defendant to pay the Applicant the sum of Two Hundred Fifty
Thousand US. Dollars ($ 250,000.00) as general damages for the wrong
occasioned by their illegal act.
The Defendant shall bear the costs of this Action and the Chief Registrar is directed to
assess the costs, taking into account the relevant provisions of Article 66-69 of the
Court’s Rules of Procedure.
This Decision is given in open Court in compliance with Article 61 of the Rules
of Procedure at the Seat of the Court in Abuja, this 4th day of May 2015 in the
Presence of their LORDSHIPS:
– Presiding
1-
Hon. Justice Friday Chijioke Nwoke
2-
Hon. Justice Micah Wilkins Wright
3-
Hon. Justice Hameye Foune Mahalmadane – Member
Assisted by Aboubakar Diakité
– Member
- Registrar