of Court for reinstatement of the Applicants sought under this
supplementary Application is hereby declined.
f. With regards to paragraph (e) on payment of salaries and other
entitlements of the Applicants, having decided that the
employment of the Applicants was unlawfully terminated, they are
thus entitled to arrears of salaries and other entitlements. The
Court concedes that it did not make a pronouncement on this
head. The Court however notes that the quantum of the claim
was not specifically established. A monetary claim particularly
salaries which is within the knowledge of the Applicants must be
sufficiently computed and pleaded to enable the Court make a
definitive award. Despite this lapse, since the Respondent did not
deny that the Applicants were in the employment of the Army
within the stipulated period, they are entitled to arrears of salaries
and other allowances due to them up to February 2016
as
claimed in the Initiating Application when they were dismissed
and the Court so holds.
15. The Court wishes to remark that at all times material, all deliberations in this case
was heard by a three member panel and at no time was the case heard by two
members as erroneously stated in paragraph (c) of the grounds in support of the
Supplementary Application. While no issue was made of this by the Applicants
nonetheless, the records of the Court must not be distorted.
P. Decision
16. For the reasons stated above, the Community Court of Justice, sitting in public
after hearing the parties, and their submissions duly considered in the light of the
provisions of Article 63 and 64 of the Rules of the Community Court of Justice,
ECOWAS decides as follows:
i)
The Supplementary Application is inadmissible under Article
63 of the Rules of Procedure of the Court of Justice,
ECOWAS.
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