73.Without having appealed to the Administrative Chamber, the Applicant
appealed directly to the Court of Justice, 20 years later, for violation of
his right to work.
74.Only the decision of the Administrative Chamber of the Court of Appeal
could confirm or not the legality of the decision taken by the minister
before the Applicant could bring an action before the Court of Justice, for
violation of his right.
75.As of the present date, the time limit for filing an appeal has expired, so,
the Applicant cannot appeal to the Administrative Chamber of the Court
of Appeal.
76.Since the Applicant's notification of retirement, according to his own
statements, on March 30, 1996 (see the statement of facts), nearly 20
years have elapsed, without him having appealed to the Administrative
Chamber of the Court of Appeal, to challenge the legality of the said act,
the validity of which can no longer be called into question before the
domestic judge, much less before the ECOWAS Court.
77.The Court of Justice cannot rule on the violation alleged by the Applicant,
who due to his silence, during the appeal period, accepted the reform
decision;
78.Therefore, Mr. MADO Fidégnon Frederic's application, dated December
8, 2016, must be declared inadmissible, in accordance with the following:
B - On the inadmissibility of the alleged crime of torture, which was not
legally sanctioned, at the time of the facts.
79.The Applicant claims to have been tortured in 1993.
80.At the time of the alleged acts of torture, according to Law No. 80-1 of
August 13, 1980, which establishes the penal code, torture was not yet
constituted as a crime. It was only on 15 November 2015 that the
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