seek amicable redress in respect of the said recruitment exercise and
injustice meted on him, he requested the Respondent to invoke a mediation
mechanism for the settlement in accordance with Article 76 and 77 of its
Staff Rules and Regulations (EBID). That rather than addressing the
Applicant’s complaints, the Respondent summarily and capriciously
terminated his appointment without due process and without affording him
any opportunity to defend himself.
In effect the Applicant’s grievance is that his employment with the
Respondent Bank was terminated following a protest letter he wrote
directed to the Board of Directors without giving him the right to present his
case. It is no doubt that one of the reliefs being sought by the Applicant in
his application is a declaration that the Respondent acted arbitrarily,
capriciously and in breach of the Respondent’s right to fair hearing. The
right to be heard is a fundamental human right which is in accordance with
the Principles of Natural Justice. The Applicants having alleged violation of
such right invoked a human right issue and this therefore gives the Court
the competence to hear the application in accordance with Article 9 (4) of
the Supplementary Protocol (A/SP.1/01/05) amending the Protocol of the
Court (A/P1/7/91). It provides that the Court shall have jurisdiction to
determine cases of human rights violation that occur in Member States.
In addition to the above, this Court has made several decisions on
competence relying on Article 9 (4) of the Supplementary Protocol and has
concluded in series of their decision that mere allegation of human rights is
sufficient to invoke the jurisdiction of the Court. See: BAKARRE SARR
(ECW/JUD/03/11), HADIJATOU KAROU (ECW/CCJ/JUD/06/08). On the
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