interlocutory application and the principle of master/servant relationship. He relied
on the Ghanaian
the
Supreme
General of Police 2000 2 HRLRA
Court
case of New
Patriotic
Party v. Inspector
P 1 at 63 and submitted that ECOWAS
and its
organs owe a duty to ensure that the rights of its citizens are not violated, and that
any case alleging violation of rights is very serious issue.
The Court appreciated his
contributions.
70. In respect
of master and
servant relationship, he submitted
that staff of an
organisation created by law are no longer regarded as servant and relied on Wilson
v. AG Bendel State (1985) INWLR Pt 4 p 572 and Dr Banjo vs University of Ibadan
(1977) Oyo State HC Report page 1 at 27, per Eso CJ; Constitutional Rights Project v.
President of Federal Republic of Nigeria vol. 1 N.P.I.LR 21.
71. In further support of the application for striking out, learned counsel relied on
Article 65(a) to maintain the stance that the plaintiff should have appealed against
the decision of the 1st defendant dismissing her from ECOWAS before seeking relief.
Learned counsel to the defendants further submitted that “if the court holds that the
plaintiff should have appealed to the 1st defendant, then we submit that the action is
statute barred.”
72. This submission calls for the consideration of Article 65(a) in its entirety to see if
at this stage the matter can be resolved in favour of the defendants.
Article 65 (a) of
the Staff Regulations states:
“Right of Appeal.
Article 65: Procedure for Appeal.
(a) Any member of staff who wishes to appeal against sanctions imposed on him must
first write a letter to the Executive Secretary, requesting a review of his case. The
letter shall be sent by registered mail within thirty days of receiving notification of
decision where the staff member's duty station is outside the headquarters. If the
Executive Secretary maintains the decision or if the staff member receives no response
17