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The Applicant in consequence of the misfeasance of the Defendant sought from this
Court the following reliefs:
(i)- A declaration that the dismissal of the Plaintiff from the Police Service of the
Defendant in 1994 and further confirmed by a letter dated 3rd June 2013 is illegal, null
and void as it violates the Plaintiff’s right to fair hearing guaranteed by Article 7 of the
African Charter on Human and People’s Rights.
(ii)- An order mandating the Defendant to reinstate the Plaintiff and pay him his
outstanding salaries, benefits and entitlements.
(iii)- An order awarding the sum of $25,000,000 (Twenty Five Million Dollars) as
general damages for embarrassment, mental and psychological trauma and death of
this mother.
It must be stated at this juncture that the Defendant did not file documents in answer
to the Applicants claim nor signified intention to defend this suit despite the service of
the pleadings on her.
3- ARGUMENT OF THE PARTIES
As stated earlier, the Plaintiff brought this action against the Defendant for the violation
of his right to fair hearing as enshrined in Article 7 of the African Charter on Human &
People’s Rights by dismissing him from the Force without giving him the opportunity to
answer to the charges upon which his dismissal was predicated.
He therefore sought three reliefs outlined in the statement of facts (see above).
The Defendant did not respond to any of the allegations against her contained in the
Applicant’s application.
Pursuant to his action, the Applicant formulated one issue for determination, namely:
Whether the failure of the Defendant to afford the Plaintiff an opportunity to
defend himself either personally or by legal representation before dismissing