The compliance with this proceeding is a pre-condition to fair dismissal because in
the proceedings an opportunity must have been given to the Applicant to be heard.
On this note and based on the references and authorities stated and relied on by the
parties, this Court is of the opinion that the Applicants’ Right to fair hearing was
also compromised and breached and therefore such conduct constitutes a violation
of the Applicants’ Right to fair hearing and the Court so holds.
Decision
The Court having considered the written submissions of either party and listened to
the oral evidences of the Applicant including the cross-examination of the
Applicants’ witness by the Counsel for the Respondent, the Respondent having
failed to rebut the averments of the Applicants’ and his witness the claim of the
Applicant is deemed to have been admitted. On the totality of the evidences of the
parties the Court decides as follows:
DECLARATIONS
1. The Court declares that it has jurisdiction to hear this suit same being
premised on an alleged violation of human rights.
2. The Court declares that the Applicants’ right to work was violated by the
Respondent
3. The Court declares that the Applicants’ right to fair hearing was violated by
the Respondent
ORDERS
4. That the Respondent shall appoint a Committee to assess the arrears of
allowances, salaries and end of service benefits due to the Applicants’ and
pay to them without any delay in any case within a period of two months
from the date of this order.
5. That the Respondent should pay the sum of Two Million Naira (N2,
000,000) as cost of the action and Two Million Naira (N2, 000,000) each
to the Applicants as damages for unlawful dismissal.
Thus pronounced and signed on 15th day of May, 2019 in the ECOWAS Community
Court of Justice Abuja, Nigeria.
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