he
That the suit is statute barred for non compliance with the provision of the ECOWAS
Staff Rules and Regulation.
Be
In the alternative, that the suit is incompetent under Article 10 of the Supplementary
Protocol of the Court by reason of the failure of the plaintiff applicant to exhaust
available remedies under the ECOWAS
Staff Rules and Regulations before filing this
action.
3.
The plaintiff/applicant has no reasonable cause of action against the defendants.
67. The
defendants
supported
the application with 32 paragraphs
affidavit, and
several unmarked documents as exhibits with materials from the first query of 15
July 2004, reply of the query dated 16 July 2004, notice of suspension by the 1s
datendantof 19 July 2004, directive on the Establishment of committee of inquiry
dated 19% July 2004 and signed by the 18 defendant;
24 -27 August 2004;
report of the committee dated
Notification of the decision dated 6
September 2004, request for
a reappraisal of the decision by the 1st defendant dated 6'* October 2004; letter for
request for review
dated
24
January
2005, Notification
of the Decision
of the
Executive Secretary dated 9 February 2005 by the 1st defendant with attachment and
letter by counsel to the plaintiff requesting a meeting to prepare memorandum
to
Council of Ministers.
68. The Plaintiff filed a 6 paragraph counter affidavit and learned counsel relied on
all the paragraphs
defendant,
and
there is no
argued
that in all the totality of the depositions
of the
deposition in material contradiction that there is no serious
issue to be tried as raised by the plaintiff, and nothing disclosed as to what the 1%
defendant will suffer if the injunction was granted. He submitted that the principle of
master and servant did not apply in respect of the present case and referred to the
authority of Calabar Cement Co. vs. Daniel, reported in (1991)
4 NWLR
Pt 188 p
750 at 752.
69. Mr. Falana, the President of West African Bar Association, appearing as amicus
curia, addressed the Court on some dicey issues relating to the criteria of granting an
16