17
Having held that there are sufficient grounds to grant the reliefs sought by the Applicant
against the Defendant, the Court is empowered to make consequential orders in that
regard.
This is because in general international law, a State that has violated its international
obligations is duty bound to make reparation. This Court, in Karaou V. Republic of
Niger (2010) CCJ LR (Pt 3) 1 at 17, observed that:
”The Applicant has gone through untenable physical, psychological and moral
harm, as a result of her nine years of servitude, justifying the award of a relief in
reparation for harm thus suffered.”
In the same vein, the Applicant in this case, has suffered, pain, mental, psychological
trauma and deprivation. Indeed as expected, dismissal carries with it some measure
of infamy and stigma and deprives the individual the right or benefits accorded by the
employment and society at large. It is therefore not surprising that having been
dismissed, though wrongly. In the Courts view, the Applicant was rightly rejected at the
election on the grounds of being unfit for Public Office.
Above all, having been dismissed from employment, the Applicant has remained
unemployable because no one is expected to engage a dishonest employee. All these
damages suffered by the Applicant are direct as well as foreseeable consequences of
his wrongful dismissal in violation of his right to fair hearing as guaranteed by Art 7 (1)
of the African Charter on Human and People’s Rights. For the avoidance of doubt, at
this stage of development of International Human Rights Law regime, persons,
including States, must be careful with regard to the treatment of their nationals or
citizens and other individuals within their territorial jurisdictions.
Where their acts or omissions towards such persons violate their rights as
enshrined in international instruments, an international tribunal, such as ours, will have
no alternative than to hold them answerable for the wrongs. The era of gross impunity
by Member States and their Governments in our sub-region shall no longer be
tolerated.