this Court. The case before this Court, may we be guided by the reliefs of the applicant because the first thing is to ask the applicant "what do you want"? If your lordships look at the prayers which encapsulates the orders sought that is on page 8 of the application sir, prayer A says, a declaration that the post of personnel officer in the Community Court of Justice is vacant. Prayer 8 my lord, a declaration that the reinstatement of the former Personnel Officer in the Community Court of Justice after resignation is a gross violation of ECOWAS Treaty, the Staff Regulation, the Legal Regime of ECOWAS and African Charter on Human and Peoples' Right. C my lord is the declaration that the fundamental right of the applicant has been grossly violated by this action. The case of the applicant is that the Applicant as a citizen of the community has seen the wrong that is perpetrated by an organ of the community. She owes the duty, not just to herself, not just to her country, but the entire community to seek a redress" 32. Consequently, there is no request to the Court to assess the legality or otherwise of the said selection process with a view to render it null, if it be the case. Rather, what the Applicant is seeking is just a declaration that the act of reinstatement of the employee, without a prior public selection process, is a violation of Community texts and her own fundamental rights. 33. The Applicant is, in essence, seeking that the position currently held by the employee Kone be declared vacant so it can later be filled through a public and competitive process in which the Applicant herself and other Community citizens, who feel they are qualified, can take part. 34. However, the fundamental question that must be examined and resolved, as raised in the preliminary objection, is whether the Applicant, as an individual who is not an employee of the Community, has the legal capacity to address the Court seeking the annulment of an act by the Head of an Institution who, without open selection process, decides to reinstate an employee after having accepted the termination of her contract. 10

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