b) She instituted this action against the Community three (3) years
after the said interview, even when the Community had accepted
back the staff who had resigned her office.
c) That her application is just criticizing alleged malfunctioning of the
administration of the Court of Justice, ECOWAS.
17.
The Defendants submit that the act of reinstatement is an administrative
act which would have been wrongful or caused prejudice to the right of
the Applicant if she had the status of an aspirant to this position as a staff
of the Court of Justice.
18.
They state that the Applicant being a Civil Servant in Nigeria cannot
therefore prove that the act of reinstatement of Personnel Officer within
the Court of Justice is related to her own administrative career and has
wrongfully infringed her right.
19.
The Defendants in conclusion submit that her case must be rejected for
lack of legal grounds as stated above even on the one of African Charter
on Human and Peoples' Rights which is not applicable in this suit.
20.
Consequently, they urge the
Court to declare the
Application
inadmissible and also baseless for lack of capacity and legal protected
interest which is wrongful damage.
21.
Responding to the objection by the Defendants, the Applicant then filed a
reply on the
1.
8th
February, 2012 stating as follows:
That the legal basis for her application contrary to the Defendants
objection, is based on the Articles 9(1)g,
2
&
4 of the
Supplementary Protocol (A/SP.l/OI/05) of the Community Court
of Justice, ECOWAS;
7