as justification for terminating the employment of the Applicant because the
issues have been spent,
In determining whether the actions of the Respondent was lawful the Court
will again refer to the Staff Rules and Regulations (EBID), which states that
the Respondent can separate any staff member on its own initiative
pursuant to Article 9 (3) of the Staff Rules and Regulations (EBID) and that
the said act will in itself be a disciplinary measure pursuant to Article 9 of
the of the Staff Rules and Regulations (EBID). However, the exercise of
this power dictates that it should be done fairly. Accordingly, the of the
Staff Rules and Regulations (EBID) provides that the Bank sets up an
appeal mechanism so that the aggrieved staff member will be given the
opportunity to present his case or have recourse to defend his action
without fear of reprisal pursuant to Article 11. The intent of the latter Article
is to guarantee the right to fair hearing, and the compliance with due
process in such a circumstance. Due process in the instant case is the right
to be heard, to be fairly treated, efficiently and effectively by the
management in the administration of justice especially when dealing with
issues of misconducts that will give rise to disciplinary actions. The rights to
due process therefore places limitations on the exercise of disciplinary
powers, in order to guarantee fundamental fairness and justice. The Court
in the case of Dr. Rose Mbatomon Ako V. West African Monetary Agency &
ORS. (ECW/CCJ/JUD/01/13), noted that “the termination of appointment
under regulations of any institution of ECOWAS including West Africa
Monetary Agency is under statutory obligation to follow for terminating
employment of staff.”
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