benefits of Article 78 of the Staff Rules and Regulations and sought several
reliefs therefrom. The Respondent in their argument maintained that the
President had absolute powers of dismissal on grounds of misconduct and
gross insubordination.
The Court notes the words and phrases of the Applicant which the
Respondent submitted as abusive language such as: “manipulation,” “it is
annoying to hear this, “it is disappointing and time wasting” etc. were in the
ordinary sense of the words and phrases and the ordinary meaning attach
to them not abusive to justify the reprisal that follows. Having due regard of
Article 11 of the of the Staff Rules and Regulations (EBID) which requires
that a staff member be heard without the fear of reprisals and given the
ordinary meaning of the words and phrases submitted as abusive, the
Court deems the act of termination on said grounds to be excessive and
tantamount to the act of reprisal in itself. Further, that the Respondent
failed to allow the Applicant to defend himself even after dismissal to which
he had a right pursuant to the Staff Rules and Regulations. The general
objective of the ECOWAS Community is that staff members of ECOWAS
should be able to work in an environment devoid unfairness by affording
them the right to due process. The Respondent’s failure to hear the
Applicant’s appeal depicts a unilateral exercise of discretionary powers by
the Bank without recourse to the laid down procedure which was arbitrary
and not in the best interest of the institution in particular and the ECOWAS
Community in general and the Court so holds.
• Non-compliance with the rules in the recruitment process
The Applicant’s claim is that the Respondent failed to comply with the
provisions of its Staff Rules and Regulations in the recruitment exercise
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