the burden of proof required of him. In adducing evidence of qualification
and skill and being a member of staff pursuant to Article 13 (2) of the Staff
Regulations, the Court further finds that the Applicant partially discharged
his burden of proof. The Applicant having failed to submit evidence in
support of his scores been the highest of all the scores of the other
candidates in the interview process for recruitment and also having failed to
adduce evidence of superior qualification and skill of other candidates that
were so far selected, failed to sufficiently discharge his burden of proof in
accordance with standard of proof required of him. In view of this analysis,
the Court notes that whilst the Respondent had denied the allegation of
non-compliance with the rules during the recruitment process, the Applicant
did not adduce sufficient evidence to either rebut the evidence led by the
Respondent nor did he do so during cross-examination to support this
claim as alleged. The Applicant has therefore failed to discharge the
burden of proof required of him to support the claim the allegation of noncompliance by the Respondent with the rules in the recruitment exercise
and the Court so holds.
DECISION
For the reasons stated above, the Community Court of Justice, sitting in
public after hearing the parties, and their submissions duly considered in
the light of the provisions of the ECOWAS Bank for Investment and
Development’s Staff Rules and Regulations and the Supplementary
Protocol of the Court, hereby declares as follows:
1. That the Court declares itself competent and the application is
admissible.
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