12. He requests the Court to make the following declarations: - That Regulation C/REG.5/06/06 made by the Council of Ministers, allocating the post of Secretary General of ECOWAS Parliament to Guinea, on the grounds of "exceptional case", is illegal; - That the said Regulation violates Articles 5(1), (3) and 18(5) of the Revised Treaty, to which all the Member States are signatory; - That the said advertisement published in the 30th April 2007 issue of This Day newspaper is unlawful and a violation of C/REG.20/12/99 Abolishing Quota within the Institutions of the Community, and a violation of Article 18(4) of the Revised Treaty. 13. He therefore seeks from the Court a mandatory order of injunction restraining the ECOWAS Parliament from filling its office of Secretary General of professional cadre D2, pending the final determination of the instant case by the Court, and to order further that the appointment to the post of Secretary General of ECOWAS Parliament be conducted in accordance with the provisions of the ECOWAS Staff Regulations. Ultimately, he asks for the award of N20, 000,000 (Twenty Million Naira) in damages. Procedure 14. The Applicant filed his Application at the Registry, in accordance with the provisions of Article 32 of the Rules of Procedure of the Court and its related articles. Notice of the Application was duly served on the Defendants on 5 December 2007 as evidenced by the acknowledgements of receipt pleaded in the case. 15. The case was called for hearing for the first time on 30 October 2007, and was adjourned to 28 November 2007, and then to 24 January 2008, to give a fairly reasonable opportunity for both parties to appear in court; the Defendants never appeared in court. Finally, the case was deliberated upon and judgment was fixed for today. 16. Article 35 of the Rules of the Court provides: "Within one month after service on him of the application, the defendant shall lodge a defence; the time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant." Now, the Application was served on the Defendants on 5 December 2007. However, they never appeared in court nor considered it incumbent upon them to ask for an extension of time-limit from the President of the Court; the time-limit expired on 5 January 2008. 17. Consequently, it was considered valid and proper to adjourn the case to 24 January 2008 to be deliberated upon, for the decision to be made today. 18. The Application was filed and examined in accordance with the relevant provisions of the Rules of Procedure of the Court, the Defendants received the communication and notification of the proceedings instituted, together with the annexed exhibits, but did not ultimately explain their absence from court. It is therefore ripe to declare that the Defendants defaulted and the Court adjudicates in default with respect to the Defendants. II. Presentation of the Pleas-in-law invoked by the Applicant 19. The Applicant contends that Regulation C/REG.5/06/06 of the Council of Ministers allocating the post of Secretary General of ECOWAS Parliament as an "exceptional case" to Guinea is illegal and violates the provisions of the Revised Treaty in its Articles 3(2)-(a), (c); 4-(h), (k); 5(1), (3); 12(b); 18(a). He equally maintains that the said Regulation violates the African Charter on Human and People's Rights in its Articles 2; 13(1), (2); 22(1), (2). 20. He adds that his rights, as protected by the various provisions referred to, have been violated by the fact that Regulation C/REG.5/06/06 of the Council of Ministers did not respect the equality of rights and 3

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