38. On 06/09/04 a request for revision of the dismissal was submitted by Madam
Oyemade,
supported
on 27/09/04
by a request from
the Nigerian
Ministry
of
Cooperation and Integration, calling for a withdrawal of the sanction of dismissal
(Cf. Attachment N).
39. The defendants Wakani and Gogoua emphasised not having been informed by
Madam Oyemade of her intention to file an appeal before the Council of Ministers
via the Administration and Finance Commission, pursuant to Article 27 of the Staff
Rules and Article 65 of the Staff Regulations.
40. It was during the 53rd session of the Council of Ministers held in Accra on
18/01/05
that Nigeria raised the issue of Madam
Oyemade’s
dismissal, and the
Council refused to intervene on the grounds that “she had not exhausted all the
appeal processes available.”
41. On 24/01/05 the counsel for Madam Oyemade applied to the Executive Secretary
for a revision of the dismissal.
42. On 17 February 2005, Madam Oyemade received the letter of revision but did not
tender her resignation, which was a condition for the said revision.
43. That by letter dated 11th March 2005 she informed Messrs. Wakani and Gogoua
of her intention to put in an appeal before the Council of Ministers, concerning the
9th February 2005 decision. Following the vacancy of post, an advertisement to fill
this vacancy was published.
44.
The
defendants
Administration
and
maintain
Finance
not
having
Commission
submitted
for a possible
a
memorandum
revision because
to
the
of the
following:
1)
That the first procedure of revision was not conducted in accordance with the Staff
Regulations;
2) That also, there is no time-limit that compels the Staff representatives
Wakani and Gogoua to submit a memorandum to the Administration and
Finance Commission;
3) That, from the beginning of the year, the Administration and Finance
Commission has not convened;