Article 23 of the Universal Declaration of Human Rights, which is reechoed in Article 15 of the Charter and Article 6 of the International Covenant on Economic, Social and Cultural Rights provides: “Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.” The Court recalls its jurisprudence the case of Justice Paul Uuter Dery and others v Republic of Ghana, Judgment No. ECW/CCJ/JUD/19, para 82, where it stated, “The violation of the right to work contemplates a severance from work which permanently deprives the employee of the job under a condition that is manifestly unfair”. In the instant case, The Applicant’s contention is that he is entitled to be restored to his position haven served the requisite sentence. All entreaties by his legal representatives to the Nigerian Army to that effect have failed. The Court notes that Section 68(1) of the AFA which prescribes 2 years imprisonment or less for the loss of a service property does not preclude a reinstatement after prison sentence has been completed. The Court also notes its earlier holding that the prison sentence was unlawful comes to the conclusion that the refusal of the Respondent to reinstate the applicant is a violation of his right to work contrary to Art 15 of the Charter, 65. On the violation of Article 1 of the Charter Article 1 of the Charter obligates all States Parties to the Charter to take measures to guarantee respect for human rights. It provides as follows: “The member States of the Organisation of the African Unity, parties to the present Charter shall recognise the rights, duties and freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them.” 29

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