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.”
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