2)
That after her dismissal, the applicant could not make the most of the appeal
processes available to her under the ECOWAS Staff Rules and Regulations;
3)
4)
That these appeal processes are statute-barred;
That consequently, the present application is inadmissible since it is based on
facts which are statute-barred and out-of-time.
10. To examine this special form of procedure for an interim measure, the Court
referred to the provisions in Article 79 of its Rules during its sitting on 5 May
2005, and issued an order of interim measure, suspending any publication of a
vacancy notice and of any recruitment process. Thus, the interim application was
granted pending the determination of the interlocutory injunction already filed
by the applicant in accordance with Article 82 (4) of the Rules of the Court.
The Article states in part:
“... shall have only an interim effect, and shall be without prejudice to the decision of the
Court on the substance of the case.”
D. THE SUBSTANCE
OF THE CASE;
11. The Applicant averred, in her application instituting proceedings, that she was
appointed as Director of Administration at the Executive Secretariat of ECOWAS,
on 20th March 2000, from the Civil Service of the Federal Republic of Nigeria.
12. She recalled having received on 15/07/04 a query indicting her and calling on
her to answer charges of “grievous fault and maladministration.”
13. She
responded
to this invitation
on 16/07/04
and
before
she
could
even
conclude on her investigations, and with no feedback from her superior officer as
to the acceptance or not of her said response, she eventually realised that she had
been suspended indefinitely on 19/07/04, with instructions to appear before a
non-statutory committee composed of her subordinate officers and chaired by the
Director of the Marketing Department.
14. Having raised the issue concerning the improper character of the committee,
she received on 18/07/04*°a DHL
Advisory
Committee
on
mail inviting her to appear before the Joint
Appointments,
Promotions
and
Discipline
of