r 1. That the suit is statute barred for non- compliance with the provision of the ECOWAS Staff Rules and Regulation. 2. In the alternative, that the suit is incompetent under Article 10 of the Supplementary Protocol of the Court by reason of the failure of the plaintiff applicant to exhaust available remedies under the ECOWAS Staff Rules and Regulations before filing this action. 3. The plaintiff/applicant has no reasonable cause of action against the defendants. 67. The defendants supported the application with 32 paragraphs affidavit, and several unmarked documents as exhibits with materials from the first query of 15th July 2004, reply of the query dated 16th July 2004, notice of suspension by the 1st defendant of 19th July 2004, directive on the Establishment of committee of inquiry dated 19th July 2004 and signed by the 1st defendant; report of the committee dated 24 -27 August 2004; Notification of the decision dated 6th September 2004, request for a reappraisal of the decision by the 1st defendant dated 6th October 2004; letter for request for review dated 24th January 2005, Notification of the Decision of the Executive Secretary dated 9th February 2005 by the 1st defendant with attachment and letter by counsel to the plaintiff requesting a meeting to prepare memorandum to Council of Ministers. 68. The Plaintiff filed a 6 paragraph counter affidavit and learned counsel relied on all the paragraphs and argued that in all the totality of the depositions of the defendant, there is no deposition in material contradiction that there is no serious issue to be tried as raised by the plaintiff, and nothing disclosed as to what the 1st defendant will suffer if the injunction was granted. He submitted that the principle of master and servant did not apply in respect of the present case and referred to the authority of Calabar Cement Co. vs. Daniel, reported in (1991) 4 NWLR Pt 188 p 750 at 752. 69. Mr. Falana, the President of West African Bar Association, appearing as amicus curia, addressed the Court on some dicey issues relating to the criteria of granting an 16