memorandum in that regard, to the Council of Ministers, irrespective of their
opinion on the merits or the form of the appeal.
24. Faced with this impossibility to insist on her right to appeal, she filed a suit at
the Community Court of Justice, seeking an order to prevent the Executive
Secretary from taking further steps towards recruitment. So, her appeal is
always in the process.
25. The Applicant relied on the following pleas in law to back her application:
violation of ECOWAS Staff Rules by failure or refusal of the Executive Secretary,
•'
to suspend every execution of the sanction after having knowledge of the
invocation of her right of appeal, on one hand, and on the other hand, by the
publication of the vacancy notice and the suspension of · her salaries and
emoluments from September 2004 while the appeal remains in process.
26. That Messrs. Wakani and Gogoua are to recognise her appeal or submit a
memorandum to the Administration and Finance Commission for the following
reasons:
1) Violation of the ECOWAS Staff Rules by the said Wakani and Gogoua for the
aforementioned reasons;
2) Violation of Article 7 of the African Charter on Human and Peoples' Rights by the
refusal to suspend the sanction of the Executive Secretary and the failure or refusal of
Messrs. Wakani and Gogoua to recognise her appeal or to submit a memorandum to the
Administration and Finance Commission.
27. It is for this reason that the applicant is praying that it may please the
Community Court of Justice to order the measures already mentioned above.
28. As for the defendants, they submit that on 14/07/04, during the 4th Statutory
Meeting of the ad hoc Ministerial Committee on selection and assessment of the
work output of statutory appointees, envelopes containing defamatory documents
were widely distributed within and outside the premises of the Executive Secretariat.
29. TI1at some envelopes were even distributed to experts and ministers at the
meeting by members of staff of the Executive Secretariat who answer directly to the
Director of Administration, in the person of Madam Oyemade.