relevant extract of the MOU signed on the 14th of December 2016 reads
following:
83. “At the end of the negotiation an agreement was reached on these points.
The Turkey party undertakes, in accordance with the provisions of Law No.
67-21 of 17 June 2016 (voted at the Grand National Assembly of Turkey) for
the MAARIF Foundation of Turkey to take over the Bedir and Mehriban
Establishments located in Niamey in Niger….”. Emphasis ours
84. “The Nigerien party undertakes, first to withdraw or cancel the
authorisations, licenses, certificates, rights and prerogatives recognized by
means of the law and regulations or conventions in force (Order 96-035
PCSN of 19 June 1996 and its application Decree 201/PCSN/MEN 19 of 19
June 1996)”to Mr. Hayri AVAR acting on behalf of the Bedir Company.”
85. From the above excerpts, it is obvious that even though the MOU was
signed in December 14th 2016, there was an express intention by the
Respondent and The Foundation to take-over the Applicants school as far
back as 17 June 2016, when the grants were still active and months before the
Respondent carried out any inspection based upon which the grants were
withdrawn. The MOU signifying the agreement to take over the school was
concluded more than 6 months before the Applicant was issued a withdrawal
letter. Though the withdrawal orders were written on the 21st of December
2016 it was not until the 28th December 2016, that the Applicant was served.
86. The act of the Respondent is nothing short of conspiracy to dispossess
the Applicant of the school at all cost. This action of the Respondent in
colluding with a foreign Government to confiscate the Applicant’s schools
months before the inspections which allegedly disclose a misuse of the grant
leading to their revocation was carried out and 6 months before the Applicant
was notified of the withdraw of the grant is nothing short of gross abuse of
power, exhibit of undue influence, impunity, lack of due process, travesty of
justice and outright display of arbitrariness.
87. In view of the totality of the above analysis, the court finds that failure
of the Respondent to prove that the Applicant contravened any condition of
the grant, as well as failure to comply with Article 28 of The Decree1996 and
the decision by Respondent in collaboration with a foreign entity to take over
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