Recapping the series of media awareness of the autocratic pick and choose administrative style going on in the ECOWAS Court of Justice, I just asked myself who will be the Judge when the time comes for filing a case against the interested President of ECOWAS Court of Justice who obviously have demonstrated that he is above the law and get away with anything he does, including varying the decision of the council with regards to the interpretation of the extension of tenure provision.
I reasoned to myself if there is still any case before the court that can be salvaged technically and legally speaking. This is a big puzzle I am trying to resolve, to be or not to be.
With regards to the case filed on 29th of September for preventive violation of my human rights, I was amazed that the suit which are in three parts were disrespected by the President of the Court and the action rendered useless because, the first part sought injunction to stop the envisage violation pending the interpretation of the extension clause, lo and behold , The President of the Court ignored the suit filed for preventive violation and went ahead on the 13th October 2022, through an internal memo to stop me from having access to the office and immediate termination from 14th October through the office of the Director of Administration and Finance.
The question is, when the Court has violated her own rule 1991 protocol on the Court, Article 22(2) by their actions to escalate the dispute, rendering the action incompetent, can we really say the action still subsist before the Court having been overtaken by the actual violation that is been tried to be prevented by the action of the Court in violation of her own rules?
Article 22(2) protocol 1991 on the Court states that when a case is pending before the Court, the Commission and all ECOWAS institutions must not do anything to escalate it or make the peaceful resolution of the case difficult.
Had the injunction been granted on the 29th of September or soon thereafter, the 13th of October denial of access to office memo and immediate termination of appointment would not have happened, and we would not have been where we are today.
We are yet to file an action on unlawful termination because the President of the Court of Justice Edward Amoako Asante is yet and refusing to issue the one month mandatory requirement notice of termination of tenure contrary to Article 59(a) of the ECOWAS Staff Regulations. How then can we file an action against the President without the notice which he is deliberately circumventing, placing himself above the laws to frustrate me from instituting any internal and judicial proceedings that will challenge his actions?
I was amazed when I heard that the Head of Communication of the Court waited for me to exit a radio program on roots FM 97.1 last Thursday before coming on air to say I have a case before the court filed on 29th September 2022, I wish it were so and if the Court has obeyed the rules to hear and grant injunction to maintain status quo, then the purported dismissal of 13th October would not have happened. So legally speaking the said suit is devoid of purpose now.
On the issue of conflict of interest of installing his EA who came 5th out of 12 candidates as principal Research officer P5, my petition is still calling for attention before the Commission to look into the forgery and alterations of mark, vetting behind the scenes and issuance of appointment to a less qualified person in an international organisation of repute like ECOWAS. Are we now sending a message to the society that forgery is permissible when done by people in authority? A call to the President of the Commission and Nigeria government to ensure that investigation is carried out on this weighty allegations and my petition given due attention.
On the Gudu project and the inflated contracts circumventing bidding procedures to favour interested persons; with alterations on the structure of the building by breaking the walls to install elevator not originally part of the building design, we are still appealing to the society of Engineers for integrity test and the relevant authorities to check the books of the Director of Administration and Finance of ECOWAS Court.
In conclusion, who will judge the ECOWAS Court President and his cabal who have proven to be above the law and seems to be getting away with everything?
The whole ECOWAS community is waiting for the answer to the question: who will stop the President of the ECOWAS Court of Justice or is he truly above the law and can get away with anything he chooses to do?
A passionate appeal by Temitope Obasaju Stephen the Executive Assistant to the Nigerian Judge to the authorities concern to look into all the allegations.
I am still denied access to the office till date by a memo of 13th October by someone who does not possess the authority, while the President of the ECOWAS Court still remains adamant and refuse to issue one month end of contract notice contrary to Article 59(a) of the ECOWAS Staff Regulations.
Does the Court really expect community citizens to take her pronouncements and judgments seriously when they violate their own employee human rights with impunity? A food for thought while we are still expecting the President of ECOWAS Court to do the correct thing.
The question remains, what is so difficult about issuing the one month notification of end of tenure with adequate reasons if the President of the ECOWAS Court; Justice Edward Amoako Asante is acting in accordance with the law?
By Temitope Obasaju Stephen