By Charles Ebube – Abuja
Following the extension of office decision of the council for the Nigeria, ivory Coast and Ghana Judges which statutorily covers their Executive Assistants, the outgoing President of ECOWAS Court of Justice has been in conflict with the EA to the Nigerian Judge over a wrongful interpretation of the decision of the council, which the senior judge varied by a memo dated 21st September to empower himself and other Judges to pick a new EA if they wish, contrary to the decision of the council of July 12th which merely extends the office of the 3 Judges; who ordinarily are not entitled by the extant ECOWAS applicable law for reappointment.
Despite the suit pending before the ECOWAS Court of justice seeking Interim injunction for preventive violation of right of the EA pending the determination of the substantive suit seeking for amongst others the interpretation of the council decision, it is regrettable that a Court who proclaim to be a regional human rights court, has proceeded to violate her staff human rights by, manipulating the system in collusion with the Office of the Auditor General of the ECOWAS to get vetting approval between October 5th to 7th for the appointment of a new EA while the incumbent is still in office.
In several memos exchanges between the incumbent Nigeria EA and the personnel of the Court on Wednesday asking the office holder to complete end of tenure form for calculations of his entitlements as Ordered by the Director of finance and administration of the Court; The incumbent Nigeria EA agree with the personnel officer that he is ready to sign the forms on the condition and did request in accordance with international labour law and extant ECOWAS Staff Regulation that they give him an end of contract letter stating reasons in accordance with the relevant laws.
It will interest the public to note that at the time of this publication, the Director of Administration and Finance and the President refused to issue any notification insisting that the internal memo addressed generally to over 10 staff on 21st September is a sufficient notification.
Surprisingly while the Court is yet to sit on the suit filed before her and served on 29th September seeking them to maintain status quo until determination of what the decision extending the office of the judges actually connotes, the President of the Court circumvents the administrative procedures, disobey his own court and went ahead to collude with, the ECOWAS Auditor office to approve the vetting appointment for a New Nigerian Executive Assistant for the Nigeria Judge, born out of vendetta by Himself and the Nigeria Judge against the incumbents Executive Assistant , who has been the only voice amongst the staff challenging their autocratic style of leadership and manipulation of the ECOWAS regulations.
It is yet to be seen if the President of the ECOWAS Commission will call the President of the Court to order as the complaints letter of the Executive Assistant is still on the desk of the President of the ECOWAS Commission since 22nd September 2022 on the matter till date and the petitioner still awaits direction from the Chief legal officer of ECOWAS community-
The President of the ECOWAS Commission in response to the request of the Nigerian EA asking him to guide the President of the Court who obviously has refused to obey the ECOWAS regulations and relevant extant laws.
While it is true in labour law that you cannot force an employee over to an unwilling employer, it is also equally and legally correct for the employee to know the reasons or the infractions of the law he had committed to justify the breach or end of his contract in writing the same way he received letter of employment with adequate notice when he resumed work.
The victim ask a rhetoric question ” WHY IS IT SO DIFFICULT TO ISSUE AN END OF CONTRACT LETTER IF YOU ARE NOT AFRAID OF LEGAL CONSEQUENCES OF THE DOGGY DECISION YOU ARE TAKING “.
According to the EA, He is challenging them to be courageous enough to give him the letter of end of appointment in accordance with the relevant provisions of the ECOWAS Staff Regulation with adequate notice.
It is indeed very sad that a regional human rights ECOWAS Court of law could engage in alleged violation of the rights of her own employee and also ignore to respect their own rules and procedure of the Court to stay action having been served a Court notice from the same ECOWAS Court of justice on the matter in dispute.
It is indeed a very sad time to drag down the sanctity of the rule of law and the Temple of Justice of the judiciary or Judges who ought to know and be the last hope of the oppressed and common man in the ECOWAS community.
We shall be happy to publish the response of the ECOWAS Court of justice if they have a counter opinion to what the Executive Assistant to the Nigerian Judge have said about the management of the Court.
We do hope the issues can be resolved expediently to avoid unnecessary loss of respect to the ECOWAS Judicial Institution the Community Court of Justice of ECOWAS.
We continue to watch how the matter will be resolved by the ECOWAS authorities or whether they will allow the impunity to continue in a Court that is expected to protect the human rights of community citizens of ECOWAS sub region.
Reported as interview summary from the perspective of the victim of the alleged human rights violation.