El Tayyib Bah vs Sierra Leone (ECW/CCJ/APP/20/13; ECW/CCJ/JUD/11/15) [2015] ECOWASCJ 30 (4 May 2015)

El Tayyib Bah vs Sierra Leone (ECW/CCJ/APP/20/13; ECW/CCJ/JUD/11/15) [2015] ECOWASCJ 30 (4 May 2015)

The Applicant’s dismissal from the Police Force without being afforded a hearing was a violation of his right to fair hearing under Article 7 of the African Charter on Human and People’s Rights. The Defendant’s failure to follow due process and provide an opportunity for defence rendered the dismissal illegal, null, and void. The Applicant is entitled to reinstatement and compensation for the damages suffered as a direct consequence of the unlawful dismissal.

Citation
[2015] ECOWASCJ 30
Parties
Plaintiff / Applicant: Mohammed El Tayyib Bah; Defendant / Respondent: Republic of Sierra Leone
Court
ECOWAS Community Court of Justice
Jurisdiction
Ghana
Judgment Date
4 May 2015
Case Number
ECW/CCJ/APP/20/13 ; ECW/CCJ/JUD/11/15
Procedural Posture
Human Rights Application / Judgment After Default (uncontested)
Outcome
Judgment for the Applicant
Legal Topics
Right to Fair Hearing, Unlawful Dismissal, State Responsibility, Reinstatement, Damages
Source Language
English
Human Rights Law Employment Law International Law Right to Fair Hearing Unlawful Dismissal State Responsibility Reinstatement Damages

Case Brief

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Parties

Mohammed El Tayyib Bah

Plaintiff / Applicant

Republic of Sierra Leone

Defendant / Respondent

Procedural Posture

Human Rights Application / Judgment After Default (uncontested)

Legal Issues

  1. 1 Whether the dismissal of the Applicant from the Police Force without a hearing violated his right to fair hearing under Article 7 of the African Charter on Human and People’s Rights
  2. 2 Whether the Applicant is entitled to reinstatement and damages as a result of the unlawful dismissal

Ratio Decidendi

The Applicant’s dismissal from the Police Force without being afforded a hearing was a violation of his right to fair hearing under Article 7 of the African Charter on Human and People’s Rights. The Defendant’s failure to follow due process and provide an opportunity for defence rendered the dismissal illegal, null, and void. The Applicant is entitled to reinstatement and compensation for the damages suffered as a direct consequence of the unlawful dismissal.

Court Disposition

Judgment for the Applicant

Orders

  • Declaration that the dismissal of the Applicant from the Police Force in 1994 and confirmed on 3rd June 2013 is illegal, null, void and of no effect as it violates the right to fair hearing under Article 7 of the African Charter on Human and People’s Rights.
  • Order for the Defendant to reinstate the Applicant in his appropriate position in the Police Force and pay all outstanding salaries, benefits, entitlements, including promotion.