By Livinus Saint Kaior-Abuja
A group of lawyers based in Nigeria’s capital city, Abuja led by Mr. Alexander Oketa Esq ,Head of Chambers of Alex Oketa Chambers has passionately appealed to the Chairman of ECOWAS Mr. Alassane Quattara who is also the President of Cote d’ivoire, to urgently relieve Professor Mohammed Ben Umar Ndiaye of his position as the Director General of the West African monetary Agency (WAMA) for gross abuse of office, contempt of court and undermining the objective and interest of the Economics community of west Africa states (ECOWAS), the very source and legitimacy of his office.
The group also implored the Chairman to intervene and ensure that the judgment NO.EC/CCJ/JUD/01/13 in Dr. Rose Mbatomon Ako vs WAMA & 5 others suite No. ECW/CCI/APP/15/11 delivered on the 11th day of February, 2013 by the ECOWAS Community Court of Justice holden in Abuja, Nigeria is fully enforced.
In a letter entitled “urgent call to dismiss the director general of WAMA, Prof. Mohammed Ben Omar Ndiaye for disobedience of ECOWAS Court order, contempt of court and continued humiliation of Dr. Rose Mbatomon Ako, to the Chairman of ECOWAS President Alassane Quattare, which was copied to the Nigeria Deputy President of Senate and the Honourable Speaker of the ECOWAS Parliament senator Ike Ekweremadu dated 22nd of May, 2013 and signed by the group head, Mr. Alexander Oketa Esq said that Dr. Rose Mbatomon Ako who is a Nigerian and hails from Benue state was a staff of the West African monetary Agency (WAMA) an Agency of ECOWAS and was employed vide a letter from the 1st defendant (WAMA) dated 6th August 2003, while her appointment was summarily terminated by the Director General of WAMA Prof. Mohammed Ben Omar Ndiaye, vide a letter dated 26th February 2009 without due process of the law or prior notice.
According to the petition, professor Ndiaye caused Dr. Rose Mbatomon Ako to be unlawfully ejected from the official residence and her properties and personnel effects illegally detained in her residence after the termination of her appointment. It added that Prof. Ndiaye wrote a petition to the police in Serra Leone alleging that Dr. Rose Mbatomon Ako was not a diplomat but an imposter, this led to the arrest, public humiliation and detention of Dr. rose Ako alongside her movable properties by the police in Sierra Leone at the instance of prof. Ndiaye. The petitioners also alleged that Dr. Rose Mbatomon Ako suffered serious damages, unnecessary expense, untold hardship and mental trauma, gross violation of her fundamental basic rights to privacy, dignity of human being and unlawful detention of her properties. They accused Prof Ndiaye of Frustrating the execution of the High Court in Serra Leone judgment delivered in 2009 till date.
According to the judgment of the judgment of the ECOWAS Court in Suit No. ECW/CCJ/APP/15/11 where Dr. Ako sought redress the Honourable ECOAS Court found among others, that the termination of the appointment of Dr. Ako was wrongful; that her entitlements were delayed for months and that the amount paid thereafter to her was incomplete and detailed in judgment No. ECW/CCJ/JUD/01/13 between Dr. Rose Mbatomon Ako v WAMA and 5 other. “The sum of US$116,736 (one hundred and sixteen thousand, seven hundred and thrity six united state Dollars) was awarded in favour of Dr. Rose Mbatomon Ako as per a certified true copy of the judgment attached the petition.
By the provision of Article 19(2) of the protocol A/P1/7/91 of the community court of justice court of justice, ECOWAS, the decision of the ECOWAS community court of justice is final and immediately enforceable. No application for stay of execution has been filed by any of the parties. According to the petition, Article 25(3) of the protocol further provides that when an application for review is made, the court may require prior compliance with the terms of the decision before it admits proceedings in revision. “Despite the foregoing provisions, the judgment of the court has remained unsatisfied and it has been made unenforceable by the Director General, Prof Ndiagye.
Barr. Alexander Oketa expressed grave concern over what he termed as unwarranted insult and open attack on court and his client by the Director General in his reaction to the judgment of the court aforementioned, He described at page 1 of his reaction as “Mischievously presented and that they amount to a” prejudiced sympathy seeking venture” He further describe the court judgment in his reaction as an “example of falsehood in the whole charade” and a “spurious “ judgment and vowed never to allow its enforcement.