ECOWAS COURT DISMISSES CASE FILED BY FORMER ECOWAS COMMISSION STAFF FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES

The ECOWAS Court of Justice, on 28^th February 2025, dismissed the case brought by Mr. Jonas Kugblenu Adunkpe, a former staff member of the ECOWAS Commission, on grounds of inadmissibility due to his failure to fully exhaust available administrative remedies before approaching the Court.

Mr. Adunkpe, who officially retired on 31 August 2020, initiated legal proceedings against the ECOWAS Council of Ministers, the President of the ECOWAS Commission, and the Commissioner for Administration and Finance, citing grievances over denied promotions and salary discrepancies during his tenure. He contended that after receiving an exceptional promotion in January 2017, his salary was later reverted to a lower grade without justification. Although a partial payment of 36 months’ salary arrears was made in August 2023, he argued that he was entitled to an additional month of arrears, as well as a higher pension based on the grade at which he should have retired.

In the judgment delivered by Justice Edward Amoako Asante, Judge Rapporteur, the Court, while establishing its jurisdiction over the case under Article 9(1)(f) of its Protocol, ruled that the application was inadmissible pursuant to Article 10(e) of the same Protocol. The Court found that Mr. Adunkpe had failed to pursue an appeal to the ECOWAS Council of Ministers, a necessary step under Article 73 of the 2005 ECOWAS Staff Regulations before seeking judicial intervention.

Consequently, the Court dismissed the case as inadmissible and ruled that each party shall bear its own costs in accordance with Article 66(11) of the Rules of the Court. The three-member panel of the Court were Honourable Justice Sengu Mohamed Koroma (presiding judge), Honourable Justice Gberi-bè Ouattara (Panel member) and Honourable Justice Edward Amoako Asante (judge rapporteur).