2013-Ģ��ƵAT-330

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered two appeals, one against Order No. 103 (NBI/2012) and one against judgment No. Ģ��ƵDT/2012/116. Ģ��ƵAT held that the Appellant had not established any excess of jurisdiction or competence on the part of Ģ��ƵDT; rather, his claims addressed the merits of the Ģ��ƵDT decision. Ģ��ƵAT noted that even if the Ģ��ƵDT had erred in law or fact and as also alleged in the case, committed an error of procedure, this did not instance any excess of jurisdiction or competence on its part such as would entitle the Appellant to bypass the exception to the right to appeal set out in Article 2(2) of the Ģ��ƵDT Statute. Ģ��ƵAT held that the appeals were not receivable. Ģ��ƵAT dismissed the appeals.

Decision Contested or Judgment/Order Appealed

Ģ��ƵDT order and judgment: In the context of a dispute over the appointment of another individual to a post for which he had applied, the Applicant submitted a request for a suspension of action. In Order No. 103 (NBI/2012), Ģ��ƵDT rejected the request. In judgment No. Ģ��ƵDT/2012/116, Ģ��ƵDT set out the reasons as to why the request for suspension of action had not been granted.

Legal Principle(s)

Appeals from the Ģ��ƵDT on suspension of action decisions will be receivable only if Ģ��ƵDT, in adjudicating on such applications, exceeded its competence or jurisdiction.

Outcome

Appeal dismissed on receivability

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Nwuke

Entity

Case Number(s)

Tribunal

Registry