Law

Niger coup: Akinterinwa, Dantani, others seek ECOWAS Court’s intervention.

Published

9 months ago

August 11, 2023

Stella Charles Akupue

An NGO, Egalitarian Mission for Africa (EMA), has urged the ECOWAS Court of Justice in Abuja to stop the planned deployment of military forces against putschists in the Niger Republic.

BREAKING! Niger Republic junta forms a new Government.

Niger’s elected president Mohamed Bazoum was overthrown by his presidential guards after being held hostage by a coterie of military officers led by General Abdourhamane Tchiani, who, on 26 July, toppled Bazoum at the Presidential Palace in Niamey.

So far, diplomatic efforts by ECOWAS to restore constitutional order in Niger have failed, prompting the regional body led by Nigeria’s President Bola Tinubu to issue a one-week ultimatum for the tourists to hand over power to Bazoum.

But the Nigerien junta have adamantly held on to power despite the sanctions and threats of military intervention. The council had also refused to meet with an ECOWAS emissary, heightening the fear that the regional body might be forced to take the military option.

Worried by the possible deployment of troops against the junta following the ultimatum’s expiration last Sunday, EMA, through its lawyer, Kayode Ajulo, approached the ECOWAS Court to halt any military intervention in Niger.

In court filings, Ajulo listed ECOWAS, the Authority of Heads of State and Government of ECOWAS, the President of ECOWAS Mission (Tinubu), the Federal Republic of Nigeria and the Republic of Niger as defendants.

In the case filed on 8 August, the plaintiffs argued that ECOWAS’ intending military action in Niger would amount to aggression which ECOWAS treaties and other international laws prohibit.

While condemning the forceful takeover of power in the country, the plaintiffs cautioned that any military intervention might aggravate the crisis with the possibility of spilling over into Nigeria.

Seven states in northern Nigeria share borders with Niger Republic.

One of the plaintiffs, Hamza Dantani, an indigene of Borno state, traced his ancestry to Niger.

“He (Mr Dantani) has a strong affinity, social and economic ties with Niger, as his family members live on the other side of the border, and he has businesses in both countries. The court document revealed that his fundamental rights are presently being breached and in danger of further breach,” the court document revealed.

The filings further showed that over 300,000 refugees, many Nigerians, had fled Niger after the crisis, adding that any military action would violate their fundamental right to life, suitable to the dignity of human persons and life liberty.

With a population of 25 million, the plaintiffs noted that “any military incursion into the country will have severe humanitarian consequences.”

The plaintiffs contend that military invasion of Niger would be “counter-productive and would ultimately lead to the disintegration of ECOWAS and plunge the sub-region into more violent conflicts to the benefit of foreign powers to sell their arms and further plunder Africa’s vast natural resources.”

EMA, a registered Non-Governmental Organisation aiming to promote social justice, peace, stability, the rule of law and accountability in West Africa, recommended that tackling the issue requires “diplomacy to try and find an amicable solution that will benefit all parties.”

It further proposed that ECOWAS could suspend Niger from the sub-regional body until its return to democracy.