The military junta in Niger Republic has sued Nigeria’s President and Chairman of the Economic Community of West African States (ECOWAS), Bola Tinubu, over economic sanctions and the closure of its borders by the regional bloc since the July 26 coup that removed President Mohamed Bazoum from power.
Joined in the suit at the ECOWAS court in Abuja, which will be decided on December 7, are the Authority of Heads of State and Government of ECOWAS and two others.
At the preliminary hearing on Wednesday, the junta leaders who were represented by their team of lawyers led by Moukaila Yaye, argued that the sanctions imposed on the country by ECOWAS led by the Nigerian President, “have occasioned adverse effects on the Nigerien people, including shortage of food, medicine, and electricity, due to the closure of borders and cut off of electricity supply by Nigeria.”
In its written motion, the applicants asked the court for interim orders that would compel the Authority of Heads of State and Government to immediately suspend the sanctions, arguing that the respondents had overreacted by imposing the sanctions which were not successive and that Niger was treated unequally and unfairly compared to the other three ECOWAS member states – Mali, Burkina Faso, and Guinea, that also experienced coup d’état in recent years.
In the initiating application, the applicants, the State of Niger, six Nigerien organisations, and a Nigerien national asked the court to declare the measures taken by the Authority of Heads of State and Government of ECOWAS during its extraordinary sessions of July 30 and August 10, 2023, allegedly aimed at restoring constitutional order in the Republic of Niger, illegal.
They requested the court to nullify all decisions of these ECOWAS organs imposing sanctions, including the decision to resort to military intervention in the Republic of Niger.
The applicants also asked the court to declare its competence to examine the case and declare the application admissible in accordance with the court’s texts.
In its response, the Authority of Heads of State, the Mediation and Security Council, and the ECOWAS Commission, represented by François Kanga-Penond, raised an objection to the inadmissibility of the application and asked the court to reject the request of the applicants.
Kanga-Penond told the court that coup d’état was not recognised in a democracy and that the junta did not have the legal capacity to bring a case before the court, adding that the democratically elected President Mohamed Bazoum had a pending case before the court in which he was challenging the legitimacy of the same junta.
Kanga-Penond stressed that the lack of legal capacity of the junta to approach the court robbed the court of the jurisdiction to examine their request for interim measures.