Military Action Against Niger: Int’l Group drags Tinubu to ECOWAS Court

An International Civil Group, Egalitarian Mission for Africa (EMA)  has dragged President Bola Tínubu of Nigeria before the Economic Community of West African (ECOWAS) Court of Justice, invoking the Protocols of the Court to stop the planned military action against the Republic of Niger over coup plot. The group, in the suit instituted on its behalf by a Nigerian lawyer, Dr Oluwakayode Ajulo, OON, is praying the Regional Court to invoke relevant ECOWAS treaties and international laws to stop the military invasion of Niger Republic being spearhead by the Nigerian Government. The grouse of the Civil Group, among others, is that the planned military action or invasion will run foul of the obligations in the ECOWAS treaties and therefore amounting to illegality. The suit marked ECW/CCJ/APP/3/23 emphasized categorically that ECOWAS treaties prohibit aggression among member States. Apart from the Egalitarian Mission for Africa (EMA), other plaintiffs in the matter are a former Director General of the Nigerian Institute of the Internal Affairs (NIIA), Professor Bola Akinterinwa and a Nigerian Northern Region lawyer, Hamza Nuhu Dantani. Defendants are ECOWAS, Authority of Heads of State & Government of ECOWAS, President of ECOWAS Mission,  Federal Republic of Nigeria and Republic of Niger. A military group led by General Abdourhamane Tchiani had on July 26 toppled the civilian and democratic government of President Mohammed Bazoun who has since been clamped into unlawful military detention. Although the three plaintiffs in the regional suit described the coup detat as most unfortunate, they however warned that Nigeria should not travel the dangerous road of military hostilities that may further escalate the crisis in the Niger Republic. According to them, over 300,000 refugees, mainly Nigeria citizens, have already fled the Niger Republic adding that military action against Niger Republic would lead to breach of fundermrntal rights to life, right to dignity of human persons and liberty to life. The plaintiffs therefore prayed the ECOWAS Court of Justice for a restraining order against any form of military action in Niger Republic that may undermine the sovereignty and the territorial integrity of Niger Republic. Besides the Court action, the plaintiffs’ Counsel, Dr Ajulo wrote a strongly worded letter to President Tinubu, notifying him of pendency of the suit and invoking the Protocol of the ECOWAS Court on the need to respect and obey the rule of law as well as to refrain from doing that will militate against the subject matter. The letter is entitled “Notification of Pendency of case before the ECOWAS Community Court of Justice ; Call For Strict Adherence To The Protocol of the Honourable Court of the ECOWAS Commumity Court of Justice’.  It read in part “We are Counsel to the Plaintiffs/Applicants in the above case before the ECOWAS Community Court of Justice and it is on their firm and unequivocal instructions that we write. Sequel to the Resolution and several sanctions imposed by the ECOWAS in the aftermath of the unfortunate and unconstitutional takeover of the democratically elected Government of the Republic of Niger, we have lodged a Case before the ECOWAS Community Court of Justice in an application for reliefs as the proposed military intervention in the Republic of Niger would be tantamount to aggression between ECOWAS Member States. ” The intervention will specifically violate Articles 1, 5, 15, 16, 17, 21, 22 & 24 of the African Charter on Human and Peoples’ Rights; Articles 1 (2), 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13 & 14 of the International Covenant on Economic, Social and Cultural Rights; Articles 1, 3, 22, 23 (3), 25 (1) & 26 of the Universal Declaration of Human Rights 1948; Articles 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 of the Declaration on the Right to Development 1986; Articles 6, 15, 31, 63 & 64 of the Revised Treaty of the Economic Community of West African States; Article 10 of the Supplementary Protocol (A/SP.1/01/05) amending the Protocol (A/P.I/7/91) relating to the Community Court of Justice and Articles 10 (c), 22, 26, 27, 28, 56 of the ECOWAS Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peace– Keeping and Security 1999. “The Case, an official copy of which has been duly served on your Excellency through the ECOWAS Secretariat, 101, Yakubu Gowon Crescent, Asokoro, Abuja, has invoked the jurisdiction of the International Court to consider conventions, treaties, Protocols and regulations to which your Excellency and the Federal Republic of Nigeria are signatories and which override the resolutions, sanctions, domestic law and practices and which the ECOWAS Community Court of Justice has been called upon to declare illegal. Another copy of the Case is attached for your informed action. “We wish to further draw your attention to Article 22(2) of the Protocol on the Community Court of Justice which mandates that “When a dispute is brought before the Court, Member states or institutions of the Community shall refrain from any action likely to aggravate or militate against its settlement” “In the Case before the ECOWAS Community Court of Justice, The Economic Community of West African States (ECOWAS), Authority of Heads of State and Government (of which your Excellency is the Chairman), President, ECOWAS Commission, The Federal Republic of Nigeria (of which your Excellency is the President and Commander-in-Chief of the Armed Forces) have been sued as sovereign legal representatives of respective institutions including the Republic of Niger. “It is your Excellency’s sacred duty as the Chairman of the Authority of Heads of State and Government of ECOWAS and the President and Commander-in-Chief of Armed Forces of Federal Republic of Nigeria under your hand to bring the institution of the Case before ECOWAS Community Court of Justice to the attention of the other Defendants and to insist, particularly in your Excellences’ subsequent meetings, that the Defendants refrain from taking any action in respect of the subject matter pending the determination of the case, in view of your Excellency and Nigeria’s protocol obligation under the Article above quoted. “Your Excellency, it is our firm

Niger Coup: Tinubu didn’t ask Senate for permission to go to war- Akpabio

*Urges Tinubu, ECOWAS to exhaust all diplomatic options Senate President, Godswill Akpabio has said that President Bola Tinubu did not approach the Senate for permission to go to war in Niger over the recent coup d’etat as is been peddled in some quarters, but rather, on how best to resolve the current political impasse. Akpabio, who announced the resolutions on Saturday after a closed-door meeting which lasted for about two hours with the President Tinubu, urged him, as Chairman of ECOWAS, to encourage other ECOWAS leaders to further explore political and diplomatic options and other means towards resolving the political impasse in Niger Republic. The upper chamber also called on the ECOWAS Parliament to rise to the occasion by equally condemning the coup and also proffer solutions to resolve the impasse quickly. Niger President Mohamed Bazoum was on July 26, overthrown by his presidential guards. Akpabio said: “We discussed with President Bola Tinubu, who also doubles as the Chairman of ECOWAS and requested for support in the implementation of the resolutions of ECOWAS on the political situation in Nigeria and resolve as follows: “The leadership of the Senate is mandated to further engage with the President and Commander-in-Chief on behalf of the Senate and National Assembly on how best to resolve the issues. “This is in view of the hitherto existing cordial relationship between Nigeriens and Nigerians. “The Senate commends President Bola Tinubu and other Heads of State and Government of ECOWAS for their prompt response and the positions taken on the unfortunate development in Niger Republic. “The Senate recognises the fact that President Tinubu, by virtue of his correspondence had not asked for the approval of the parliament or approval of this Senate to go to war as is been erroneously suggested in some quarters. “Rather, Mr President and Commander-in-Chief had expressed and I quote: “I wish to respectfully solicit the support of the National Assembly in the successful implementation of the ECOWAS resolutions as outlined in the said communications.” The Senate President also said that the Senate condemned in totality the military coup that took place recently in Niger. Tinubu had in a letter to the Senate on Friday, conveyed the decisions of the ECOWAS on recent military intervention in Niger. The ECOWAS decision is contained in a letter addressed to the President of Senate and read at plenary on Friday. ”I do have the honour to inform you, that following the unfortunate political situation in Niger Republic culminating in the overthrow of the administration of His Excellency President Mohammed Bazoum on 26 July 2023. “The Economic Community of West Africa States (ECOWAS), under my leadership condemns the coup in its entirety and resolved alongside other members of the international community to seek the return of a democratically elected government in Niger,” the letter stated.