The ECOWAS Court of Justice in Abuja has rejected a request to withdraw sanctions imposed on Niger Republic by the ECOWAS Authority of Heads of State and Government following the recent coup. The verdict, released on Thursday, stated that, while the court has jurisdiction to hear the case, the Nigerien junta did not meet the extra condition for admissibility.
President Edward Asante, leading the three-member panel, asserted that the junta’s plea for interim measures could not be granted due to this failure. The court’s decision, supported by Judges Gbéri-bè Ouattara and Dupe Atoki, underscores the complex legal aspects of the case.
The coup, orchestrated by military officers led by General Abdourahmane Tchiani on July 26, resulted in the overthrow of President Mohammed Bazoum, who remains in detention in Niamey, Niger’s capital.
In response to the military takeover, the ECOWAS highest authority, led by Nigerian President Bola Tinubu, imposed a series of sanctions on Niger, including a cutoff of electricity supply, precipitating a power crisis in the junta-led country. The regional body also threatened military intervention to restore constitutional order.
In a bid to counter the sanctions, the Nigerien junta approached the ECOWAS court, seeking orders to halt the penalties. The junta, along with seven other applicants, argued that the sanctions adversely affected Nigeriens, leading to shortages of food, medicine, and electricity. They requested interim orders to compel the ECOWAS Authority to suspend the sanctions immediately.
However, the court rejected the junta’s plea, stating that the military government lacked the competence to appear before it, having seized power unconstitutionally. The court held that the coup stripped the junta of the right to institute a suit before a constitutional body like the ECOWAS Court.
The ruling also emphasized that the substantive application challenging the legality of coup-related sanctions was prima facie inadmissible, in accordance with the Protocol of the Court. Regarding the non-state applicants suing alongside the Republic of Niger, the court found their lack of specificity regarding the harm suffered made their application prima facie inadmissible.
