An International Group,
Egalitarian Mission for Africa (EMA) has dragged President Bola Tínubu of
Nigeria before the Economic Community of West African States (ECOWAS) Court of
Justice, seeking order of the court to stop the planned military action against
the Republic of Niger.
The group in the suit instituted
on its behalf by a Nigerian lawyer, Dr Oluwakayode Ajulo, is praying the
Regional Court to invoke relevant ECOWAS treaties and international laws to
stop the military invasion of Niger Republic being spearheaded 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 amount 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 Internal Affairs (NIIA), Professor Bola
Akinterinwa and a Nigerian Northern Region lawyer, Hamza Nuhu Dantani.
The defendants are ECOWAS, Heads
of ECOWAS Mission, President of ECOWAS Mission, Federal Republic of Nigeria and
Republic of Niger.
A military group 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 d’etat as most unfortunate, they, however,
warned that Nigeria should not travel the dangerous road of military
hostilities that may further escalate the crisis in Niger Republic.
According to them, over 300,000
refugees, mainly Nigerian citizens, have already fled Niger Republic, adding
that military action against Niger Republic would lead to breach of fundamental
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 that may undermine the sovereignty and the territorial
integrity of Niger Republic.
Besides the Court action, the
plaintiffs through Ajulo wrote a strongly worded letter to President Tinubu,
notifying him of pendency of the suit and the need to respect and obey the rule
of law.
The letter dated August 8, 2023
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
THE ECOWAS COMMUNITY 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/Respondents and to insist, particularly in your Excellences’
subsequent meetings, that the Defendants/Respondents, 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
confidence that by your enviable knowledge of high international standard of
due adherence to the rule of law and respect for the supranational judicial
process obtainable in a Case of this nature, we need not further stress the
need to ensure that all the Defendants/Respondents concerned maintain the
status quo presently obtaining, and restrain themselves from taking any step
susceptible to being regarded by the ECOWAS Community Court of Justice and
international Community as prejudicial to the interest of our client or any of
the parties in court.
“Your Excellency would agree with
us that as the law stands presently, the Resolution on proposed military
actions be discontinued pending the determination of the Case by the ECOWAS
Community Court of Justice.
“The Federal Government of
Nigeria and other Defendants/Respondents have never been known to confront the
international judicial system nor subject themselves to international ridicule
and is beyond mischievously foisting a fait accompli on an International Court
to which charter or protocol she is a High Contracting party.
“It is without any reservation
that we proceed on the common ground that your Excellency would use your good
offices as the Chairman, Authority of Heads of State and Government of ECOWAS
and President & Commander-in-Chief of Armed Forces of the Federal Republic
of Nigeria to adhere and advise compliance on the part of the afore-listed
defendants.
“While thanking you for your
adherence to the rule of law, please accept the assurance of our warmest
professional regards.”
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