Lawsuit: Can ECOWAS Court Stop Tinubu, Others From Attacking Niger Coup Leaders?
The Economic Community of West African States (ECOWAS) has been sued before the ECOWAS Court of Justice in Abuja over the regional bloc’s plans to militarily intervene in Niger Republic in its bid to displace the junta that ousted President Mohamed Bazoum.
The applicants are apparently banking on the regional court’s jurisdiction to determine their case after the Authority of Heads of State and Government of ECOWAS signed to take several measures against the junta.
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The suit was filed by lawyer, Oluwakayode Ajulo, on behalf of the Egalitarian Mission for Africa (EMA), Professor Biola Akinterinwa, and Hamza Nuhu Dantani, while the ECOWAS Chairman, President Bola Ahmed Tinubu, Authority of Heads of State & Government of ECOWAS, President of ECOWAS Mission, were joined as respondents.
The group’s main contention is that a military intervention against a member state is a violation of the international treaties and it sought orders stopping ECOWAS from invading Niger Republic.
The court action which commenced on July 7 is coming after the military junta has ignored all directives and ultimatum from the regional bloc.
Thursday has been fixed for member states of ECOWAS to review developments and take further action.
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Meanwhile, the official spokesperson for President Bola Tinubu, Chief Ajuri Ngalale, revealed on Tuesday that ECOWAS has imposed more economic sanctions on the military junta.
It remains to be seen if the regional court possesses the requisite power or jurisdiction to intervene in the development.
Based on information on its official website, the ECOWAS court has jurisdiction in about six areas bordering on human rights violations in a country as well as making pronouncements on any move adopted by the Commission.
They are include, “The Court examines cases of failure by Member States to honour their obligations under the Community law;
“The Court has competence to adjudicate on any dispute relating to the interpretation and application of acts of the Community;
“The Court adjudicates in disputes between Institutions of the Community and their officials;
“The Court has power to handle cases dealing with liability for or against the Community;
“The Court has jurisdiction to determine cases of violation of human rights that occur in any Member State;
“The Court adjudges and makes declarations on the legality of Regulations, Directives, Decisions, and other subsidiary legal instruments adopted by ECOWAS,” the ECOWAS court states on its website.
The court also plays an important advisory role in the prevention of conflicts or disputes as well as interpret the provisions of the ECOWAS Treaty.
