In a pivotal ruling, the Economic Community of West African States (ECOWAS) Court in Abuja dismissed a suit filed by the Niger Republic junta against the region’s Authority of Heads of State and Government, seeking the annulment of sanctions imposed by the ECOWAS Authority led by President Bola Tinubu.
These sanctions were imposed on the Niger Republic due to the junta’s failure to reinstate ousted President Mohamed Bazoum. The junta approached the court, contending that the sanctions severely impacted the people of Niger, causing food shortages, lack of medicine, and electricity disruptions due to border closures and electricity cutoffs by Nigeria.
Justice Edward Asante, delivering the judgment, clarified that the court lacked prima facie jurisdiction over the substantive application. He further stated that the additional requirement for prima facie admissibility was not met, hence rejecting the plea for interim measures.
The court declared, “An entity resulting from an unconstitutional change of government, unrecognized by ECOWAS as a member state government, cannot bring a case before the court for benefits or relief.”
Consequently, the court deemed the substantive suit and the plea for interim measures from Niger, by an unconstitutional and unrecognized governmental body, as prima facie inadmissible. As a result, the court dismissed the case.
Regarding the seven non-state applicants aligned with the Republic of Niger, the court highlighted their failure to provide specific details regarding the nature and extent of harm inflicted upon them by the measures imposed on Niger.
