The ECOWAS court has scheduled December 7 for a verdict on interim measures regarding a case filed by the Niger State and seven others.
This case, initiated by the Niger Republic junta against the ECOWAS Heads of State and Government Authority along with two others, saw both parties presenting their arguments during a session held on November 21, 2023, in Abuja, Nigeria.
Represented by their legal team led by Moukaila Yaye and five others, the applicants highlighted the adverse impacts of sanctions imposed by the ECOWAS Authority of Heads of State and Government, spearheaded by Nigerian President Bola Tinubu.
These sanctions allegedly caused severe hardships for the Nigerien populace, including shortages of essential supplies like food, medicine, and electricity due to border closures and the halt of electricity supply by Nigeria.
The applicants urged the court to issue interim orders compelling the ECOWAS Authority of Heads of State and Government to immediately suspend the sanctions.
They argued that Niger was unfairly treated compared to other member states—Mali, Burkina Faso, and Guinea—that underwent coups in recent years.
Additionally, the applicants requested the court to confirm its jurisdiction to review the case and declare the application admissible based on the court’s regulations.
On the other side, the respondents—the Authority of Heads of State, the Mediation and Security Council, and the ECOWAS Commission—represented by Mr. François Kanga-Penond, contested the application’s admissibility.
They objected, asserting that a junta lacks legal standing to bring a case to the court within a democratic framework. Kanga-Penond emphasized that the democratically elected President Mohamed Bazoum has an ongoing case challenging the legitimacy of this same junta before the court.
He stressed that the junta’s lack of legal capacity negates the court’s jurisdiction to consider their plea for interim measures.