The international civil group, Egalitarian Mission for Africa (EMA), has initiated legal proceedings against Nigerian President Bola Tínubu before the Economic Community of West African States (ECOWAS) Court of Justice.
The group is invoking the Protocols of the Court to halt the intended military intervention by the Nigerian Government in the Republic of Niger due to a coup plot.
The lawsuit, presented by Nigerian lawyer Dr. Oluwakayode Ajulo on behalf of EMA, contends that the planned military action contravenes ECOWAS treaties and international laws. The group asserts that such an intervention would breach ECOWAS obligations and amount to illegality.
EMA is joined in the case by other plaintiffs, including Professor Bola Akinterinwa, a former Director General of the Nigerian Institute of the Internal Affairs, and Hamza Nuhu Dantani, a lawyer from the Nigerian Northern Region. The defendants named in the case are ECOWAS, the Authority of Heads of State & Government of ECOWAS, the President of ECOWAS Mission, the Federal Republic of Nigeria, and the Republic of Niger.
The military coup led by General Abdourhamane Tchiani on July 26 resulted in the overthrow of Niger’s civilian and democratic government under President Mohammed Bazoun, who is currently held in unlawful military detention.
While the plaintiffs acknowledge the unfortunate nature of the coup d’état, they caution against Nigeria pursuing a path of military hostilities that could escalate the crisis in Niger Republic. They highlight that more than 300,000 refugees, including many Nigerian citizens, have already fled Niger Republic, warning that military action could violate fundamental rights such as the right to life, dignity of human persons, and liberty.
The plaintiffs seek a restraining order from the ECOWAS Court of Justice to prevent any military action in Niger Republic that might compromise its sovereignty and territorial integrity.
In addition to the legal action, the plaintiffs’ counsel, Dr. Ajulo, has sent a strongly worded letter to President Tinubu, informing him of the pending lawsuit and invoking the Protocol of the ECOWAS Court. The letter emphasizes the need to respect and uphold the rule of law and refrain from actions that could obstruct the subject matter of the lawsuit.
The letter 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 of the ECOWAS Commumity 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 and to insist, particularly in your Excellences’ subsequent meetings, that the Defendants 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 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 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”, the letter stated.