An International Group, Egalitarian Mission for Africa (EMA), has filed a case against President Bola Tínubu of Nigeria at the Economic Community of West African States (ECOWAS) Court of Justice. The group aims to obtain a court order to prevent the planned military operation against the Republic of Niger.
The suit, presented by Nigerian lawyer Dr. Oluwakayode Ajulo on behalf of EMA, urges the Regional Court to invoke relevant ECOWAS treaties and international laws to halt the Nigerian Government’s military intervention in the Niger Republic.
The main concern of the Civil group is that the proposed military action or invasion violates the obligations set out in the ECOWAS treaties, thus constituting an illegal act.
The lawsuit with the reference ECW/CCJ/APP/3/23 underscores that ECOWAS treaties explicitly prohibit aggression among Member States.
In addition to Egalitarian Mission for Africa (EMA), other plaintiffs involved in the case include the former Director General of the Nigerian Institute of Internal Affairs (NIIA), Professor Bola Akinterinwa, and Nigerian Northern Region lawyer Hamza Nuhu Dantani.
The defendants named in the case are ECOWAS, the Heads of ECOWAS Mission, the President of the ECOWAS Mission, the Federal Republic of Nigeria, and the Republic of Niger.
A military faction seized power on July 26, overthrowing the democratically elected government of President Mohammed Bazoun. President Bazoun has since been placed under unlawful military detention.
While the three plaintiffs in the regional lawsuit deem the coup d’état regrettable, they caution against Nigeria taking the perilous path of military conflict that could exacerbate the crisis in Niger Republic.
According to them, more than 300,000 refugees, primarily Nigerian citizens, have already fled Niger Republic. They argue that military action against Niger Republic would violate fundamental rights such as the right to life, human dignity, and personal liberty.
Consequently, the plaintiffs implore the ECOWAS Court of Justice to issue a restraining order against any form of military intervention that could undermine the sovereignty and territorial integrity of Niger Republic.
Alongside the legal action, the plaintiffs, through lawyer Ajulo, have written a strongly-worded letter to President Tinubu. The letter, dated August 8, 2023, notifies him about the ongoing case and emphasises the importance of adhering to the rule of law.
The letter’s title is “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.”
The letter highlights, “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…”. It proceeds to outline the legal basis of the case and urges President Tinubu to ensure compliance with the rule of law and international legal obligations.
The letter concludes with the expectation that President Tinubu will employ his authority to advise the defendants to maintain the status quo pending the court’s decision.
