Niger Coup: Group Drags ECOWAS, Tinubu, Before Regional Court, Warns Against Military Action
The stalemate over the coup in Niger Republic and the inability of Economic Community of West African States (ECOWAS) to resolve the impasse has taken a new dimension as a group of eminent human right crusaders has warned the subregional leaders to desist from taking any military action against the coup plotters.
The Egalitarian Mission for Africa (EMA) in conjunction with foremost diplomat, Professor Biola Akinterinwa, and legal practitioner, Hamza Nuhu Dantani, on Monday dragged ECOWAS Chairman, President Bola Ahmed Tinubu, and the member states before the ECOWAS court in Abuja to stop the defendants from declaring war on Niger Republic.
The group in a letter obtained by PRNigeria titled: “Notification of Pendency of Case Before the ECOWAS Community Court of Justice/Call for Strict Adherence to the Protocol of the Honourable Court,” drew the attention of the President to the fact that invading Niger Republic is an act of aggression which is contrary to the relevant international laws, rules, procedures and conventions which Nigeria and other member countries are signatories to.
The letter, signed by their the group’s solicitors led by Kayode Ajulo, also informed the President that it has gone to court to seek certain reliefs to stop ECOWAS from invading Niger Republic, adding that it is also against the ECOWAS protocol for any member state to take action on a matter that is pending before the ECOWAS court.
The group argued that the proposed military action in Niger Republic violates 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.
“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.
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”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/Respondents and to insist, particularly in your Excellences’ subsequent meetings, that the Defendants/Respondents, 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/Respondents 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/Respondents 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/Respondents,” the letter read in part.
The letter was copied to ECOWAS secretariat, the Chief of Staff to the President and the Solicitor-General of the Federation & Permanent Secretary in the Ministry of Justice.
By PRNigeria
