Court Delivers Ruling On Niger’s Request To Lift Economic Sanctions

Court Delivers Ruling On Niger’s Request To Lift Economic Sanctions

The application made by the Republic of Niger to the Community Court of the Economic Community of West African States (ECOWAS), seeking the suspension of sanctions imposed by the ECOWAS Authority of Heads of State and Government, has been rejected.

The court, presided over by Justice Edward Amoako Asante, dismissed the application for interim orders alongside a substantive case challenging the legality of sanctions imposed following a military coup in July 2023 that ousted President Mohammed Bazoum.

While acknowledging its prima facie jurisdiction over the substantive case, the court refused to grant interim orders, citing the failure of the applicants to meet additional requirements for the court to assume jurisdiction.

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The court highlighted that the Republic of Niger, currently under military control, lacked the prima facie capacity before the Court, rendering the substantive application prima facie inadmissible.

The court declared the substantive application inadmissible in relation to other applicants, noting that an entity resulting from an unconstitutional change of government, unrecognized by ECOWAS, lacked the capacity to initiate a case for benefits or reprieve. It emphasized that jurisdiction could not be exercised over the case brought by an unconstitutional and unrecognized governmental authority.

Furthermore, the court found fault with the other seven applicants, termed “non-state applicants,” for failing to differentiate their legal interests from those of the Republic of Niger. Their inability to specify the nature and extent of harm suffered from the imposed measures proved detrimental to their case.

During the hearing on November 21, 2023, the applicants argued that ECOWAS sanctions had adversely affected the Nigerien people, causing shortages of food, medicine, and electricity. They sought interim orders compelling the Authority of Heads of State and Government to immediately suspend the sanctions, claiming unequal and unfair treatment compared to other ECOWAS member states that experienced coups.

In response, the lawyer representing the ECOWAS Authority, François Kanga-Penond, contended that Niger, controlled by an unconstitutional military junta, could not legally represent the country. He asserted that the substantive application and the request for provisional measures were inadmissible due to the denounced nature of the unconstitutional government by ECOWAS and the international community.

In the substantive application, the Republic of Niger and other applicants called on the court to declare ECOWAS measures, including sanctions and the decision for military intervention, illegal and nullify all related decisions made during the extraordinary sessions in July and August 2023.

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