By Cedar Chris
The court of the Economic Community of west African state (ECOWAS ) siting in Abuja, the Nigeria Headquarters on Thursday December 8th ,2023 threw out the suit by the Niger Republic Junta against the region ‘s authority of heads of state government.
The ECOWAS Athority of Head of state government led by Bola Ahmed Tinubu , of the Nigerian president on August 8th ,2023 imposed sanctions on the Country following the junta’,s failure to relinquish power to Civilian president , Bazoum Muhammed.
The Niger junta not satisfied with the sanction approached the ECOWAS Court arguing that the sanction has occasioned adverse effects on the Nigeriens including shortage of food , medicine and electricity which suffer a cut off by Nigeria and the Closure of Boarders .
The junta’ asked the the ECOWAS Court to compel the authority of the Head of State and Government to immediately suspend the sanction.
Justice Edward Asant , while delivering judgement on the Case said an entity that has not subjected itself to to control of the ECOWAS could not approach ECOWAS Court to seek reprieve.
The judge said “An entity resulting from an unconstitutional change of government which is not acknowledged by ECOWAS as a constitutional government of member State cannot inheritly initiate a case before it seeking benefits of reprieve.
Consequently, the substantive suit and the request for interim measures presented in the name of Niger by such an unconstitutional governmental Authority were prima facie inadmissible.
” Having concluded that substantiative application before the court held that the request for interim measures could not be granted, it accordingly dismissed it”
Rulling on the seven non -state applicants suing alongside the Republic of Nowhere, The ECOWAS Court held that the junta’ failed to provide specific details regarding the Nature and extend of harm suffered by each of them results from sanction imposed on Niger.
According to Justice Asanta, “this lack of specificity made it challenging to differentiate their legal interest on the Case from those of the Republic of Niger.
“Giving these circumstances, the application is prima facie inadmissible relative to Non -state applicant as per to the provisions of article 9(2) and 10(c) of the protocol of the court. He rulled.
