Africa
ECOWAS court declines Niger junta’s request to lift sanctions
ECOWAS court declines Niger junta’s request to lift sanctions
The Community Court of the Economic Community of West African States (ECOWAS) has dismissed an application by the Republic of Niger praying the court to, among others, suspend sanctions imposed on the country by the ECOWAS Authority of Heads of State and Government.
The court, in the ruling delivered by it’s President, Justice Edward Amoako Asante, agreed that it has prima facie jurisdiction over the substantive case.
It however held that it could not grant the request for interim orders sought by the applicants because they were yet to meet the additional requirement for the court to assume jurisdiction over the case.
The court noted that the Republic of Niger, as currently controlled by the military junta, lacked prima facie capacity before the Court, making the substantive application prima facie inadmissible.
It held that the substantive application was, on the face of it, inadmissible as it relates to the other applicants within the meaning of Articles 9(2) and 10(c) of the Protocol of the Court.
The court was of the view that an entity, resulting from an unconstitutional change of government, and not acknowledged by ECOWAS as a government of a member state, inherently lacks the capacity to initiate a case before the court with the aim of obtaining benefits or reprieve.
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It held that it could exercise jurisdiction over the substantive suit and the application for interim orders, which were brought in the name of the Republic of Niger, “by an unconstitutional and unrecognized governmental authority.”
It added that the other seven applicants, who the court described as “non-state applicants, suing alongside the Republic of Niger,” failed to provide specific details regarding the nature and extent of the harm suffered by each of them from the measures imposed on Niger.
The court noted that their failure to differentiate their legal interests in the case from those of the Republic of Niger was fatal to their case.
At the hearing held on 21 November, 2023 the applicants, represented by a team of lawyers led by Moukaila Yaye, argued that the sanctions imposed by the Authority of Heads of State and Government of ECOWAS have had adverse effect on the Nigerien people including shortage of food, medicine and electricity, due to the closure of borders and suspension of electricity supply by Nigeria.
They asked the court for interim orders that will compel the Authority of Heads of State and Government to immediately suspend the sanctions.
They said that ECOWAS overreacted by imposing the sanctions and that Niger was unequally and unfairly treated compared to three other ECOWAS member states (Mali, Burkina Faso and Guinea) that have experienced coup d’états in recent years.
Lawyer to the ECOWAS Authority and other respondents in the case, François Kanga-Penond,
told the court the that the Republic of Niger is currently controlled by a military junta which seized power unconstitutionally in violation of ECOWAS legal instruments.
Kanga-Penond contended that since such an unconstitutional government which had been denounced by ECOWAS and the international community could not be legally deemed to represent the country, both the substantive application and request for provisional measures were inadmissible.
He therefore urged the Court to decline the request for interim orders.
In the substantive application, the applicants -the Republic of Niger, six Nigerien organisations and a Nigerien national – had prayed the court to declare the measures taken by the ECOWAS Authority of Heads of State and Government of ECOWAS during its extraordinary sessions of 30 July and 10 August 2023, to restore constitutional order in the Republic of Niger illegal.
They urged the court to nullify all decisions of these ECOWAS organs imposing sanctions, including the decision to resort to military intervention in the Republic of Niger.
ECOWAS court declines Niger junta’s request to lift sanctions
Africa
Nigeria denies alleged plot to destabilise Niger Republic
Nigeria denies alleged plot to destabilise Niger Republic
The Federal Government of Nigeria has refuted “in very strong terms” allegations that it is plotting to destabilise neighbouring Niger Republic.
The Nigerien authorities alleged that the Lakurawa terrorist group, with the help of foreign security forces, including Nigerian security forces, were responsible for the attack on the Niger-Benin oil pipeline on December 13, 2024, in Gaya, Dosso Region of Niger Republic.
However, Nigeria, the Ministry of Foreign Affairs, in a statement on Saturday signed by its acting spokesperson, Kimiebi Imomotimi Ebienfa, refuted the allegation.
“The Government of Nigeria condoles with the Government of Niger over the unfortunate attack on the oil pipeline, but informs that the perpetrators were neither backed nor assisted by Nigerian authorities.
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“The Government of Nigeria is strongly committed to the fight against terrorism and will not condone or support the activities of such groups.
“The Federal Government of Nigeria also expresses very serious concern and states categorically that there are no French military troops in the northern part of the country preparing to destabilize the Government of Niger.
“These allegations are unfounded and should be discarded in their entirety,” the Statement read in part.
It also noted that the relationship between Nigeria and France had always been cordial, saying it is guided by mutual respect, dignity, and non-interference in each other’s internal affairs.
The government of Nigeria assured that it would continue to explore all peaceful means to maintain its cordial relationship with the Republic of Niger for the benefit of the people of both countries.
Nigeria denies alleged plot to destabilise Niger Republic
Africa
Suspected witchdoctors arrested over attempt to ‘bewitch’ Zambia’s President
Suspected witchdoctors arrested over attempt to ‘bewitch’ Zambia’s President
Two men were detained in Zambia on charges of being “witchdoctors” tasked with attempting to bewitch the president.
The police stated they had arrested Jasten Mabulesse Candunde and Leonard Phiri in Lusaka.
“Their purported mission was to use charms to harm” President Hakainde Hichilema, according to the police statement issued on Friday.
Many individuals in the southern African country believe in and dread witches.
The police stated Mr. Candunde and Mr. Phiri were hired by Nelson Banda, MP Emmanuel “Jay Jay” Banda’s younger brother.
The MP was reportedly arrested last month in nearby Zimbabwe on robbery allegations, which he denies, but he has not been seen in public since.
He is also accused of escaping from detention in August while waiting to appear in court.
The opposition Patriotic Front (PF), led by z, has previously claimed that the charges are politically motivated.
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Emmanuel Banda, who has been an independent MP since 2021, previously worked with Lungu, who lost the presidency to Hichilema that same year.
The police stated the MP’s younger brother, Nelson, was “currently on the run” in their statement.
Mr. Candunde and Mr. Phiri face charges under Zambia’s Witchcraft Act for “possession of charms,” “professing knowledge of witchcraft,” and “cruelty to wild animals.”
The pair was found with “assorted charms,” including a live chameleon, according to the authorities.
According to the police statement, they claimed they had been given more than 2 million Zambian kwacha (£58,000; $73,000) for their “mission.”
The accused are in jail and will appear in court “soon,” according to the police, although no specific date has been set for the hearing. They have not yet responded in public to the charges.
Suspected witchdoctors arrested over attempt to ‘bewitch’ Zambia’s President
Africa
South African man sentenced to six life terms for killing his relatives
South African man sentenced to six life terms for killing his relatives
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