ECOWAS court declines Niger junta’s request to lift sanctions – Newstrends
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ECOWAS court declines Niger junta’s request to lift sanctions

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5 months ago

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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 application for interim orders was filed along with a substantive case in which Niger and seven other applicants are challenging the legality of sanctions imposed by ECOWAS following a military coup in the West African country in July that overthrew the democratically elected government of President Mohammed Bazoum.

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

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Chad’s military ruler Derby declared winner of presidential election, opposition kicks

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1 week ago

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May 10, 2024

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Chad’s military ruler Derby declared winner of presidential election, opposition kicks

Chad’s military leader, Mahamat Deby Itno, was declared the winner of this week’s presidential election, according to provisional results released Thursday. The results were contested by his main rival, Prime Minister Succès Masra.

The national agency that manages Chad’s election released results of Monday’s vote weeks earlier than planned. The figures showed Deby Itno won with just over 61% of the vote, with the runner-up Masra falling far behind with over 18.5% of the vote. Gunfire erupted in the capital following the announcement, though it was unclear if it was celebratory.

Preliminary results were initially expected on May 21.

Chad held its long delayed presidential election following three years of military rule, a vote that analysts widely expected the incumbent to win. Deby Itno, also known as Mahamat Idriss Deby, seized power after his father, who spent three decades in power, was killed fighting rebels in 2021.

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The oil-exporting country of nearly 18 million people hasn’t had a free-and-fair transfer of power since it became independent in 1960 after decades of French colonial rule.

Hours ahead of Thursday’s announcement, Masra published a speech on Facebook accusing the authorities of planning to manipulate the outcome.

During the 11-minute speech, Masra appeared in a blue suit at a podium with the national flag in the background and claimed victory, saying the incumbent was planning to reverse the outcome of the vote. He called on Chad’s military, police and other security forces to stop following Deby Itno’s orders.

“These orders will lead you to side with the wrong side of Chad’s history, these orders will lead you to fight your brothers and sisters, these orders will lead you to commit the irreparable and unforgivable,” he said in the speech. “Refuse to obey these unjust orders!”

There was no immediate response from the president’s office.

Chad’s military ruler Derby declared winner of presidential election, opposition kicks

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Civil societies, Togo president on war path over new constitution eliminating elections

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1 week ago

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May 9, 2024

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President Faure Gnassingbe

Civil societies, Togo president on war path over new constitution eliminating elections

The hope of having new leader in Togo has been dashed following the abolition of presidential elections in the West Africa country.

The development follows the signing of a controversial and widely condemned new constitution by President Faure Gnassingbe

The new constitution does not allow for election to the highest office in the land, an arrangement that will see the Gnassingbes consolidate their hold on power and extend their six-decade-long rule.

A statement from Gnassingbe’s office on Monday stated that, under the new legislation, only the parliament will have the power to select the president, eliminating direct elections.

According to Africa News, the election commission on Saturday announced that Gnassingbe’s ruling party had won a majority of seats in the nation’s parliament.

The report revealed that there was a crackdown on civic and media freedoms ahead of the vote, as the government banned protests against the proposed new constitution and arrested opposition figures.

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Also, the electoral commission banned the Catholic Church from deploying election observers.

In mid-April, a French journalist who arrived to cover the elections was arrested, assaulted and expelled. Togo’s media regulator later suspended the accreditation process for foreign journalists.

Provisional results showed the ruling Union for the Republic (UNIR) party won 108 out of 113 seats in parliament, and 137 out of 179 positions in the senate.

The new constitution also increases presidential terms from five to six years and introduces a single-term limit.

However, the almost 20 years that Gnassingbe has already served in office would not count toward that tally.

Togo has been ruled by the same family for 57 years, initially by Eyadema Gnassingbe and then by his son, Faure Gnassingbe, who took office after elections that the opposition described as a “sham.”

The political opposition, religious leaders and civil society say the proposed new constitution makes it likely that Gnassingbe will stay on when his mandate expires in 2025.

They also fear that the creation of a figure similar to a prime minister, to be selected from the ruling party, could become another avenue for Gnassingbe to extend his grip on power even beyond that new term.

Civil societies, Togo president on war path over new constitution eliminating elections

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Father mourns 14-year-old daughter poisoned at school, says ‘I’ve failed you my baby’

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2 weeks ago

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May 5, 2024

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Father mourns 14-year-old daughter poisoned at school, says ‘I’ve failed you my baby’

A father has mourned his 14-year-old daughter, Nomfundo Palesa Tyler Khumalo, who was allegedly poisoned at her school in South Africa.

It was gathered that the incident happened on 8 April 2024 and she passed away on 25 April.

I?ve failed you my baby - South African father mourns his 14-year-old daughter allegedly poisoned at her schoolDetails surrounding the circumstances of her death remain unclear.

A murder case has been opened, and investigations are underway.

The family of Nomfundo is currently struggling to deal with the loss and seeking answers as to why and by whom she was targeted.

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Nomfundo’s father, Gift, on Sunday, May 5, wrote a heartfelt message on X to pay tribute to her.

“Never in my wildest dreams did I think you would end up on this page I’ve failed you my baby , should’ve protected you better we even spoke about you being home schooled after you recover unfortunately.. I’m so sorry If Possible I’d easily give up my life for yours,” he wrote on Sunday, May 5.

In an earlier post, he wrote: “I wish the after life is kinder to souls as precious as yours , there is no boundry for my love to you my baby Not even Death itself Don’t forget to visit us in our dreams more exp your Mother It’s never goodbye when there an after life promised I’ll see you soon my child.”

Father mourns 14-year-old daughter poisoned at school, says ‘I’ve failed you my baby’

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