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

Africa

ECOWAS court declines Niger junta’s request to lift sanctions

Published

5 months ago

on

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.

READ ALSO:

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

Related Topics:
Advertisement

Africa

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

Published

2 days ago

on

May 5, 2024

By

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.

READ ALSO:

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’

Continue Reading

Africa

Floods kill over 200 in Kenya, cyclone approaches

Published

4 days ago

on

May 3, 2024

By

Floods kill over 200 in Kenya, cyclone approaches

The death toll from flood-related accidents in Kenya has surpassed 200 since March, the interior ministry announced Friday as a storm approached the Tanzanian coast.

Torrential rains have lashed parts of East Africa, causing flooding and landslides that have wrecked crops, buried homes, and displaced hundreds of thousands of people.

According to a statement from Kenya’s interior ministry, 210 people have died “due to severe weather conditions,” with 22 deceased in the last 24 hours.

More than 165,000 people had been evacuated from their homes, with 90 others missing, increasing concerns that the toll may increase further.

Kenya and adjacent Tanzania, where at least 155 people have died in flooding, are bracing for Cyclone Hidaya, which will bring heavy rain, wind, and waves to their coastlines.

Tanzanian authorities warned Friday that Hidaya had “strengthened to the status of a full-fledged cyclone” around 3:00 a.m. local time (0000GMT), about 400 kilometres (248 miles) from the southeastern city of Mtwara.

READ ALSO:

“Cyclone Hidaya has continued to strengthen further, with wind speeds increasing to about 130 kilometres per hour,” they said in a weather bulletin.

Kenya’s interior ministry predicted that the storm would “bring strong winds and large ocean waves, with heavy rainfall,” and hit the shore on Sunday.

Since September last year, Burundi’s heavier-than-usual rains have killed at least 29 people, injured 175 others, and displaced tens of thousands, according to the United Nations.

The rains have been exacerbated by the El Nino weather pattern, a naturally occurring climate phenomenon that is normally associated with increasing temperatures worldwide, resulting in drought in some regions of the world and torrential downpours in others.

More than 300 people were killed by rains and floods in Kenya, Somalia, and Ethiopia late last year as the area struggled to recover from its worst drought in four decades.

Cyclone season in the southwest Indian Ocean typically lasts from November to April and produces approximately a dozen cyclones every year.

Floods kill over 200 in Kenya, cyclone approaches

Continue Reading

Africa

Man who has lived in America for over 13 years says he’s tired, wants to return home

Published

5 days ago

on

May 1, 2024

By

Man who has lived in America for over 13 years says he’s tired, wants to return home

After 13 years of residing in the United States of America, a Kenyan man has expressed his strong desire to return to his homeland.

The man, whose identity remains undisclosed, reportedly relocated to the US in 2011, initially serving in the military for four years before transitioning into corporate employment.

During his time in the US, he held various positions, including a deployment in Afghanistan, and was earning a substantial salary of $12,000 per month.

READ ALSO:

However, despite the financial security, he found himself grappling with a sense of unfulfillment, realizing that he was sacrificing his most valuable asset (time) for a pursuit that left him with little satisfaction.

In December of the previous year, he reportedly resigned from his corporate job and delve into entrepreneurship, seeking freedom and autonomy in his endeavors.

Man who has lived in America for over 13 years says he’s tired, wants to return home

Continue Reading

Trending

Skip to content