Mohammed Shosanya
An international civil group, Egalitarian Mission for Africa (EMA) has sued President Bola Tinubu of Nigeria at the Economic Community of West African (ECOWAS) Court of Justice, over plans to deploy military action in a bid to reinstate the ousted democratically elected government in Niger Republic.
The suit which seeks to invoke the ECOWAS protocols to halt the planned military action was filed on behalf of EMA by a Nigerian lawyer, Dr Kayode Ajulo.
Other plaintiffs in the suit are a former Director General of the Nigerian Institute of Internal Affairs (NIIA), Professor Bola Akinterinwa and a Nigerian lawyer, Hamza Nuhu Dantani.
Defendants are ECOWAS, Authority of Heads of State & Government of ECOWAS, President of ECOWAS Mission, Federal Republic of Nigeria and Republic of Niger.
The group wants the ECOWAS Court to invoke relevant treaties of the regional body and international laws to stop the military invasion of Niger Republic being spearhead by the Nigerian Government.
The group said that the planned military action or invasion will run foul of the obligations in the ECOWAS treaties and therefore amounting to illegality.
The plaintiffs averred that Nigeria should not travel the dangerous road of military hostilities that may further escalate the crisis in the Niger Republic.
The suit marked ECW/CCJ/APP/3/23, stated that ECOWAS treaties prohibit aggression among member states.
The plaintiffs are seeking the ECOWAS Court to restrain any form of military action in Niger Republic that may undermine the sovereignty and the territorial integrity of Niger Republic.
The plaintiffs’ counsel, Dr Ajulo, in a letter to President Tinubu, notified the ECOWAS Chairman of the pendency of the suit and invoking the Protocol of the ECOWAS Court on the need to respect and obey the rule of law as well as to refrain from doing what will militate against the subject matter.
The letter is entitled: “Notification of Pendency of case before the ECOWAS Community Court of Justice; Call For Strict Adherence To The Protocol of the Honourable Court of the ECOWAS Commumity Court of Justice”.
It reads in part: “We are Counsel to the Plaintiffs/Applicants in the above case before the ECOWAS Community Court of Justice and it is on their firm and unequivocal instructions that we write.
“Sequel to the Resolution and several sanctions imposed by the ECOWAS in the aftermath of the unfortunate and unconstitutional takeover of the democratically elected Government of the Republic of Niger, we have lodged a Case before the ECOWAS Community Court of Justice in an application for reliefs as the proposed military intervention in the Republic of Niger would be tantamount to aggression between ECOWAS member states.
“The intervention will specifically violate Articles 1, 5, 15, 16, 17, 21, 22 & 24 of the African Charter on Human and Peoples’ Rights; Articles 1 (2), 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13 & 14 of the International Covenant on Economic, Social and Cultural Rights; Articles 1, 3, 22, 23 (3), 25 (1) & 26 of the Universal Declaration of Human Rights 1948; Articles 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 of the Declaration on the Right to Development 1986; Articles 6, 15, 31, 63 & 64 of the Revised Treaty of the Economic Community of West African States; Article 10 of the Supplementary Protocol (A/SP.1/01/05) amending the Protocol (A/P.I/7/91) relating to the Community Court of Justice and Articles 10 (c), 22, 26, 27, 28, 56 of the ECOWAS Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peace– Keeping and Security 1999.
“The case, an official copy of which has been duly served on your Excellency through the ECOWAS Secretariat, 101, Yakubu Gowon Crescent, Asokoro, Abuja, has invoked the jurisdiction of the International Court to consider Conventions, Treaties, Protocols and Regulations to which your Excellency and the Federal Republic of Nigeria are signatories and which override the resolutions, sanctions, domestic law and practices and which the ECOWAS Community Court of Justice has been called upon to declare illegal.
“We wish to further draw your attention to Article 22(2) of the Protocol on the Community Court of Justice which mandates that “When a dispute is brought before the Court, Member states or institutions of the Community shall refrain from any action likely to aggravate or militate against its settlement”.
“In the Case before the ECOWAS Court of Justice, the ECOWAS Authority of Heads of State and Government (of which your Excellency is the Chairman), President, ECOWAS Commission, The Federal Republic of Nigeria (of which your Excellency is the President and Commander-in-Chief of the Armed Forces) have been sued as sovereign legal representatives of respective institutions including the Republic of Niger.
“It is your Excellency’s sacred duty as the Chairman of the Authority of Heads of State and Government of ECOWAS and the President and Commander-in-Chief of Armed Forces of Federal Republic of Nigeria under your hand to bring the institution of the Case before ECOWAS Community Court of Justice to the attention of the other Defendants and to insist, particularly in your Excellences’ subsequent meetings, that the Defendants refrain from taking any action in respect of the subject matter pending the determination of the case, in view of your Excellency and Nigeria’s protocol obligation under the Article above quoted.
“Your Excellency, it is our firm confidence that by your enviable knowledge of high international standard of due adherence to the rule of law and respect for the supranational judicial process obtainable in a Case of this nature, we need not further stress the need to ensure that all the Defendants concerned maintain the status quo presently obtaining, and restrain themselves from taking any step susceptible to being regarded by the ECOWAS Community Court of Justice and international Community as prejudicial to the interest of our client or any of the parties in court.
“Your Excellency would agree with us that as the law stands presently, the Resolution on proposed military actions be discontinued pending the determination of the Case by the ECOWAS Community Court of Justice.
“The Federal Government of Nigeria and other Defendants have never been known to confront the international judicial system nor subject themselves to international ridicule and is beyond mischievously foisting a fait accompli on an International Court to which charter or protocol she is a High Contracting party.
“It is without any reservation that we proceed on the common ground that your Excellency would use your good offices as the Chairman, Authority of Heads of State and Government of ECOWAS and President & Commander-in-Chief of Armed Forces of the Federal Republic of Nigeria to adhere and advise compliance on the part of the afore-listed defendants.
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“While thanking you for your adherence to the rule of law, please accept the assurance of our warmest professional regards”
