ECOWAS Court Strikes Out Suit on Niger Sanctions
The ECOWAS Court of Justice has decided to strike out a lawsuit filed by the Incorporated Trustees of Egalitarian Mission for Africa (EMA) and Prof. Bola Akinterinwa regarding the sanctions imposed on Niger following a military takeover.
Justices Edward Asante, Dupe Atoki, and Sengu Koroma ruled that the suit had become irrelevant due to recent developments where ECOWAS lifted sanctions imposed on Niger.
The suit, filed on August 8 last year by EMA, Prof. Akinterinwa, and lawyer Nuhu Dantani, claimed familial ties to both Nigeria and Niger. Their legal representation was led by Olukayode Ajulo (SAN), with Ifunanya Okeke and Emmanuel Patrick appearing for the applicants.
The respondents named in the suit included ECOWAS, the Authority of Heads of State and Government, ECOWAS Commission President, Nigeria, and Niger.
Mustapha Abubakar and Oluwarotimi Ibitoye from the Federal Ministry of Justice represented the first to third respondents, while there was no appearance for the fourth and fifth respondents.
During the proceedings, Okeke presented all relevant documents, including the originating application and motions, and sought the court’s permission to withdraw the case.
She explained that the sanctions imposed on Niger had been lifted, rendering the issues in the lawsuit moot.
The plaintiffs had initially contested the legality of the sanctions, arguing that any military intervention would violate international laws and called for the restoration of democratic governance in Niger.
One of the sanctions, imposed by Nigeria, included the cutoff of electricity supply to Niger.
However, on February 24, ECOWAS announced the lifting of all sanctions against Niger, citing humanitarian reasons. This included reopening borders, unfreezing assets, and resuming commercial transactions with immediate effect.
In light of these developments, the ECOWAS Court granted the application for discontinuance and subsequently struck out the matter.
The first to third respondents did not oppose the discontinuance nor request any costs.
The outcome of this case marks a resolution in the legal challenge against the sanctions imposed on Niger, reflecting the evolving diplomatic and humanitarian considerations within the ECOWAS region.
