ECOWAS Court Strikes Out Sanctions Suit Against Niger

ECOWAS

The ECOWAS Court of Justice has dismissed a suit filed by the Incorporated Trustees of Egalitarian Mission for Africa (EMA) and Professor Bola Akinterinwa concerning the sanctions imposed on Niger following a military coup. Justices Edward Asante, Dupe Atoki, and Sengu Koroma ruled that the case was moot, as the Economic Community of West African States (ECOWAS) had already lifted the sanctions.

The suit, initiated on August 8 by EMA, international relations professor Akinterinwa, and lawyer Nuhu Dantani, claimed personal and professional ties to both Nigeria and Niger. Represented by lawyer Olukayode Ajulo (SAN), the plaintiffs sought to challenge the sanctions imposed after the July 26, 2023 coup in Niger.

During the hearing, Ifunanya Okeke and Emmanuel Patrick represented the applicants, while Mustapha Abubakar and Oluwarotimi Ibitoye from the Federal Ministry of Justice, Abuja, appeared for the first to third respondents. There was no representation for the fourth and fifth respondents.

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Okeke presented all filed processes, including the originating application and motions for interim measures, expedited procedures, hearing dates, and discontinuance. She requested the court's permission to proceed with the application for discontinuance, citing that the issues raised were no longer relevant as the sanctions had been lifted.

The sanctions, which included cutting off electricity supply to Niger and imposing restrictions on movement, were lifted by ECOWAS on February 24 for humanitarian reasons. This included reopening borders, unfreezing central bank and state assets, and resuming commercial transactions.

With no objections from the first to third respondents, the court agreed to strike out the matter. The plaintiffs had argued that the sanctions and any potential military intervention would violate international laws. However, the lifting of sanctions rendered the case obsolete, leading to its dismissal by the court.

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