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The International Group known as the Egalitarian Mission for Africa (EMA) has taken legal action against President Bola Tinubu of Nigeria, lodging a case before the Economic Community of West African States (ECOWAS) Court of Justice. The organization is seeking a court order to halt the planned military intervention against the Republic of Niger, which is currently being pursued by the Nigerian Government.
The lawsuit, presented on behalf of the EMA by Nigerian lawyer Dr. Oluwakayode Ajulo, calls upon the ECOWAS Court to invoke applicable ECOWAS treaties and international laws to prevent the military incursion into Niger Republic orchestrated by the Nigerian Government.
The central concern of the EMA includes a contention that the planned military intervention would contravene obligations stipulated in ECOWAS treaties, thus constituting an unlawful act.
The suit, identified as ECW/CCJ/APP/3/23, expressly highlights that ECOWAS treaties prohibit aggression between member states.
Aside from the Egalitarian Mission for Africa (EMA), the plaintiffs in the case include Professor Bola Akinterinwa, a former Director General of the Nigerian Institute of Internal Affairs (NIIA), and Hamza Nuhu Dantani, a lawyer from the Nigerian Northern Region.
The defendants named in the lawsuit are ECOWAS, the Heads of ECOWAS Mission, the President of ECOWAS Mission, the Federal Republic of Nigeria, and the Republic of Niger.
A military group executed a coup d’état on July 26, overthrowing the democratically elected government of President Mohammed Bazoun, who is currently in unlawful military detention.
While the plaintiffs describe the coup as regrettable, they caution against Nigeria resorting to military hostilities, which could potentially exacerbate the crisis in Niger Republic. They point out that over 300,000 refugees, mostly Nigerian citizens, have already fled Niger Republic due to the situation, adding that a military action against the country could infringe upon fundamental rights such as the right to life, the right to dignity, and the right to liberty.
The plaintiffs have thus implored the ECOWAS Court of Justice to issue a restraining order against any form of military action that could compromise the sovereignty and territorial integrity of Niger Republic.
In addition to the legal action, the plaintiffs, through their legal representative Ajulo, have also sent a strongly-worded letter to President Tinubu. The letter, dated August 8, 2023, notifies the president of the pending lawsuit and underscores the necessity of adhering to and respecting the rule of law. The letter calls for strict adherence to the protocol of the ECOWAS Community Court of Justice and emphasizes the need for restraint in light of the case.
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