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West Africa’s top court rejected a request by Niger’s junta for a lifting of coup-related sanctions imposed by its neighbors. The court ruled that the junta was unconstitutional and therefore lacked the authority to make such a request.
Following the July coup that toppled Niger’s President Mohamed Bazoum, the West African regional bloc ECOWAS imposed sanctions including closing borders with the member country, suspending financial transactions, and freezing Niger’s assets. Neighbouring Nigeria cut off power that supplied 70% of Niger’s electricity.
The de facto government of Niger and natural persons and legal entities challenged the sanctions at the ECOWAS Court of Justice in Abuja. They argued they were causing severe hardship for Niger’s people, mainly due to curtailing supplies of food and medicine. Niger’s coup leaders asked for a provisional halt to the sanctions pending a final judgment on the issue.
Justice Dupe Atoki, while delivering the ruling, called Niger’s junta the result of an unconstitutional change of government and said that it was not recognized as a member state of the regional bloc. Therefore, to the extent that the request for provisional measures in the name of Niger has been brought by an unconstitutional and unrecognized government, it was inadmissible, the ruling said.
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The ruling could further complicate efforts to resolve the political crisis in Niger and return the country to civilian rule. The junta, which has appointed a prime minister, has set a possible three-year timeline to return power to civilians, which ECOWAS has rejected. Togo’s President Faure Gnassingbé – who is the mediator between Niger and the regional bloc – was on a visit to Niger ahead of an ECOWAS summit scheduled on Sunday in Abuja to discuss the coup in Niger and other political crises across West Africa.
