Africa
By Anthony Isibor
THE Incorporated Trustees of Egalitarian Mission for Africa, EMA, a Non-Governmental Organization, has asked President Bola Ahmed Tinubu, Chairman, Authority of Heads of State & Government of ECOWAS and President of Nigeria to adhere strictly to Article 22(2) of the Protocol on the Economic Community Court of Justice mandates.
According to the Protocol, “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.”
The EMA said a letter sent to President Tinubu on Tuesday, August 8, 2023, that both Tinubu and the ECOWAS Member States had been sued before the ECCJ over their determination to invade Niger by force, while urging them to adhere strictly to the Protocol on the Community Court of Justice mandates.
It added that in the court case, which was brought by Trustees of the EMA, Professor Bola Akinterinwa and Hamza Nuhu Dantani; plaintiffs against ECOWAS, the Authority of Heads of State and Government, President, ECOWAS Commission, The Federal Republic of Nigeria and The Republic of Niger as respondents, EMA called on the Federal Government of Nigeria and other Defendants/Respondents not to foist a fait accompli on an International Court to which charter or protocol she is a High Contracting party.
The ECA disclosed that it lodged the case before the ECCJ because the proposed military intervention in the Republic of Niger would be tantamount to aggression between ECOWAS Member States and would specifically violate Articles I , 5, 15, 16, 17, 21, 22 & 24 of the African Charter on Human and Peoples’ Rights; Articles I (2), 2, 3, 4, 5, 6, 7, 8, 9, I l , 12, 13 &14 of the International Covenant on Economic, Social and Cultural Rights; Articles l, 3, 22, 23 (3), 25 ( l) & 26 of the Universal Declaration of Human Rights 1948; Articles l , 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. I/0 1/05) amending the Protocol (A/P.l/7/9 1) 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 NGO noted that the letter which was signed by Olukayode Ajuo, Zak Babah, Prof. Bukola Akinola, Ifunaya Jemilla Okeke, Rosline Akinsanmi, Ademide Adun, and Patrick Emmanuel, counsels to the plaintiffs, became expedient following 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.
The plaintiffs also urged President Tinubu to use his sacred duty as the Chairman of the Authority of Heads of State and Government of ECOWAS to bring the institution of the Case before ECOWAS Community Court of Justice to the attention of the other Defendants/Respondents and to insist, particularly in other subsequent meetings, that the Defendants/Respondents, 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.
The Non-Governmental Organization with the sole aim of promoting social justice, peace, stability, rule of law and accountability in West Africa believes that the best way to go is to use diplomacy to try and find an amicable solution that will benefit all parties.
The Plaintiffs also contend that the African Charter on Human and Peoples’ Rights contains four core elements of the obligations assumed by states parties under article I of the charter.
“The first element is for states to respect the human and peoples’ rights guarantee; that is, States should do nothing to undermine or violate those rights, and the actions of States must be consistent and compatible with the provisions of the charter.
“The second element, the obligation to protect, is more of a positive nature; that is, states must guarantee that private individuals do not violate these rights. For example, any failure to exercise due diligence to effectively achieve the rights under the charter would violate this obligation. States will still be held accountable for failing or neglecting to guarantee and protect the rights under the charter regardless of whether such violations are directly or indirectly attributable to the State or its officials.
“The third element is the obligation to promote rights, including creating an appropriate environment for building the infrastructure necessary for their enjoyment.
“The fourth element is the obligation to fulfil human rights; that is, States must achieve the rights and freedoms they freely undertake under the charter by moving their legal and institutional machinery towards the actual realisation of these rights.” Any stagnation or retrogressive steps or actions would clearly be inconsistent or incompatible with the effective implementation of this obligation.
Realnews reports that the notification of pendency of case and for strict adherence to the protocol of the CCEJ became necessary, following President Tinubu’s letter to the Senate of the National Assembly of Nigeria, condemning the coup in its entirety and resolving to seek the return of the democratically elected government in the Republic of Niger.
Additionally, the President had also disclosed in the said letter that sanctions will be imposed on the military government of Niger, warning that military personnel will be deployed for military intervention in Niger to enforce compliance of the military junta in Niger.
Although the Nigerian Senate had clarified that President Tinubu’s letter was not a request for approval to go to war against Niger, EMA notes that the implication of that letter would be a full-blown war between Nigeria and Niger, and this would have devastating consequences for both nations, the ECOWAS Community, the rest of Africa and the world at large.
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– Aug. 09, 2023 @ 17:15 GMT |
Tags: Anthony Isibor ECOWAS Egalitarian Mission for Africa Hamza Nuhu Dantani President Bola Ahmed Tinubu Professor Bola Akinterinwa
