By Olukayode Idowu
The ECOWAS Court of Justice has adjourned the hearing in the case between the State of Niger, six Nigerien organisations, and a Nigerien national, and the Conference of Heads of State and Government, the Mediation and Security Council and the ECOWAS Commission.
The applicants asked the Court to note the illegality tainting the measures taken by the Conference of Heads of State and Government of ECOWAS during its extraordinary sessions of July 30 and August 10, 2023, aimed at restoring constitutional order in the Republic of Niger. They urged the Court to annul all decisions, including the decision to resort to armed intervention against the Republic of Niger.
An additional application seeking the directive of the Court on interim measures was filed in support of the main application. The applicants requested, on a provisional basis, the suspension of all binding political and economic sanctions as well as the decision to activate and deploy the ECOWAS Standby Force against Niger.
During the hearing, the respondent informed the Court that he had sent a letter to the Court registry requesting an extension of time to file his pleadings. The adjournment will allow the respondent’s lawyer to file its response.
On their part, the applicants refuted the existence of such correspondence, explaining that in the interim, they had written to the Court to inquire about the existence of the respondents’ submissions, and that they had not received a response.
The Court noted that on October 9, 2023, the respondents’ lawyer sent a correspondence marked Exhibit No. 3 in which he requested an extension of time. It granted the request and adjourned the case to November 21, 2023 for hearing on both the interim measures and the substance of the case.
The panel of three (3) judges on the bench is composed of: Hon. Judge Edward Amoako Asante, President, Hon. Judge Gbéri-bè Ouattara, Judge Rapporteur/Member, Hon. Judge Sengu M. Koroma, Member