The Egalitarian Mission for Africa (EMA), an international civil rights group, has taken legal action against the Economic Community of West African States (ECOWAS) regarding the planned military intervention in Niger. The group has urged the court to utilize ECOWAS protocols to halt the intended military operation in Niger. The lawsuit was filed on behalf of EMA by Nigerian lawyer Kayode Ajulo.
Identified as case number ECW/CCJ/APP/3/23, the lawsuit highlights that ECOWAS treaties explicitly forbid aggression among member states. EMA is urging the regional court to invoke pertinent ECOWAS treaties and international laws to prevent the military incursion into Niger.
 The group contends that any military intervention in Niger would amount to an act of aggression between ECOWAS member states. The lawsuit argues that the proposed military action contradicts the obligations outlined in ECOWAS treaties, rendering it unlawful.
Besides EMA, the plaintiffs, in this case, include Prof. Bola Akinterinwa, a former Director General of the Nigerian Institute of the Internal Affairs (NIIA), and Hamza Dantani, a lawyer based in Northern Nigeria.
The defendants named in the lawsuit are ECOWAS itself, the Authority of Heads of State and Government of ECOWAS, the President of the ECOWAS Mission, the Federal Republic of Nigeria, and the Republic of Niger.
The lawsuit specifically identifies that the military intervention would violate Articles 1, 5, 15, 16, 17, 21, 22, and 24 of the African Charter on Human and Peoples' Rights, as well as other relevant provisions.
The lawsuit points to Article 22(2) of the Protocol on the Community Court of Justice, which mandates that when a dispute is brought before the court, member states are obligated to refrain from any actions that could hinder its resolution.
As of now, a hearing date for the lawsuit has not been scheduled. It's important to note that a military faction led by General Abdourhamane Tchiani successfully executed a coup on July 26, overthrowing the civilian and democratic government of President Mohammed Bazoum who has since been detained by the military.
Following the coup, ECOWAS imposed new sanctions on the Niger Republic. The regional bloc had initially given the Niger junta seven days to reinstate President Bazoum, warning of possible sanctions, including military intervention.
However, the coup leaders rejected ECOWAS's demands and declared their intent to resist foreign intervention on their soil. They also severed diplomatic ties with Nigeria, Togo, France, and the United States, in addition to indefinitely closing Nigerien airspace.
At the conclusion of the ultimatum, the regional bloc scheduled a meeting to review the situation in Niger, which was set to take place on Thursday. President Bola Tinubu, who serves as the Chairman of the Authority of Heads of State and Government of ECOWAS, has expressed his commitment to doing everything possible to reinstate President Bazoum, who was ousted by the coup.
