The Nigerien president, Mohamed Bazoum, held in captivity since the coup d’état of July 26, 2023, can finally hope to regain his freedom. Indeed, the Court of Justice of the Economic Community of West African States (ECOWAS) rendered a decision in favor of his immediate and unconditional release, as well as the return to power of the overthrown president.
This decision comes following a complaint filed by Mohamed Bazoum’s lawyers, claiming numerous violations of his rights. First of all, the right to come and go, since he has been held against his will at the presidential residence for more than four months. Then, the right not to be arrested and detained arbitrarily, a fundamental guarantee of every individual.
The ECOWAS Court of Justice goes further by affirming that the political rights of Mohamed Bazoum were also violated. It therefore demands the restoration of constitutional order in Niger as well as the restitution of state power to the legitimate president.
This court decision constitutes a major victory for Mohamed Bazoum and his supporters. However, it remains to be seen whether the Nigerien authorities, who orchestrated the coup, will comply with this decision. Indeed, the decisions of the ECOWAS Court of Justice are not systematically followed up, and it is up to the member states of the organization to ensure their application.
Despite this, the ECOWAS decision officially constitutes the coup d’état in Niger, thus strengthening the international position of Mohamed Bazoum as legitimate president. In addition, the ECOWAS court of justice set a deadline of one month for the new Nigerien authorities to report on the execution of its decision, thus putting additional pressure on them to respect this judicial decision.
This case echoes the many challenges that African countries face in terms of democracy and respect for the rule of law. As Niger is currently in the grip of a serious political crisis, this court decision offers hope for a peaceful resolution and a return to political stability in the country.
In conclusion, the decision of the ECOWAS Court of Justice in favor of the release of Mohamed Bazoum and the return to power of the ousted president marks an important step in this case. It remains to be seen whether the Nigerien authorities will respect this decision and put an end to this unjust captivity. To be followed closely.