Niger State faces a delicate legal situation, with the ECOWAS Court of Justice examining the petition of the deposed president, Mohamed Bazoum, requesting his immediate release as well as that of his family and the restoration of the constitutional order in the country. Three months after a military coup, this affair highlights the political and legal issues facing Niger.
During the hearing, the Bazoum family’s lawyers argued their dual request. First of all, they raised the question of freedom to come and go, arguing that the absence of a prosecutor seized or charges notified demonstrated that Mohamed Bazoum, his wife and his son were victims of detention arbitrary, in violation of the African Charter on Human Rights. This is where the ECOWAS Court of Justice intervenes, since it is responsible for protecting this article of this charter.
The deposed president’s defense also argued that his political rights had been violated because the July 26 coup prevented Mohamed Bazoum from serving as president. According to lawyers, this constitutes a serious attack on good governance and requires a clear response from the ECOWAS Court of Justice.
The Ivorian lawyer, Florence Loan, stressed the importance for the Court to take a firm decision to put an end to any putschist temptation in the West African sub-region. According to her, the legal instruments in place must be applied concretely, and it is vital to declare unconstitutional changes illegal. She also recalled that the ECOWAS Court of Justice is the competent jurisdiction to make decisions concerning Niger, but also other countries in the region.
In response to these arguments, Niger State’s lawyer argued the “inadmissibility” of the request, asserting that the Bazoum family was not detained, but simply kept in their house for security reasons. Furthermore, he asked the Court to declare itself incompetent, arguing that it was not competent to restore constitutional order in a country.
The decision of the ECOWAS Court of Justice will be rendered on November 30.
This case raises important questions about the protection of human rights and the preservation of constitutional order in the region. The decisions taken by the ECOWAS Court of Justice will have repercussions not only in Niger, but also throughout the West African sub-region.