The State of Niger facing West African justice: Mohamed Bazoum’s request examined by the ECOWAS Court of Justice
On November 6, the ECOWAS Court of Justice met to examine the request of the ousted president of Niger, Mohamed Bazoum. The latter demands his immediate release as well as that of his family, and calls for a return to constitutional order in his country, three months after a military coup.
The Bazoum family’s lawyers presented their plea via video link from Dakar, first highlighting the violation of the freedom to come and go. According to them, in the absence of a prosecutor seized or charges notified, Mohamed Bazoum, his wife Hadiza and their son Salem are victims of arbitrary detention, in violation of article 6 of the African Charter of human rights, protected by the ECOWAS Court of Justice.
The deposed president’s defense also denounced the violation of his political rights, affirming that the coup d’état of July 26 prevented Mohamed Bazoum from exercising his presidential functions, which constitutes a serious attack on good governance. The lawyers insisted that the ECOWAS Court of Justice must make a clear decision affirming the illegality of the unconstitutional changes, in order to put an end to coup attempts in the region.
However, Niger State’s lawyer argued that the request was inadmissible, saying that the Bazoum family is not being sequestered but simply kept in their house as a security measure.
Finally, the lawyer for the coup authorities asked the ECOWAS Court of Justice to declare itself incompetent, arguing that it is not intended to restore constitutional order in a country.
The Court will deliver its decision on November 30.
This case highlights the political tensions and legal issues facing Niger since the coup d’état. It also underlines the importance of the ECOWAS Court of Justice in the defense of human rights and democracy in the region. The decision expected on November 30 will be crucial in determining whether Mohamed Bazoum and his family will be released and whether constitutional order can be restored in Niger.