The ECOWAS Court of Justice has dismissed a request by the Republic of Niger for the Court to suspend sanctions imposed by the ECOWAS Authority of Heads of State and Government on Niger.
The request for interim measures is part of a broader case brought by the Republic of Niger and seven other applicants challenging the legality of sanctions imposed by ECOWAS following a military coup in the West African country in July 2023 that overthrew the government of President Mohammed Bazoum.
In the ruling delivered by Justice Edward Amoako Asante, the Court acknowledged that it has prima facie jurisdiction over the substantive application.
However, the Court ruled that it could not grant the request for interim measures since the additional requirement for the case to be prima facie admissible had not been met.
The Court explained that the Republic of Niger, as currently controlled by the military junta, lacked prima facie capacity before the Court, making the substantive application prima facie inadmissible.
The substantive application was also held to be prima facie inadmissible in respect of the rest of the Applicants within the meaning of Articles 9(2) and 10(c) of the Protocol of the Court.