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W. African court orders Niger’s President to be released & reinstated

A court of the West African regional bloc ordered the release and reinstatement of Niger’s democratically elected president Friday, nearly five months after he was overthrown by mutinous soldiers. The ECOWAS Court of Justice ruled that President Mohamed Bazoum and his family were arbitrarily detained and called for him to be restored to office, his legal team said in a statement.

Quick Read

  1. ECOWAS Court Orders Release and Reinstatement: The ECOWAS (Economic Community of West African States) Court of Justice ordered the release and reinstatement of Niger’s democratically elected president, Mohamed Bazoum, nearly five months after he was overthrown by mutinous soldiers.
  2. Ruling on Arbitrary Detention: The court ruled that President Bazoum and his family were arbitrarily detained and called for his restoration to office, as stated by his legal team.
  3. Bazoum’s House Arrest: Since the coup in July, Bazoum has been under house arrest with his wife and son, without access to a judge or information on proceedings against them. They have been isolated, with only a doctor allowed to visit.
  4. Significance of the Ruling: This ruling is noted as the first binding order from an international court demanding the restoration of democratic rule in Niger.
  5. Authority of the ECOWAS Court: The ECOWAS Court of Justice is the regional bloc’s main judicial body. Its decisions are final, not subject to appeal, and binding on all ECOWAS institutions and national courts of member nations.
  6. Niger’s Strategic Importance: Before Bazoum’s removal, Niger was a crucial security partner in the Sahel for Western countries, an area heavily impacted by Islamic extremist groups.
  7. ECOWAS Sanctions and Junta’s Response: Despite strict economic and trade sanctions imposed by ECOWAS on Niger, the ruling junta has refused to release or reinstate Bazoum.
  8. Recognition of Junta and Sanctions Continuation: West African heads of state have officially recognized the junta in power in Niger but maintained sanctions aimed at reversing the July coup, alongside initiating steps for a transition to civilian rule.
  9. Uncertainty and Potential Impact: The outcome and impact of the ECOWAS court ruling remain uncertain, though Bazoum’s lawyers believe it adds significant pressure for his reinstatement.
  10. Legal and Democratic Implications: The ruling is viewed as a major judicial victory for democracy and the rule of law in the region, providing legal support for those advocating for Bazoum’s full restoration.

The Associated Press has the story:

W. African court orders Niger’s President to be released & reinstated

Newslooks- DAKAR, Senegal (AP)

A court of the West African regional bloc ordered the release and reinstatement of Niger’s democratically elected president Friday, nearly five months after he was overthrown by mutinous soldiers.

The ECOWAS Court of Justice ruled that President Mohamed Bazoum and his family were arbitrarily detained and called for him to be restored to office, his legal team said in a statement.

Bazoum has been under house arrest with his wife and son since the July coup. The family hasn’t been given access to a judge or informed of proceedings against them and have remained in their residence cut off from the world, with a doctor the only visitor, the president’s lawyers said.

In this image taken from video provided by ORTN, Gen. Abdourahmane Tchiani makes a statement Friday, July 28, 2023, in Niamey, Niger. Niger state television identified him as the leader of the National Council for the Safeguarding of the Country, the group of soldiers who said they staged the coup against President Mohamed Bazoum. (ORTN via AP)

They said Friday’s ruling was the first binding order from an international court on restoring Niger to democratic rule,.

The Court of Justice is the regional bloc’s main judicial body. The court’s decisions are not subject to appeal and are binding on all ECOWAS institutions, including the Conference of Heads of State, Parliament and Commission, and on all national courts of member nations.

Before Bazoum was forcibly removed from power, Niger was the West’s last major security partner in the Sahel, the vast region south of the Sahara Desert that Islamic extremist groups have turned into a global terror hot spot.

From left; President of the ECOWAS Commission, Mousa Tourey, ECOWAS Special Envoy to Republic of Niger, General Abdulsalami Abubakar, Niger ousted President Mohamed Bazoum and Sultan of Sokoto Alhaji Muhammad Saad Abubakar III, pose in Niamey, Niger, Saturday, Aug. 19, 2023. The delegation from regional nations came to Niger in a last-ditch diplomacy effort to reach a peaceful solution with mutinous soldiers who ousted the country’s president last month. (AP Photo)

While ECOWAS has imposed strict economic and trade sanctions on Niger, it’s struggled to get concessions from the ruling junta, which has refused to release or reinstate Bazoum.

West African heads of state on Sunday officially recognized the junta in power in Niger, but said their sanctions to reverse the July coup in the country would remain even as they initiate steps for a “short” period of transition to civilian rule.

FILE – Mohamed Toumba, one of the soldiers who ousted Nigerian President Mohamed Bazoum, addresses supporters of Niger’s ruling junta in Niamey, Niger, Sunday, Aug. 6, 2023. The U.S. is making precautionary plans to evacuate two key drone and counter-terror bases in Niger if that becomes necessary under the West African nation’s new ruling junta. That word came Friday, Aug. 18, from the Air Force commander for Africa, Gen. James Hecker. The Air Force general stressed to reporters in Washington that there had been no U.S. decision to evacuate Niger, which has been the United States’ top counter-terror outpost in West Africa’s Sahara and Sahel regions. (AP Photo/Sam Mednick, File)

It’s unclear if Friday’s ruling will yield any movement, but his lawyers say it adds pressure.

“It’s a stunning judicial victory for democracy and the rule of law,” Reed Brody, an American human rights lawyer who serves on Bazoum’s legal team, told The Associated Press. “It gives legal ammunition to those pressing for his full restoration.”

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