The ECOWAS Court of Justice has postponed the hearing in the case involving the State of Niger, six Nigerien organizations, and a Nigerien national, against the Conference of Heads of State and Government, the Mediation and Security Council, and the ECOWAS Commission.
The applicants have raised concerns about the legality of the actions taken by the Conference of Heads of State and Government of ECOWAS during its extraordinary sessions on July 30 and August 10, 2023, which were aimed at restoring constitutional order in the Republic of Niger. They have requested the Court to nullify all decisions made during these sessions, including the decision to resort to armed intervention against Niger.
In addition to the main application, the applicants have also submitted a request for interim measures, seeking the temporary suspension of all binding political and economic sanctions, as well as the activation and deployment of the ECOWAS Standby Force against Niger.
During the hearing, the respondent informed the Court that they had sent a letter to the Court registry, requesting an extension of time to file their pleadings. As a result, the Court has granted an adjournment to allow the respondent’s lawyer to prepare their response.
The applicants, however, contested the existence of such correspondence, explaining that they had previously inquired with the Court about the respondent’s submissions and had not received a response.
The Court acknowledged that on October 9, 2023, the respondent’s lawyer had indeed sent a letter marked Exhibit No. 3, requesting an extension of time. In light of this, the Court has granted the extension and rescheduled the case for hearing on both the interim measures and the substance of the case, which will take place on November 21, 2023.
The panel of judges presiding over the case comprises the following members:
- Hon. Judge Edward Amoako Asante, President
- Hon. Judge Gbéri-bè Ouattara, Judge Rapporteur/Member
- Hon. Judge Sengu M. Koroma, Member
