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Niger Coup: Group Drags ECOWAS, Tinubu Before Regional Court, Warns Against Military Action
An International Group, Egalitarian Mission for Africa (EMA) has dragged President Bola Tínubu of Nigeria before the Economic Community of West African States (ECOWAS) Court of Justice, seeking order of the court to stop the planned military action against the Republic of Niger.
The group in the suit instituted on its behalf by a Nigerian lawyer, Dr Oluwakayode Ajulo, is praying the Regional Court to invoke relevant ECOWAS treaties and international laws to stop the military invasion of Niger Republic being spearheaded by the Nigerian Government.
The grouse of the Civil group, among others, is that the planned military action or invasion will run foul of the obligations in the ECOWAS treaties and therefore amount to illegality.
The suit marked ECW/CCJ/APP/3/23 emphasized categorically that ECOWAS treaties prohibit aggression among member States.
Apart from the Egalitarian Mission for Africa (EMA), other plaintiffs in the matter are a former Director General of the Nigerian Institute of Internal Affairs (NIIA), Professor Bola Akinterinwa and a Nigerian Northern Region lawyer, Hamza Nuhu Dantani.
The defendants are ECOWAS, Heads of ECOWAS Mission, President of ECOWAS Mission, Federal Republic of Nigeria and Republic of Niger.
A military group had on July 26 toppled the civilian and democratic government of President Mohammed Bazoun who has since been clamped into unlawful military detention.
Although the three plaintiffs in the regional suit described the coup d’etat as most unfortunate, they, however, warned that Nigeria should not travel the dangerous road of military hostilities that may further escalate the crisis in Niger Republic.
According to them, over 300,000 refugees, mainly Nigerian citizens, have already fled Niger Republic, adding that military action against Niger Republic would lead to breach of fundamental rights to life, right to dignity of human persons and liberty to life.
The plaintiffs, therefore, prayed the ECOWAS Court of Justice for a restraining order against any form of military action that may undermine the sovereignty and the territorial integrity of Niger Republic.
Besides the Court action, the plaintiffs through Ajulo wrote a strongly worded letter to President Tinubu, notifying him of pendency of the suit and the need to respect and obey the rule of law.
The letter dated August 8, 2023 is entitled “NOTIFICATION OF PENDENCY OF CASE BEFORE THE ECOWAS COMMUNITY COURT OF JUSTICE; CALL FOR STRICT ADHERENCE TO THE PROTOCOL OF THE HONOURABLE COURT THE ECOWAS COMMUNITY COURT OF JUSTICE”.
It read in part, “We are Counsel to the Plaintiffs/Applicants in the above case before the ECOWAS Community Court of Justice and it is on their firm and unequivocal instructions that we write.
“Sequel to the Resolution and several sanctions imposed by the ECOWAS in the aftermath of the unfortunate and unconstitutional takeover of the democratically elected Government of the Republic of Niger, we have lodged a Case before the ECOWAS Community Court of Justice in an application for reliefs as the proposed military intervention in the Republic of Niger would be tantamount to aggression between ECOWAS Member States.
“The intervention will specifically violate Articles 1, 5, 15, 16, 17, 21, 22 & 24 of the African Charter on Human and Peoples’ Rights; Articles 1 (2), 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13 & 14 of the International Covenant on Economic, Social and Cultural Rights; Articles 1, 3, 22, 23 (3), 25 (1) & 26 of the Universal Declaration of Human Rights 1948; Articles 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 of the Declaration on the Right to Development 1986; Articles 6, 15, 31, 63 & 64 of the Revised Treaty of the Economic Community of West African States; Article 10 of the Supplementary Protocol (A/SP.1/01/05) amending the Protocol (A/P.I/7/91) relating to the Community Court of Justice and Articles 10 (c), 22, 26, 27, 28, 56 of the ECOWAS Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peace– Keeping and Security 1999.
“The Case, an official copy of which has been duly served on your Excellency through the ECOWAS Secretariat, 101, Yakubu Gowon Crescent, Asokoro, Abuja, has invoked the jurisdiction of the International Court to consider conventions, treaties, Protocols and regulations to which your Excellency and the Federal Republic of Nigeria are signatories and which override the resolutions, sanctions, domestic law and practices and which the ECOWAS Community Court of Justice has been called upon to declare illegal. Another copy of the Case is attached for your informed action.
“We wish to further draw your attention to Article 22(2) of the Protocol on the Community Court of Justice which mandates that “When a dispute is brought before the Court, Member states or institutions of the Community shall refrain from any action likely to aggravate or militate against its settlement”
“In the Case before the ECOWAS Community Court of Justice, The Economic Community of West African States (ECOWAS), Authority of Heads of State and Government (of which your Excellency is the Chairman), President, ECOWAS Commission, The Federal Republic of Nigeria (of which your Excellency is the President and Commander-in-Chief of the Armed Forces) have been sued as sovereign legal representatives of respective institutions including the Republic of Niger.
“It is your Excellency’s sacred duty as the Chairman of the Authority of Heads of State and Government of ECOWAS and the President and Commander-in-Chief of Armed Forces of Federal Republic of Nigeria under your hand to bring the institution of the Case before ECOWAS Community Court of Justice to the attention of the other Defendants/Respondents and to insist, particularly in your Excellences’ subsequent meetings, that the Defendants/Respondents, refrain from taking any action in respect of the subject matter pending the determination of the case, in view of your Excellency and Nigeria’s protocol obligation under the Article above quoted.
“Your Excellency, it is our firm confidence that by your enviable knowledge of high international standard of due adherence to the rule of law and respect for the supranational judicial process obtainable in a Case of this nature, we need not further stress the need to ensure that all the Defendants/Respondents concerned maintain the status quo presently obtaining, and restrain themselves from taking any step susceptible to being regarded by the ECOWAS Community Court of Justice and international Community as prejudicial to the interest of our client or any of the parties in court.
“Your Excellency would agree with us that as the law stands presently, the Resolution on proposed military actions be discontinued pending the determination of the Case by the ECOWAS Community Court of Justice.
“The Federal Government of Nigeria and other Defendants/Respondents have never been known to confront the international judicial system nor subject themselves to international ridicule and is beyond mischievously foisting a fait accompli on an International Court to which charter or protocol she is a High Contracting party.
“It is without any reservation that we proceed on the common ground that your Excellency would use your good offices as the Chairman, Authority of Heads of State and Government of ECOWAS and President & Commander-in-Chief of Armed Forces of the Federal Republic of Nigeria to adhere and advise compliance on the part of the afore-listed defendants.
“While thanking you for your adherence to the rule of law, please accept the assurance of our warmest professional regards.”
Islamic cleric Sheikh Ahmad Gumi recently defended his past interactions with armed groups, stating he “took the bull by the horns” in 2021 as a necessary step to address Nigeria’s insecurity.
In a post shared on Facebook on Thursday, Gumi said decades of neglect of disadvantaged populations had created deep socio-economic inequalities, leaving many youths vulnerable to manipulation by external forces seeking to destabilise the country.
According to him, the widening gap between the rich and the poor has turned many young people into “ready-made foot soldiers” in cycles of violence that enable the exploitation of Nigeria’s resources.
He also criticised the political class for being largely unresponsive, while noting that the intellectual community is preoccupied with survival struggles.
Reflecting on his past efforts, Gumi said he “took the bull by the horns” in 2021 by attempting to reintegrate violent elements into society rather than allowing them to be further radicalised.
He wrote: “Nigeria for decades has ignored the underprivileged section of its society. There is a significant socio-economic discrepancy, and the society is stratified. This makes our teaming youth ready-made foot soldiers for any foreign interest trying to divide us and rule. To plunder our resources while we are involved in a vicious circle of violence.
”Unfortunately, the political class is unattentive while the intelligentsia is held hostage in the struggle for existence.
“In 2021, I took the bull by the horns in an attempt to bring some of these uncouth elements back to our fold rather than letting them be exploited by the devil.
“I still believe this is the only way out of our predicament. However, it needs the political will and determination to achieve.
“May Allah bring peace back to our nation.”
The Federal High Court in Abuja rejected an ex-parte application seeking to bar Senator Ireti Kingibe from participating in the activities of the African Democratic Congress (ADC).
Justice Peter Lifu declined the request from Wuse Ward leaders, ruling that such an order could not be granted without first hearing from the senator.
Instead, the judge ordered the ward leaders said to be loyal to the Minister of the FCT, Nyesom Wike, to put the senator on notice to appear in court to join issues with them on their grievances.
Justice Lifu in a ruling on Thursday held that discretion in such a request for prohibition from party activities and in political matters must be exercised judicially and judiciously.
The judge said justice would be met in the case of the plaintiffs only when the side of the defendant is heard on its merit, along with that of the plaintiffs.
Consequently, the judge ordered that Senator Ireti Kingibe should be served with all court processes by the plaintiffs to enable her become aware of the suit and to prepare her defense.
The judge fixed April 20, 2026, for the plaintiffs and the serving senator to appear before him for hearing of all applications in the matter.
Those who sued the senator in the suit marked FHC/ABJ/ CV/539/2026 are Okezuo Godfrey Anayo and Isaiah Ojonugwa Samuel, on behalf of themselves and ward members as plaintiffs. The senator is the sole defendant.
In their ex-parte application, Kingibe representing the FCT in the Senate was said to have been suspended on March 10, 2026 by her Wuse Ward executives following allegations of anti-party activities and disregard of your cnstitution of the ADC.
In the ex- parte application filed on their behalf by a Senior Advocate of Nigeria, SAN, Kolawole Olowookere, the aggrieved ADC members in Wuse Ward applied for an order of interim injunction restraining Kingibe from parading herself as a member of party, pending the hearing and determination of their motion on notice for interlocutory injunction.
They also asked the judge to restrain the senator from performing any function, attending meetings or performing activities reserved for ADC members or representing the party in any activities.
Besides, the Ward Executive Committee had asked that she be restrained from further interfering with the administration of the ward, ward register and other activities.
The suit was predicated on five grounds among which are that Mrs Kingibe was placed on suspension due to anti-party activities, gross misconduct and confiscation of the ward statutory records.
They argued that the suspension followed due process as enshrined in the ADC constitution and ratified by the two thirds majority of the EXCO members.
They averred that despite the communication of the suspension to Kingibe, she has continued to hold parallel meetings, issue press statements as an ADC member, and using her security details to intimidate the executive committee.
“Her actions constitute flagrant disregard to the internal mechanism of the party,” the plaintiffs stated.
Meanwhile, a lawyer, Abubakar Marshall who claimed to be representing the senator, announced that he had filed a preliminary objection against the suit. He added that it was served on M. S. Garba, who stood for the plaintiffs at Thursday’s proceedings.
The Chief of Army Staff (COAS), Lieutenant General Waidi Shaibu, visited Jos, Plateau State, on Thursday, April 2, 2026, to lead a high-powered security assessment following recent security breaches.
The visit was aimed at strengthening public confidence and reinforcing ongoing efforts to stabilize affected communities.
Colonel Appolonia Anele, acting Director, Army Public Relations, said in a statement that the visit forms part of ongoing efforts to restore calm and entrench lasting peace across the state.
According to the statement, upon arrival, the COAS was received by the Executive Governor of Plateau State, Caleb Mutfwang, in a clear demonstration of strong civil-military cooperation and a shared commitment to addressing emerging security challenges.
The statement said the COAS received a comprehensive operational briefing from the General Officer Commanding 3 Division and Commander, Joint Task Force Operation ENDURING PEACE, Major General Folusho Oyinlola, who highlighted ongoing operations and proactive measures being implemented in synergy with other security agencies to contain threats, protect lives and property, and stabilise affected communities.
“As part of his engagements, Lieutenant General Shaibu also interacted with community leaders and residents, reassuring them of the unwavering commitment of the Nigerian Army to safeguarding all law-abiding citizens.
He urged residents to remain calm, vigilant and supportive of security agencies by complying with the curfew and cooperating fully with ongoing operations and investigations, while going about their lawful activities.
The chairman of Jos North Local Government Area, Hon. Dachung Bagos, commended the COAS for the timely visit, noting that the presence of the nation’s top military leadership would boost public confidence and reinforce trust in ongoing security efforts.
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