ECOWAS Court of Justice has struck out a suit by Incorporated Trustees of Egalitarian Mission for Africa (EMA) and Prof Bola Akinterinwa on the sanction imposed on Niger following a military takeover.
Justices Edward Asante, Dupe Atoki and Sengu Koroma held that events have overtaken the suit as sanctions imposed on the country have been lifted by Economic Community of West African States (ECOWAS).
The suit was filed last August 8 by EMA, professor of international relations, Akinterinwa and a lawyer, Nuhu Dantani, who claimed to have relatives in Nigeria and Niger.
The suit was filed through their lawyer, Olukayode Ajulo (SAN).
Ifunanya Okeke and Emmanuel Patrick appeared for the applicants.
ECOWAS, the Authority of Heads of State and Government, ECOWAS Commission President, Nigeria and Niger were the respondents.
Mustapha Abubakar and Oluwarotimi Ibitoye from Federal Ministry of Justice, Abuja, appeared for the first to third respondents. There was no appearance for the fourth and fifth.
Okeke identified all processes filed on behalf of the applicants, including the originating application and motions for an interim measure, expedited procedure, hearing date and discontinuance.
She asked for the court’s leave to move her application for discontinuance.
The lawyer informed the court that the originating application was based on the sanction imposed on Niger by ECOWAS following the July 26, 2023 coup.
Okeke said the discontinuance was because events had overtaken the live issues raised in the suit.
She said the electricity supply that was cut off from Niger has been restored and the restriction on freedom of movement lifted.
The first to third respondents did not object to the application and did not ask for costs.
Consequently, the court struck out the matter.
The plaintiffs had challenged the sanctions imposed on Niger, arguing also that any military intervention would be unlawful and amount to a violation of relevant international laws.
To force the restoration of democratic order in Niger, Nigeria cut off electricity supply to the neighbouring country as one of the sanctions.
But, ECOWAS on February 24, lifted the sanctions, including border closures, freezing of central bank and state assets, and suspension of commercial transactions with immediate effect.
It said this was done for humanitarian reasons.