The ECOWAS Court of Justice has rejected a request by Niger to suspend sanctions imposed by the regional group in response to the coup, the ruling said.
The coup-led government of Niger, as well as individuals and entities that went to the ECOWAS court to challenge the sanctions, "lacked capacity before the Court," the ruling said, calling the events in the West African nation "an unconstitutional change of government."
"In its ruling, the Court held the view that an entity resulting from an unconstitutional change of government, and not acknowledged by ECOWAS as a government of a member state, inherently lacks the capacity to initiate a case before the court with the aim of obtaining benefits or reprieve," the statement said.
In late November, the Republic of Niger, six Nigerien organizations and a Nigerien national complained that the ECOWAS sanctions had adversely affected the people of Niger, causing shortages of food, medicine, and electricity due to Nigeria's border closures and power cuts, and asked the court to immediately lift the restrictive measures.
"They [petitioners] said that ECOWAS overreacted by imposing the sanctions and that Niger was unequally and unfairly treated compared to three other ECOWAS member states (Mali, Burkina Faso and Guinea) that have experienced coup d’états in recent years," the court revealed.
With respect to the non-State applicants who had joined with the Government of Niger in bringing the application, the court found that they "failed to provide specific details regarding the nature and extent of the harm suffered by each of them from the measures imposed on Niger."
On July 26, a coup took place in Niger, in which President Bazoum was overthrown and detained by his own guard, led by General Abdourahamane Tchiani. In response to the developments in Niger, the regional economic bloc ECOWAS imposed a package of sanctions and closed its borders with the landlocked nation.
The regional bloc also threatened to use force if the rebels do not reinstate Bazoum.
The area most affected by the sanctions was Niger's health sector, as the measures hampered the supply of medicines, Himou Boubacar of the Union of Doctors, Pharmacists and Dental Surgeons of Niger told Sputnik Africa in late November.
ECOWAS was established in 1975. Until 2021, It had 15 member states, but since then the membership of Mali, Guinea, Burkina Faso and Niger has been suspended due to military coups.