Headline
Why ECOWAS Can’t Justify Intervention In Niger Without UN’s Approval – Falana [SEE LEGAL REQUIREMENTS]
Published
2 years agoon
By
Editor
Human rights lawyer, Femi Falana, SAN, has stated that the Economic Community of West African States needs to be authorised by the United Nations before it can intervene in restoring democratic rule in the military-held Niger Republic.
Coup plotters led by the head of presidential guards, Gen. Abdourahamane Tchiani, held to power after ousting democratically-elected president, Mohamed Bazoum,
In response, the West African bloc, led by President Bola Tinubu, issued sanctions and threatened military intervention in the Sahel region after a seven-day ultimatum was issued.
Nigeria had cut power supply with Niger Republic, who, in turn, cancelled major military operations with France, The PUNCH reports
However, Falana, in a statement released on Sunday, August 6, cautioned that, “the conduct of ECOWAS, as a regional arrangement, is subject to the provisions of the United Nations Charter, particularly article 53(1) and general international law.”
READ ALSO: Coup: Tinubu Meets With Northern Govs Sharing Boundary With Niger
He said, “In addition to the above constitutional mandate, ECOWAS is required to seek and obtain the authorisation of the UN Security Council to launch an attack on a sovereign nation pursuant to article 53(1) of the United Nations Charter. Article 53(1) provides in part, “The Security Council shall, where appropriate, utilise such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorisation of the Security Council…”
“This means that the conduct of the ECOWAS, as a regional arrangement, is subject to the provisions of the United Nations Charter, particularly article 53(1) and general international law,” he added.
Falana, therefore, stated that it’d be illegal if ECOWAS launches any intervention inNiger Republic without the approval of the UN Security Council.
Furthermore, the statement added, “It is also clear that any intervention by ECOWAS, apart from being subject to the authorisation of the Security Council, must be on a collective basis and not a unilateral one.
“In the absence of explicit Security Council authorisation, any intervention by the ECOWAS would be illegal, unless it concerns a situation of self- defence, which is clearly not the case in the situation of the planned intervention in Niger.”
Falana mentioned that, according to section 5(4) of the Constitution of Nigeria 1999 (as amended), the president must seek the approval of both houses of the National Assembly.
See the full statement below:
LEGAL REQUIREMENTS FOR DECLARATION OF WAR AGAINST NIGER REPUBLIC
READ ALSO: Coup: Why President Tinubu Can’t Deploy Troops To Niger – SANs
Notwithstanding the resolution of the Economic Community of West African States to resort to the use of force to flush the military junta in Niger in a bid to restore President Mohamed in Bazoum, the Bola Tinubu administration is mandatorily required to seek the approval of both houses of the National Assembly. This is in compliance with section 5(4) of the Constitution of Nigeria 1999 (as amended), which stipulates as follows:
“(4) Notwithstanding the foregoing provisions of this section:
(a) the President shall not declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly, sitting in a joint session; and
(b) except with the prior approval of the Senate, no member of the armed forces of the Federation shall be deployed on combat duty outside Nigeria.
However, by virtue of section 5(5) thereof, the President, in consultation with the National Defence Council, may deploy members of the armed forces of the Federation on a limited combat duty outside Nigeria if he is satisfied that the national security is under imminent threat or danger:
Provided that the President shall, within seven days of actual combat engagement, seek the consent of the Senate and the Senate shall thereafter give or refuse the said consent within 14 days.
READ ALSO: Niger Coup: 3 Decisions For West Africa As Deadline Nears
In addition to the above constitutional mandate, the ECOWAS is required to seek and obtain the authorisation of the UN Security Council to launch an attack on a sovereign nation pursuant to article 53(1) of the United Nations Charter. Article 53(1) provides in part, “The Security Council shall, where appropriate, utilise such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council….”
This means that the conduct of the ECOWAS, as a regional arrangement, is subject to the provisions of the United Nations Charter, particularly article 53(1) and general international law.
Therefore, the ECOWAS can not justify any intervention in Niger without the authorisation of the Security Council.
It is also clear that any intervention by the ECOWAS, apart from being subject to the authorisation of the Security Council, must be on a collective basis and not a unilateral one.
In the absence of explicit Security Council authorisation, any intervention by the ECOWAS would be illegal, unless it concerns a situation of self- defence, which is clearly not the case in the situation of the planned intervention in Niger.
Femi Falana SAN
The Chair,
Alliance on Surviving Covid 19 and Beyond
6th August, 2023.
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Headline
We’ll Deny You Visa If You’re Traveling To Give Birth, US Tells Nigerians
Published
4 days agoon
July 28, 2025By
Editor
The United States Mission in Nigeria has warned Nigerians planning to travel to the US primarily to give birth to secure American citizenship for their children.
In a post on X, the US Mission stated that using a visa for the main purpose of childbirth is prohibited under US immigration policy.
“Using your visa to travel for the primary purpose of giving birth in the United States so that your child will have U.S. citizenship is not permitted. Consular officers will deny your visa application if they have reason to believe this is your intent,” the US Mission said.
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This warning is coming following the rising scrutiny of visa applications and growing enforcement around what is informally referred to as “birth tourism”, the practice of traveling to the US to give birth so the child obtains automatic citizenship.
Recall that the United States Department of State had also revised its visa reciprocity policy, announcing that most non-immigrant, non-diplomatic visas issued to Nigerian citizens will now be single-entry visas with a three-month validity period.
The US maintained that its visa policies are based on global technical and security benchmarks aimed at protecting the integrity of its immigration systems.
Headline
Three Dead, Several Injured As Train Derails In Germany
Published
4 days agoon
July 28, 2025By
Editor
Three people were killed and several others injured when a regional passenger train derailed in a wooded area in southwestern Germany on Sunday, police said.
About 100 passengers were aboard the train, when the accident occurred at around 6:10 pm (1610 GMT) near the town of Riedlingen in Baden-Wuerttemberg state.
Contacted by AFP, police initially said four people had been killed before correcting their statement to three victims.
Authorities declined to elaborate on the number of injured or how seriously hurt they were, though tabloid Bild cited emergency workers saying there were 50 injured.
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German rail operator Deutsche Bahn confirmed several deaths and numerous injured. Two train carriages had derailed “for reasons yet unknown”, it added.
Authorities were currently investigating the circumstances of the accident, the operator said, and traffic had been suspended over a 40-kilometre (25-mile) stretch of the route.
German media reported that a landslide might have caused the accident as severe storms swept through the region, according to weather services.
The passenger train was travelling from the German town of Sigmaringen to the city of Ulm when it derailed in a forested area.
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– Outdated train infrastructure –
In a post on social media, German Chancellor Friedrich Merz expressed his condolences to the families of those killed.
He added that he was in close contact with both the interior and transport ministers, and had asked them to “provide the emergency services with all the support they need”.
Footage from the scene of the accident showed yellow-and-grey-coloured train carriages lying on their sides, as firefighters and emergency services tried to get to the passengers.
According to local TV station SWR, helicopters arrived shortly after the accident to transport the injured to hospitals in the area, and emergency doctors from nearby hospitals were alerted.
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German transport is regularly criticised by passengers for its outdated infrastructure, with travellers facing frequent train delays, and various technical problems.
The government has pledged to invest several hundred billion euros over the next few years, in particular to modernise infrastructure.
In June 2022, a train derailed near a Bavarian Alpine resort in southern Germany, killing four people and injuring dozens.
Germany’s deadliest rail accident happened in 1998 when a high-speed train operated by state-owned Deutsche Bahn derailed in Eschede in Lower Saxony, killing 101 people.
AFP

At least 11 people were injured in a stabbing at a Walmart store in the Midwestern state of Michigan on Saturday, with police saying it appeared to be a random attack.
A 42-year-old male suspect was in custody, Grand Traverse County Sheriff Michael Shea told a press conference.
“Based on the information that we have at this time, it appears they were random acts,” Shea said of the attack in Traverse City, Michigan.
“The victims were not predetermined,” Shea said, adding that the suspect, a Michigan resident, apparently acted alone and used a “folding knife.”
READ ALSO:
Six victims were in critical condition late Saturday, and five were in serious condition, Munson Healthcare said in a statement.
At least three of the victims were undergoing surgery, according to Shea. The victims included six men and five women.
Michigan Governor Gretchen Whitmer said she was in touch with law enforcement regarding the “horrible news.”
“Our thoughts are with the victims and the community reeling from this brutal act of violence,” Whitmer said in an X post.
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Eyewitness Julia Martell told The New York Times she heard screaming and saw a man with a knife running through the store’s pharmacy section.
Martell said she saw the man shoving and stabbing people as he moved through the store.
The 30-year-old witness described seeing three people with stab wounds and “blood everywhere.”
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Shea said the stabbing spree initially started near the checkout area of the store.
“It is very uncommon for our area,” he said of the violence, adding that citizens in the Walmart “assisted” in apprehending the suspect.
Traverse City is a popular tourist destination located on the shore of Lake Michigan.
FBI Deputy Director Dan Bongino said agents were providing “any necessary support to the Grand Traverse County Sheriff’s Office in their investigation of the attacks at the Walmart.”
AFP
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