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Why ECOWAS Can’t Justify Intervention In Niger Without UN’s Approval – Falana [SEE LEGAL REQUIREMENTS]

Published

2 years ago

August 7, 2023

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.”

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

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.

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.

Related Topics:#Femi Falana #Tinubu ECOWAS Niger UN

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UK Police Arrest Asylum Seeker Sex Offender Mistakenly Freed

Published

8 hours ago

October 26, 2025

Editor

The UK police on Sunday arrested an Ethiopian asylum seeker and convicted sex offender, whose crimes had sparked anti-immigration protests, after he was accidentally released from prison in an embarrassing blunder by British authorities.

London’s Metropolitan Police said officers arrested Hadush Kebatu in the north of the capital on Sunday morning, nearly 48 hours after he was mistakenly freed around 30 miles (48 kilometres) away.

Kebatu, 38, had served the first month of a one-year sentence for sexually assaulting a teenage girl and a woman, but was reportedly due to be deported when the Prison Service error occurred on Friday.

His high-profile case earlier this year in Epping, northeast of London, sparked demonstrations in various English towns and cities where asylum seekers were believed to be housed, as well as counter-protests.

Commander James Conway, who oversaw the manhunt for him, said “information from the public” led officers to the Finsbury Park neighbourhood of London, where he was found.

“He was detained by police but will be returned to the custody of the Prison Service,” he added.

Kebatu is now expected to be deported.

Prime Minister Keir Starmer said Friday he was “appalled” by the “totally unacceptable” mistake that saw him freed rather than sent to an immigration detention centre.

The Telegraph newspaper said he was wrongly categorised for release on licence and handed a £76 ($101) discharge grant.

Police had appealed Saturday for Kebatu to turn himself in, after reports emerged that he had appeared confused and reluctant to leave the prison in Chelmsford, eastern England.

A delivery driver described seeing Kebatu return several times in a “very confused” state, only to be turned away by staff and directed to the railway station.

The driver told Sky News he saw Kebatu outside the jail, asking, “Where am I going? What am I doing?”

“He was starting to get upset, he was getting stressed,” the driver said.

The father of Kebatu’s anonymous teenage victim told the broadcaster that “the justice system has let us down.”

Police arrested the asylum seeker in July after he repeatedly tried to kiss a 14-year-old girl and touch her legs, and made sexually explicit comments to her.

He also sexually assaulted an adult woman, placing a hand on her thigh, when she intervened to stop his interactions with the girl.

He was staying at the time at Epping’s Bell Hotel, where scores of other asylum seekers have been accommodated, and which became the target of repeated protests.

AFP

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Madagascar Revokes Ousted President’s Nationality

Published

9 hours ago

October 26, 2025

Editor

Madagascar’s new government has stripped ousted president Andry Rajoelina of his Malagasy nationality in a decree published Friday, 10 days after he was removed in a military takeover.

According to AFP, the decree means that Rajoelina, who was impeached on October 14 after fleeing the island nation in the wake of weeks of protests, would not be able to contest future election.

The decree published in the official gazette said Rajoelina’s Malagasy nationality was revoked because he had acquired French nationality in 2014, local media reported, as photographs of the document were shared online.

French broadcaster RFI said it had confirmed the decree with the entourage of the new prime minister, Herintsalama Rajaonarivelo, who signed the order.

The decree cited laws stipulating that a Malagasy who voluntarily acquires a foreign nationality loses their Malagasy nationality.

Rajoelina’s French nationality caused a scandal when it was revealed ahead of the November 2023 elections, nearly 10 years after it was granted.

It triggered calls for him to be disqualified but he went on to win the contested polls, which were boycotted by opposition parties.

The 51-year-old politician fled Madagascar after army Colonel Michael Randrianirina said on October 11 his CAPSAT unit would refuse orders to put down the youth-led protest movement, which security forces had attempted to suppress with violence.

Rajoelina said later he was in hiding for his safety, but did not say where.

Randrianirina was sworn in as president on October 14, pledging elections within two years.

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Kamala Harris Hints At Running For President Again

Published

9 hours ago

October 26, 2025

Editor

Former US vice president Kamala Harris said in a British television interview previewed in Saturday that she may “possibly” run again to be president.

Harris, who replaced Joe Biden as the 2024 Democratic presidential candidate but lost to Donald Trump, told the BBC that she had not yet decided whether to make another White House bid.

But the 61-year-old insisted she was “not done” in American politics and that her young grandnieces would see a female president in the Oval Office “in their lifetime, for sure”.

“I have lived my entire career a life of service, and it’s in my bones, and there are many ways to serve.

“I’ve not decided yet what I will do in the future, beyond what I am doing right now,” Harris told the British broadcaster in an interview set to air in full on Sunday.

The comments are the strongest hint yet that Harris could attempt to be the Democratic Party nominee for the 2028 election.

The interview follows the release of her memoir last month, in which she argued it had been “recklessness” to let Biden run for a second term as president.

She also accused his White House team of failing to support her while she was his deputy, and at times of actively hindering her.

AFP