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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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Judge Orders Closure Of Trump’s Controversial ‘Alligator Alcatraz’ Migrant Camp

Published

11 hours ago

August 22, 2025

Editor

A US federal judge on Thursday barred the Trump administration and Florida state government from bringing any new migrants to the detention centre known as “Alligator Alcatraz” and ordered much of the site to be dismantled, effectively shuttering the facility.

Florida’s government swiftly announced it would appeal the decision.

The detention centre was hastily assembled in just eight days in June with bunk beds, wire cages and large white tents at an abandoned airfield in Florida’s Everglades wetlands, home to a large population of alligators.

President Donald Trump, who has vowed to deport millions of undocumented migrants, visited the centre last month, boasting about the harsh conditions and joking that the reptilian predators will serve as guards.

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Japan City Mulls Two-hour Daily Smartphone Limit

Published

12 hours ago

August 22, 2025

Editor

A Japanese city will urge all smartphone users to limit screen time to two hours a day outside work or school under a proposed ordinance that includes no penalties.

The limit, which will be recommended for all residents in central Japan’s Toyoake City, will not be binding, and there will be no penalties incurred for higher usage, according to the draft ordinance.

The proposal aims “to prevent excessive use of devices causing physical and mental health issues… including sleep problems,” Mayor Masafumi Koki said in a statement on Friday.

The draft urges elementary school students to avoid smartphones after 9:00 pm, and junior high students and older are advised not to use them after 10:00 pm.

The move prompted an online backlash, with many calling the plan unrealistic.

“I understand their intention, but the two-hour limit is impossible,” one user wrote on social media platform X.

“In two hours, I cannot even read a book or watch a movie (on my smartphone),” wrote another.

Others said smartphone use should be a decision for families to make for themselves.

The angry response prompted the mayor to clarify that the two-hour limit was not mandatory, emphasising that the guidelines “acknowledge smartphones are useful and indispensable in daily life”.

The ordinance will be considered next week, and if passed, it will come into effect in October.

In 2020, the western Kagawa region issued a first-of-its-kind ordinance calling for children to be limited to an hour a day of gaming during the week, and 90 minutes during school holidays.

It also suggested children aged 12 to 15 should not be allowed to use smartphones later than 9:00 pm, with the limit rising to 10:00 pm for children between 15 and 18.

Japanese youth spend slightly over five hours on average a day online on weekdays, according to a survey published in March by the Children and Families Agency.

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Pope Leo XIV Declares Friday Global Prayer, Fasting Day For Peace

Published

20 hours ago

August 22, 2025

Editor

Pope Leo XIV has declared Friday, August 22, a global day of prayer and fasting for peace, coinciding with the feast of the Queenship of the Blessed Virgin Mary.

The Pope made this announcement on Wednesday during his General Audience in St. Peter’s Square, as reported by Vatican News.

The appeal comes as violence continues to escalate in Ukraine, the Holy Land, and other regions facing armed conflict.

Humanitarian organisations have warned of worsening conditions, with growing numbers of displaced people and civilians caught in the crossfire.

Against this backdrop, the Pope’s call is a spiritual response aimed at awakening both consciences and actions.

“Too many innocent lives are being lost, and too many families are bearing the weight of wars that seem endless.

“We cannot remain indifferent,” Pope Leo said.

He urged the faithful to participate through fasting, prayer, and acts of charity, stressing that these spiritual disciplines are not symbolic gestures alone but catalysts for change.

The chosen date, August 22, coincides with the liturgical celebration of the Queenship of the Blessed Virgin Mary, a feast that honours Mary as a figure of intercession and peace.

By aligning the day with this Marian feast, Pope Leo highlighted the Church’s tradition of entrusting global concerns to Mary’s care.

“Let us ask Mary, Queen of Peace, to help nations rediscover the path of peace. May she intercede for people torn apart by hatred and violence,” he added.

Leaders from conflict zones quickly voiced their support.

Cardinal Pierbattista Pizzaballa, Latin Patriarch of Jerusalem, said, “Prayer is not a magic formula, but it opens hearts where distrust and hatred have grown. It is a step toward rebuilding trust.”

In Ukraine, Bishop Vitalij Skomarovskyj welcomed the initiative as a sign of solidarity, saying, “This call reminds us we are not forgotten. Prayer and fasting have great power; they can change the course of history.”

Alongside his call, Pope Leo reflected on the Church’s teaching that peace cannot thrive on justice alone; it also requires forgiveness.

Drawing from St. John Paul II’s legacy, he said, “True peace cannot exist without justice, but neither can it survive without forgiveness. Forgiveness is not surrender; it is the strength that prevents new wounds.”

This message resonates amid current debates over war reparations, ceasefire negotiations, and transitional justice processes in conflict regions.