In a recent statement, prominent human rights lawyer Femi Falana, SAN, has cautioned the Economic Community of West African States (ECOWAS) against intervening in Niger Republic without first seeking the authorisation of the United Nations Security Council.
The warning comes amid a one-week ultimatum issued by the President Bola Tinubu-led ECOWAS to the military junta in Niger, demanding the immediate release and reinstatement of Niger’s elected president, Mohamed Bazoum, who has been detained by the military for over 10 days.
According to Falana, the legal obligations of ECOWAS under the United Nations Charter make it imperative for the regional bloc to obtain the consent of the UN Security Council before undertaking any military action in a sovereign nation. He cited Article 53(1) of the United Nations Charter, which states that the Security Council shall use regional arrangements or agencies for enforcement actions only with its authority.
Falana emphasised, "No enforcement action shall be taken under regional arrangements or by regional agencies without the authorisation of the Security Council." This underscores that any intervention by ECOWAS must align with the provisions of the United Nations Charter and international law.
"The ECOWAS cannot justify any intervention in Niger without the authorisation of the Security Council," Falana stated firmly, adding that such an intervention must be on a collective basis and not a unilateral one.
Moreover, he asserted that any attempt by ECOWAS to intervene in Niger without explicit Security Council authorisation would be deemed illegal, unless the intervention is in response to a situation of self-defense, which is not the case in the planned intervention in Niger.