National News
Nigerien Government Fails Attempt to Stop Sanction Imposed By ECOWAS Head of Governments
Nigerien Government Fails Attempt to Stop Sanction Imposed By ECOWAS Head of Governments
…As ECOWAS Court Throw Out Case
By: Michael Mike
The ECOWAS Court of Justice has thrown out the request of the Republic of Niger for the Court to suspend sanctions imposed by the Economic Community of West African States Authority of Heads of State and Government following the overthrowing of a democratically elected government.
The request for interim measures is part of a broader case brought by the Republic of Niger and seven other applicants challenging the legality of sanctions imposed by ECOWAS following a military coup in the West African country in July 2023 that overthrew the government of President Mohammed Bazoum.
In the ruling delivered on Thursday by Justice Edward Amoako Asante, the Court acknowledged that it has prima facie jurisdiction over the substantive application.
However, the Court ruled that it could not grant the request for interim measures since the additional requirement for the case to be prima facie admissible had not been met.
The Court explained that the Republic of Niger, as currently controlled by the military junta, lacked prima facie capacity before the Court, making the substantive application prima facie inadmissible. The substantive application was also held to be prima facie inadmissible in respect of the rest of the applicants within the meaning of Articles 9(2) and 10(c) of the Protocol of the Court.
At the hearing held on 21 November, 2023 the Applicants represented by their lawyers Mr Moukaila Yaye and five others argued that the sanctions imposed by the Authority of Heads of State and Government of ECOWAS have had adverse effect on the Nigerien people including shortage of food, medicine and electricity, due to the closure of borders and suspension of electricity supply by Nigeria.
They asked the Court for interim orders that will compel the Authority of Heads of State and Government to immediately suspend the sanctions.
They 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.
Mr François Kanga-Penond, who represented the ECOWAS Authority and other respondents in the case told the Court that the Republic of Niger is currently controlled by a military junta which seized power unconstitutionally in violation of ECOWAS legal instruments.
He argued that since such an unconstitutional government which had been denounced by ECOWAS and the international community could not be legally deemed to represent the country, both the substantive application and request for provisional measures were inadmissible. He therefore urged the Court to decline the request for interim measures.
In the substantive application, the applicants -the Republic of Niger, six Nigerien organisations and a Nigerien national –asked the Court to declare the measures taken by the ECOWAS Authority of Heads of State and Government of ECOWAS during its extraordinary sessions of 30 July and 10 August 2023, to restore constitutional order in the Republic of Niger illegal. They requested the Court to nullify all decisions of these ECOWAS organs imposing sanctions, including the decision to resort to military intervention in the Republic of Niger.
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.
Consequently, the substantive suit and the request for interim measures presented in the name of Niger, by an unconstitutional and unrecognized governmental authority, were prima facie inadmissible.
Concerning the seven non-state applicants suing alongside the Republic of Niger, the Court held 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. This lack of specificity made it challenging to differentiate their legal interests in this case from those of the Republic of Niger.
The Court stated that given these circumstances, the application was prima facie inadmissible relative to the non-state applicants as per the provisions of Articles 9(2) and 10(c) of the Protocol of the Court.
Having concluded that the substantive application before the Court was prima facie inadmissible, the Court held that the request for interim measures could not be granted. It accordingly dismissed it.
The panel of judges who delivered the ruling were Justice Edward Amoako Asante, President of the Court and judge rapporteur for the case, and Honourable Justices Gbéri-bè Ouattara and Dupe Atoki.
Nigerien Government Fails Attempt to Stop Sanction Imposed By ECOWAS Head of Governments
VP Shettima Attends AU Heads of State Plenary Session
By: Our Reporter
Vice President Kashim Shettima is attending the plenary of the 39th Ordinary Session of the Assembly of Heads of State and Government of the African Union in Addis Ababa, Ethiopia.
The opening session has drawn leaders from across the continent and beyond, as delegates convene to address critical issues under this year’s theme: “Assuring Sustainable Water Availability and Safe Sanitation Systems to Achieve the Goals of Agenda 2063.”
The Vice President is representing President Bola Ahmed Tinubu at the high-level gathering.
VP Shettima Attends AU Heads of State Plenary Session
National News
Experts Warn Senate Amendment to Electoral Act May Weaken Electronic Transmission Safeguards
Experts Warn Senate Amendment to Electoral Act May Weaken Electronic Transmission Safeguards
By: Michael Mike
A coalition of electoral reform advocates, legal experts and technology specialists has warned that the proposed amendment to Clause 60(3) of Nigeria’s Electoral Act could undermine recent gains in electoral transparency if not carefully revised.
They gave support to the position of the House of Representatives over that of the Senate, stating that the lower legislative arm position on the amendment of the electoral act was a lesser devil than that of the upper chamber.
The position emerged from an Expert Round Table convened in Abuja on Friday by ActionAid Nigeria, YIAGA Africa and the Movement for the Transformation of Nigeria. The meeting brought together academics, civil society leaders, lawyers, engineers, election administrators and governance specialists to examine the implications of the National Assembly’s amendment to Clause 60(3) of the Electoral Act 2022.
At the centre of deliberations was the provision dealing with electronic transmission of election results. While the current law provides for electronic transmission, the Senate’s amendment affirms that manually signed polling unit results remain legally valid if electronic transmission fails. Participants argued that this caveat could reopen long-standing vulnerabilities in Nigeria’s electoral process.
Experts at the forum stressed that credible elections are the bedrock of democratic legitimacy and political stability. They noted that Nigeria’s democratic history has repeatedly been strained by allegations of manipulation, flawed collation processes and protracted post-election litigation. According to participants, strengthening transparency in result transmission is critical to rebuilding public confidence.
A major focus of the discussion was the role of the Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing Portal (IReV) in safeguarding results at polling units. Participants described electronic transmission not merely as a technological innovation but as a protective mechanism against manipulation during collation — historically considered the weakest link in Nigeria’s elections.
Technical experts at the meeting maintained that electronic transmission is largely feasible nationwide, citing data that shows approximately 98 per cent network coverage across polling units, with only about two per cent classified as connectivity blind spots. They recommended targeted infrastructure investment to address these gaps rather than reverting to manual safeguards that could compromise transparency.
Concerns were also raised about legal ambiguities in the proposed amendment. Participants observed that the Senate version does not explicitly mandate electronic transmission through BVAS, nor does it clearly outline procedures in the event of technical failure. This, they argued, could create loopholes and fuel conflicting interpretations between manual and electronically transmitted results.
Another issue highlighted was the legal status of regulations issued by the Independent National Electoral Commission (INEC). Many operational guidelines governing electronic transmission are contained in subsidiary regulations rather than entrenched in the Act itself, potentially weakening their enforceability in court.
The experts warned that ambiguity in the law could increase election petitions and deepen what they described as the “judicialization of politics,” where electoral outcomes are increasingly determined in courtrooms rather than at the ballot box.
Beyond the amendment, participants identified broader institutional challenges affecting electoral integrity, including perceived executive influence in appointments to INEC, vote buying, weak enforcement of electoral offences and political interference. They called for comprehensive reforms to strengthen the independence and technical capacity of the electoral body.
In their resolutions, the roundtable participants reached consensus that electronic transmission should be clearly established in law as the primary and legally binding method for transmitting election results. They expressed preference for the version passed by the House of Representatives, which does not prioritise manually signed results in cases of transmission failure, while recommending further refinements to ensure clarity.
They also urged lawmakers to incorporate key INEC regulations directly into the Electoral Act, reform judicial procedures governing election disputes for faster resolution, and invest in election technology infrastructure.
Looking ahead, the experts advocated a long-term reform agenda that could eventually include electronic voting, drawing from international best practices. They further called on the National Assembly to conduct a public hearing on the technical glitches recorded during the 2023 general elections to prevent recurrence and enhance accountability.
The meeting concluded that Nigeria’s democratic future depends on ensuring that electoral reforms strengthen — rather than dilute — safeguards designed to reflect the true will of voters. Participants pledged continued legislative engagement and public advocacy to protect the integrity of the country’s electoral framework.
Experts Warn Senate Amendment to Electoral Act May Weaken Electronic Transmission Safeguards
Wife of the Vice President of Nigeria in Ethiopia
By: Our Reporter
Wife of the Vice President of Nigeria Hajiya Nana Shettima arrived Addis Ababa With Her Husband, Senator Kashim Shettima to attend the 30th General Assembly of Organization of African First Ladies For Development (OAFLAD) while The Vice President will be attending the 39th Ordinary Session of the Assembly of African Union Heads of States and Government on behalf of President Bola Ahmed Tinubu
Mrs Shettima is Representing First Lady of Nigeria Senator Oluremi Tinubu CON.
The African First Ladies are expected to Focus on internal issues and advance OAFLAD’s strategic priorities.
The 30th General Assembly’s open session under the theme “Building Resilience for Women and Girls: Climate, Conflict, and Sustainable Futures will be held on the 15th of February.
Mrs Shettima who left Abuja this afternoon for Addis Ababa the Capital of Ethiopia will participate in various meetings with African First Ladies spanning for Three Days
Wife of the Vice President of Nigeria in Ethiopia
VP Shettima Attends AU Heads of State Plenary Session
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