SAHARA REPORTERS
The Senior Advocate of Nigeria also urged the leaders of ECOWAS to approve the proposed limit tenure of elected African presidents to two terms without any further delay.
Human rights lawyer, Femi Falana, SAN, has urged the leaders of the Economic Community of West African States (ECOWAS) to support the struggle to end the “reckless exploitation of the mineral resources” of Mali, Niger Republic, Burkina Faso and Guinea and other African countries by imperialism.
The Senior Advocate of Nigeria also urged the leaders of ECOWAS to approve the proposed limit tenure of elected African presidents to two terms without any further delay.
According to the Senior Advocate of Nigeria, this is in view of the wave of military coup d’etat sweeping across the region.
He noted that Gambia and Togo opposed the proposal in 2015, while in 2022, the proposal was also opposed by Cote d’Ivoire, Senegal, and Togo.
Falana who made this known at the West Africa Civil Society Week (WACSW) on August 29, 2023, held in Lagos, said apart from one or two member states of the ECOWAS, democracy cannot be said to have come to stay in the region.
He explained that the extent to which the wind of coup d’etat is blowing across the continent ought to be arrested by progressive forces in Africa, adding that ECOWAS leaders should appreciate the anti-imperialist dimension of the political crisis in Burkina Faso, Mali, Guinea and Niger.
According to Falana, ECOWAS should support the struggle to end the reckless exploitation of the mineral resources of the four countries and other African countries by imperialists.
He said, “Following the manipulation of constitutions to pave the way for tenure elongation by elected presidents, Ecowas leaders proposed to limit the tenure of elected presidents to two terms.
“In 2015, The Gambia and Togo opposed the proposal. In 2022, the proposal was opposed by Cote d’Ivoire, Senegal, and Togo. In view of the wind of military coup d’etat sweeping across West Africa, Ecowas should approve the proposal without any further delay.
“Happily, Ecowas leaders have abandoned the plan to wage a war against Niger Republic. Since Ecowas has opted for dialogue and the military junta in Niger has proposed a 3-year political transition, the sanctions imposed by Ecowas should be lifted. As a matter of urgency, electricity should be restored by Nigeria.
“Ecowas leaders should appreciate the anti-imperialist dimension of the political crisis in Burkina Faso, Mali, Guinea, and Niger. Ecowas should support the struggle to end the reckless exploitation of the mineral resources of the four countries and other African countries by imperialism.
“Apart from one or two member states of the ECOWAS, democracy cannot be said to have come to stay in the region. To that extent, the wind of coup d’etat blowing across the continent ought to be arrested by progressive forces in Africa. Otherwise, the civilian and military wings of the ruling classes will continue to rotate power among themselves and thereby arrest the development of Africa.”
Falana alleged that the 30-year struggle by ECOWAS to establish a regional currency, ECO, to promote trade and development in the region had been hijacked by France.
He said, “The 30-year struggle by ECOWAS to establish a regional currency, ECO, to promote trade and development in the region has been hijacked by France. In collaboration with some leaders, France has taken over the responsibility of establishing and even printing the new currency and presenting the other countries in the region with a fait accompli.
“France is also keeping the new currency attached to the Euro and, therefore, aligning it with its colonial interest, as it has always done with the CFA. The implication is that the other seven West African countries can only join on conditions established by France and will not accept the conditionalities imposed by France. ECOWAS should take advantage of the political crisis in the region to launch the ECO.
“Last Friday, France’s ambassador to Niger, Sylvain Itte was ordered to leave within 48 hours amid rapidly deteriorating bilateral ties. But the diplomat has remained in Niger despite the deadline.
“In supporting the defiance of the Ambassador, French President Emmanuel Macron has applauded Mr. Itte for staying put. Mr. Macron has said that, ‘We do not recognise those who have carried out the putsch, we support a president who has not stepped down, and besides whom we remain engaged.’
“France should be advised to withdraw the Ambassador and not use the crisis to attack Niger. As far as international law is concerned, Niger is a sovereign nation notwithstanding the coup d’etat.
“The attention of President Macron ought to be drawn to the case of Uganda v. Commissioner of Prisons, Ex Parte Michael Matovu [1966] 1 EA 514, is a decision of the High Court of Uganda in which Hans Kelsen’s ‘General Theory on Law and State’ and the Political Question Doctrine were considered in determining the legal validity of Uganda’s 1966 Constitution. The High Court presided by Justice Udo Udoma held alia:
“The government brought into permanent power by a revolution or coup d’etat is, according to international law, the legitimate government of the State, whose identity is not affected by these events.”
“Hence, according to international law, victorious revolutions or successful coups d’etat are to be interpreted as procedures by which a national legal order can be changed. Both events are viewed in the light of international law, law creating fact. Again, injuria jus oritur: and it is again the principle of effectiveness that is applied,″ the statement added.
