A Nigerian group filed the suit following fears that ECOWAS military intervention in Niger may have a spillover effect leading to violation of rights in northern Nigeria.
A not-for-profit organisation, Egalitarian Mission for Africa (EMA), has urged the ECOWAS Court of Justice in Abuja to stop the planned deployment of military forces against putschists in Niger Republic.
Mohamed Bazoum, Niger's elected president, was overthrown by his presidential guards after being held hostage.
A coterie of military officers led by General Abdourhamane Tchiani had on 26 July toppled Mr Bazoum at the Presidential Palace in Niamey.
Mr Bazoum is being held by the junta in Niger.
So far, diplomatic efforts by ECOWAS to restore constitutional order in Niger have failed, prompting the regional body led by Nigeria's President Bola Tinubu to issue a one-week ultimatum for the coupists' handover power to Mr Bazoum.
ECOWAS heads of government at their meeting in Abuja agreed to take military action against the junta should it fail to return Mr Bazoum to power within one weekNigeria and other ECOWAS member states have slapped economic sanctions on the junta.
But the Nigerien junta have adamantly held on to power despite the sanctions and threats of military intervention. The junta had also refused to meet with an ECOWAS emissary, heightening the fear that the regional body might be forced to take the military option.
Worried by the possible deployment of troops against the junta following the expiration of the ultimatum last Sunday, EMA, through its lawyer, Kayode Ajulo, approached the ECOWAS Court to halt any military intervention in Niger.
In court filings, Mr Ajulo listed ECOWAS, the Authority of Heads of State and Government of ECOWAS, the President of ECOWAS Mission (Mr Tinubu), the Federal Republic of Nigeria and the Republic of Niger as defendants.
Other plaintiffs in the suit are Bola Akinterinwa, a professor and former Director General of the Nigerian Institute of International Affairs (NIIA), and Hamza Dantani, a lawyer.
The plaintiffs are urging the court to invoke ECOWAS treaties and other international legal instruments to stop Mr Tinubu and the regional body from intervening militarily in Niger.
Invasion breaches ECOWAS treaties
In the case filed on 8 August, the plaintiffs argued that ECOWAS' intending military action in Niger would amount to aggression which ECOWAS treaties and other international laws prohibit.
While condemning the forceful takeover of power in the country, the plaintiffs cautioned that any military intervention might aggravate the crisis with the possibility of spilling over into Nigeria.
Seven states in northern Nigeria share borders with Niger Republic.
One of the plaintiffs, Hamza Dantani, an indigene of Borno State, traced his ancestry to Niger
"He (Mr Dantani) has a strong affinity, social and economic ties with Niger, as his family members live on the other side of the border and he has businesses in both countries. His fundamental rights are presently being breached and are in danger of further breach," the court document revealed.
The filings further showed that over 300,000 refugees, many Nigerians had fled Niger in the wake of the crisis, adding that any military action would violate their fundamental right to life, right to dignity of human persons and liberty to life.
With a population of 25 million people, the plaintiffs noted that "any military incursion into the country will have severe humanitarian consequences."
The plaintiffs contend that military invasion of Niger would be "counter-productive and would ultimately lead to the disintegration of ECOWAS and plunge the sub-region into more violent conflicts to the benefit of foreign powers to sell their arms and further plunder Africa's vast natural resources."
EMA as a registered Non-Governmental Organization with the sole aim of promoting social justice, peace, stability, rule of law and accountability in West Africa, recommended that tackling the issue requires "diplomacy to try and find an amicable solution that will benefit all parties."
It further proposed that ECOWAS could suspend Niger from the sub-regional body, until its return to democracy.
Prayers
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The plaintiffs are praying the court declare that ECOWAS' "failure to prioritise the fundamental human rights of its citizens in their proposed military intervention into the Republic of Niger amounts to the breach of fundamental human rights as encapsulated in the African Charter on Human and Peoples' Rights."
In urging the court to grant their reliefs, the defendants cited the International Covenant on Economic, Social and Cultural Rights, the Universal Declaration of Human Rights 1948 and the Declaration on the Right to Development 1986.
The defendants further asked the court to declare the ECOWAS heads of government "resolution to use military intervention with the aim to resolve the coup by the 5th Defendant (Niger) will amount to the breach of the fundamental human rights to life, right to dignity of human person..." of citizens in the sub-region.
They are praying for an order restraining Mr Tinubu, President of the ECOWAS Commission and other defendants "from any military invasion or any military action in the Republic of Niger that might undermine the Republic of Niger's sovereignty and territorial integrity."
