West African Bloc ECOWAS Critical of Plan to Prosecute Ousted Nigerien President

FILE - Niger President Mohamed Bazoum at the presidential palace in Niamey, Niger, March 16, 2023.

Timothy Obiezu

ABUJA, NIGERIA — Officials of the West African bloc ECOWAS say they are “stupefied” by the charge of high treason that Niger’s military rulers have leveled against Niger’s ousted president, Mohamed Bazoum. If convicted of the charge, Bazoum could face the death penalty.

In a statement Monday, the reginal bloc called the attempt to bring charges of high treason against President Mohammed Bazoum provocative and said it contradicted the coup leaders' recent willingness to pursue a peaceful resolution.

While calling for his immediate release and reinstatement, ECOWAS emphasized that Bazoum remained the country's legitimate leader.

Niger’s military junta spokesman Col. Maj. Amadou Abdramane announced the charge against Bazoum in a televised address Sunday. Abdramane said Bazoum had undermined Niger's internal and external security, and that he had been communicating with high-ranking regional politicians who are, in Abdramane’s words, trying to truncate the peaceful resolution of the crisis in Niger in a bid to support a military invasion.

The plan by coup leaders to try Bazoum for treason came hours after they agreed to hold talks with ECOWAS.

An ECOWAS spokesperson did not respond to calls for comment but political analyst Rotimi Olawale says Niger's junta is using Bazoum to strengthen its hand in negotiations with the regional bloc.

"The military junta is using every tactic in the book to claim legitimacy to power in Niger, but also as bargaining chip in the conversation and discussion with the regional body ECOWAS with the wider international community," said Olawale. "Treason is something you'll see many countries pull off as accusation one way or the other but I'm sure it's part of the negotiation strategy of the military to find a soft landing for themselves "

Soldiers of the presidential guard overthrew Bazoum on July 26 and have since held the president and his family hostage.

If found guilty of high treason, Bazoum could face the death penalty.

On Monday the U.S. State Department criticized the plan to try Bazoum, warning it will worsen tensions in the region.

Chris Kwaja is a senior researcher at the Center for Peace and Security Studies. He says the junta has no legal standing to pull off a trial because the military government is illegitimate.

"For the same government that is a product of unconstitutional means to use the law in prosecuting Bazoum, you cannot give what you don't have," said Kwaja. "What we see the regime doing is an exercise of naked power, it is unconstitutional, they cannot exercise authority when they were not given that authority by the people."

ECOWAS has taken a tough stance on the coup in Niger including border closures and asset freezes in a bid to restore constitutional order.

Olawale says there's a possibility the junta, which has suspended the country's constitution, may retain the function of the judiciary for Bazoum's trial.

"...If they go to court and they prosecute him under treasonable felony, to hold him under the Niger constitution but I don't think it will get to that. I feel that pressure is mounting on the Niger regime, they have not received external support," said Olawale.

Last week ECOWAS authorized activation of a regional standby force to reverse the coup if talks with the military government fail. But experts say the force could take weeks to assemble.