Civil rights group, Egalitarian Mission for Africa (EMA), has dragged the Economic Community of West African (ECOWAS) to court over the proposed military intervention in Niger Republic.
The group asked the court to invoke ECOWAS protocols to stop the planned military action against Niger.
The suit was instituted by a Nigerian lawyer Kayode Ajulo.
According to the suit marked ECW/CCJ/APP/3/23, ECOWAS treaties prohibit aggression among member states.
The group wants the regional court to invoke relevant ECOWAS treaties and international laws to stop the military invasion of Niger.
It said any military intervention in Niger would be tantamount to aggression between ECOWAS member states, stressing that the planned military invasion would run foul of the obligations in the ECOWAS treaties.
Apart from EMA, other plaintiffs in the suit are a former director-general of the Nigerian Institute of the Internal Affairs (NIIA), Bola Akinterinwa and Hamza Dantani, a lawyer.
Defendants in the matter are the ECOWAS, Authority of Heads of State and Government of ECOWAS, president of ECOWAS Mission, Federal Republic of Nigeria and Republic of Niger.
He said the military intervention would specifically violate Articles 1, 5, 15, 16, 17, 21, 22 and 24 of the African charter on human and peoples’ rights and others.
According to him, Article 22(2) of the protocol on the community court of justice mandates that when a dispute is brought before the court, member states should refrain from any action likely to militate against its settlement.
No date has been fixed for hearing in the suit.
A military group led by Gen. Abdourhamane Tchiani had on July 26 toppled the civilian and democratic government of President Mohammed Bazoum who has since been clamped into unlawful military detention.
ECOWAS on Tuesday imposed fresh sanctions over the coup in Niger Republic.
The regional bloc had given the Niger junta seven days to reinstate Mr Bazoum or risk sanctions, including potential military attack. But the coupists called the bluff of ECOWAS and vowed to resist any foreign intervention on its soil.
It also severed ties with Nigeria, Togo, France and the U.S., and shut down Nigerien airspace indefinitely.
At the end of the ultimatum, the bloc scheduled a meeting for Thursday to review the situation in the West African nation.
President Bola Tinubu, ECOWAS chair has vowed to do everything possible to reinstate the ousted Mr Bazoum.