Niger court could lift ex-president’s immunity after unfair procedure

On June 14, Niger’s highest court could decide to lift immunity from prosecution against former President Mohamed Bazoum following proceedings that failed to meet basic standards of due process. Nigerien authorities should drop this problematic case and respect Bazoum’s right to a fair trial.

Bazoum has been arbitrarily detained at the presidential residence since last July, when Nigerien army officers overthrew his government in a military coup. In August, junta authorities announced their intention to prosecute him for “high treason” and endangering national security, but never brought him before a judge. In April, authorities initiated legal proceedings against him to lift his presidential immunity so that he could be prosecuted for alleged crimes committed after he was elected president in 2021.

Following the coup, the junta created the Court of State to replace the Court of Cassation and the Council of State, making it the highest court in Niger. The State Court proceedings were marred by serious irregularities, including violations of Bazoum’s rights to present evidence in his defense, to communicate with his attorney, and to be heard before an independent tribunal. By taking the case to the country’s highest court, they also denied Bazoum his right to appeal the decision.

Nigerien human rights defenders have questioned the court’s procedures. A lawyer said: “How can a court whose president is appointed directly by the head of state be an impartial and independent body?

Bazoum’s lawyers told Human Rights Watch that they have not been able to communicate with him since last October and have restricted access to material in the case. “The authorities amended Article 141 of the court statute (relating to access to information on the case), while the case was already pending before the court, preventing us from consulting key documents in the case,” he said. declared Moussa Coulibaly, one of Bazoum’s lawyers. “You can’t change the rules during the match.”

In September, Bazoum filed a petition with the Economic Community of West African States (ECOWAS) Community Court of Justice, citing human rights violations committed against him and his family during his detention. In December, the ECOWAS court ruled that Bazoum had been arbitrarily detained and requested his release.

The African Union Principles on the Right to a Fair Trial provide that the essential elements of a fair trial in all legal proceedings include: access to a lawyer, an adequate opportunity to prepare a case and the right to make appeal to a higher judicial authority.

Nigerien authorities should drop ongoing charges and, if there are clear charges against Bazoum, bring the case to ordinary criminal courts and ensure that all fair trial rights are respected.