ECOWAS
We’re yet to receive formal notice of withdrawal from Burkina Faso, Mali, Niger – ECOWAS
The Economic Community of West African States, ECOWAS, said it was yet to received formal notification of withdrawal from the bloc by Mali, Burkina Faso and Niger.
ECOWAS said in Abuja that its attention had been drawn to a broadcast on the national television stations of Mali and Niger announcing the decision of the three countries to withdraw from the union.
The West African bloc said, “The ECOWAS Commission is yet to receive any direct formal notification from the three member states about their intention to withdraw from the Community.
“The ECOWAS Commission, as directed by the Authority of Heads of State and Government, has been working assiduously for the restoration of constitutional order in those countries.
“Burkina Faso, Niger, and Mali remain important members of the Community and the Authority remains committed to finding a negotiated solution to their political impasses.
“The ECOWAS Commission remains seized with the development and shall make further pronouncements as the situation evolves.”
Struggling with jihadist violence and poverty, the three regimes have had experienced strained ties with ECOWAS, especially after the coups in Niger on July 26, 2023, Burkina Faso in 2022 and Mali in 2020.
The three countries were suspended from ECOWAS, with Niger and Mali facing heavy sanctions.
Decision In Breach Of ECOWAS Rule
Despite the reported withdrawal of the three countries, they run the risk of violating Article 91 of the ECOWAS Revised Treaty, which stipulates that no member state can withdraw from the ECOWAS “with Immediate Effect”.
The procedure laid down in Article 91(1) of the ECOWAS REVISED TREATY is that a one-year notice is submitted to the ECOWAS President. Thereafter, Article 91(2) of the same says that the government is bound to follow all the laws of ECOWAS even after the submission of a formal request to withdraw until after the one year ends.
Article 91(1) said in part: “Any member state wishing to withdraw from the community shall give to the Executive Secretary one year’s notice in writing who shall inform member states thereof. At the expiration of this period, if such notice is not withdrawn, such a state shall cease to be a member of the community.
“During the period of one year referred to in the preceding paragraph, such a member state shall continue to comply with the provisions of this Treaty and shall remain bound to discharge its obligations under this Treaty.”
This means that if the three countries said on 28th January, 2024, that they wanted to leave ECOWAS, it can only come into force on 28th January, 2025.
Irrespective of this Treaty, the regional bloc appears to be in a dilemma as to how to apply these provisions to the three countries, even if it still considers them members.
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