- Indeed, due to the status of the Applicant as a parliamentarian, and
moreover as the President of the National Assembly, a special procedure
was required for effecting his arrest. It was within that context that the
Prime Minister served an application on the Bureau of the National
Assembly to produce Hama Amadou for prosecution. The Bureau acceded
to the request, informing the President of the Appeal Court of Niamey;
- The same day, on 26 August 2014, in writing, Hama Amadou writes to the
following authorities, and brings the matter before them, considering the
approach adopted by certain state institutions, in bringing him before
trial, as an illegal procedure: the Prime Minister himself, the VicePresident of the National Assembly, and particularly, strictly legally
speaking, the Constitutional Court (for interpretation of Article 88 of the
Constitution of Niger, regarding parliamentary immunity and the
conditions for the arrest of a parliamentarian);
- Almost a month later, on 25 September 2014, an arrest warrant was
issued against the Applicant, who quickly left the country. He stays ‘in
exile’ for more than one year. It was upon his return to the country,
particularly to participate in the presidential election, that he was
arrested and detained;
- It was under those circumstances that he decided, by an application which
reached the Registry of the Court on 3 November 2015, to file his case
before the ECOWAS Court of Justice, claiming that the state authorities of
Niger violated his rights;
- At the same time, the Applicant lodged an application requesting the
Court to hear the case under expedited procedure, claiming urgency. The
Court, in an order, dismissed the request and ordered the proceedings to
continue;
- The Republic of Niger, on its part, lodged a defence on 1 December 2015,
and an ‘additional’ memorial in defence, on 4 December 2015.
Translator : E. Nkansah 15