The State Court of Niger has lifted the criminal immunity of deposed President Mohamed Bazoum over accusations of high treason, Bozum’s lawyer confirmed on Friday. The ex-president’s lawyer, Reed Brody, described the decision as a “travesty of justice” and said, “We haven’t even been able to meet our client.”
By virtue of the ruling, Bazoum can now be tried by a military court. The military junta hopes to prosecute him for “high treason” and undermining national security.
The junta authorities commenced proceedings in the State Court to lift Bazoum’s presidential immunity in April. The State Court is a product of the junta’s own creation, having replaced the Court of Cassation and the Council of State as the highest court in Niger. However, according to Human Rights Watch, the proceeding has been flawed from the start and, at every turn, failed to meet basic due process standards:
The proceedings before the State Court have been marred by serious irregularities, including violations of Bazoum’s right to present evidence in his defense, to communicate with his legal counsel, and to be heard before an independent court. By bringing the case before the country’s highest court, they also denied Bazoum his right to appeal the ruling.
Another of Bazoum’s lawyers, Moussa Coulibaly, revealed to Human Rights Watch that they have had no communications with their client since October and struggle to access case material.
Bazoum and his family have been detained since his administration was overthrown in a military coup last July. In December, the Community Court of Justice of the Economic Community of West African States ruled that his detention was arbitrary and that Bazoum should be released within the month. The ruling fell on deaf ears, and similar calls from the international community have gone unheard.
Alioune Tine, founder of the African think tank Afrikajom Center, said:
The military junta has absolutely nothing to gain by trying President Bazoum, because he refused to resign. There is no political gain from it, because it is not a fair trial but a political trial. We must free Bazoum and organize a return to constitutional equality, reconciling Nigeriens to face the country’s security challenges together. Niger must also think about unity and African integration as the game of influence of the great world powers is exploding.