Elinoa blog

Gbagbo lawsuit challenges W.African bloc's stance

ABUJA (AFP) – Ivory Coast strongman Laurent Gbagbo has filed a lawsuit at a regional court challenging West African bloc ECOWAS' demand that he step down in favour of his rival, officials said on Monday.

The 15-member Economic Community of West African States (ECOWAS) in December held two emergency summits which recognised Alassane Ouattara as Ivory Coast president and demanded Gbagbo quit office.

The bloc has also threatened force to remove him if he defies peaceful efforts to have him step down.

"We have filed an application before the ECOWAS court of justice against the authority of heads of states and governments of ECOWAS," said Mohamed Faye, a lawyer for Gbagbo. A hearing has been set for March 10.

A spokesman for Gbagbo's government confirmed the suit had been filed "in the name of the state of Ivory Coast."

"ECOWAS is an economic community which has decided to inject itself into the internal affairs of a state member, which is outside of its jurisdiction," Ahoua Don Mello told AFP.

Ivory Coast's electoral commission declared Ouattara the winner of the November ballot, a decision endorsed by the United Nations, but the country's constitutional court said Gbagbo had won.

Gbagbo has refused to step down despite global calls for him to do so.

Faye said Gbagbo was challenging ECOWAS leaders' "declaration because it violates the supremacy of the national constitutional court of Cote d'Ivoire, which is the judiciary organ in electoral matters."

"We are urging the court to hold that these pronouncements are illegal and if they are illegal, they are null and void, (and) that they should suspend any action in respect of these pronouncements," said Faye.

ECOWAS lawyer Obii Onuoha said she was unaware of the case and unprepared to respond.

A court registrar said he had served the ECOWAS commission with the court papers on February 7. ECOWAS spokesman Sunny Ugoh confirmed the commission had received the papers.

"My understanding is that we were told very late for us to respond in a coherent manner," said Ugoh.

"We are hoping with the adjournment, it will be an opportunity to do consultations and look at it properly so that we can react."

Judge Awa Nana Daboya adjourned the case to March 10, along with two other cases filed earlier by groups believed close to Gbagbo.

Three non-governmental organisations last month asked the same court to nullify the bloc's stance that Gbagbo must leave office.

In a separate case, a Nigerian lawyer, Godswill Mrakpor, also sought an order to restrain ECOWAS from using force to oust Gbagbo.