ROLE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES IN THE ENFORCEMENT OF THE OUTLAWRY OF UNCONSTITUTIONAL CHANGES OF GOVERNMENT: THE NIGER COUP AS A CASE STUDY

Abstract

In order to confront the challenges posed by unconstitutional changes of government especially, the debilitating effect on the consolidation of democratic governance in Africa, regional and sub-regional organizations in Africa have taken bold steps to outlaw unconstitutional changes of government and established mechanisms for its enforcement. Despite the above, African countries continue to experience unconstitutional changes of government. The attempts by regional organizations to implement their stand on military coups have yielded little positive results and, in some cases, have left analysts in a quandary as to the efficacy of the outlawry and the enforcement measures. The most recent military intervention in the governance of Niger exposes the challenges especially, in situations where there is internal popular support for change. Therefore, this paper interrogates: the rationale and the efficacy of the outlawry of unconstitutional change of government and the enforcement measures thereof against the background of the factors that trigger unconstitutional changes of government; the constitutionality of the intervention by regional/external forces to restore the constitutional status-quo; the challenge of sovereignty and the prospects of achieving the objective of democratic consolidation by the outlawry of unconstitutional changes of government and regional enforcement thereof. The article adopts the doctrinal methodology and relies on the theories of social change, functionalism and collective security. It concludes that the enforcement of the outlawry of unconstitutional change of government is no doubt a right step in the right direction towards promoting democratic consolidation in Africa but this is not enough. The solution lies in the institutionalisation of democratic governance by addressing the African leadership challenges and institutional weaknesses that militate against good governance and socio-economic development.