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28.01.2024 Featured 1993 Treaty: Why Mali, Niger and Burkina Faso Must Remain in ECOWAS for One Year

Published 28th Jan, 2024

By Joseph Adeiye

Ibrahim Traoré, Assimi Goita and Abdourahamane Tiani, the respective heads of state of Burkina Faso, Mali and Niger, announced their countries’ withdrawal from the Economic Community of West African States (ECOWAS) on Sunday.

The military leaders claimed that ECOWAS was betraying its founding principles due to external influence and had become a threat to its member states.

Bola Tinubu, Nigeria’s president and ECOWAS chair, has yet to address Sunday’s troika statement from France, where he is on a personal holiday, as of press time.

Although the leaders of Mali, Burkina Faso and Niger claim that their countries’ sovereignty permits them to withdraw from ECOWAS, the western regional bloc has its own conditions set out in a treaty.

READ MORE: BREAKING: Burkina Faso, Mali, Niger Withdraw From ECOWAS

In its 1975 ECOWAS Treaty, Article 64 addresses the withdrawal of member states from the regional bloc on the condition that:

“1. Any Member State wishing to withdraw from the Community shall give to the Executive Secretary one year’s written notice. At the end of this period of one year, if such notice is not withdrawn, such a State shall cease to be a member of the Community.

“2. During the period of one year referred to in the preceding paragraph, such a Member State Shall nevertheless observe the provisions of this Treaty and shall remain liable for the discharge of its obligations under this Treaty.”

In 1975, signatories to the ECOWAS treaty in Lagos included Major Baba Diarra of the Republic of Mali, Lieutenant Colonel Seyni Kountché of the Republic of Niger and General Yakubu Gowon of the Federal Republic of Nigeria.

READ ALSO: ‘They Violate Human Rights’ — ECOWAS Court Orders FG to Stop Using Part of Nigerian Broadcasting Code

On July 24, 1993, a larger ECOWAS revised its treaty and signed it as law in Cotonou, Benin Republic.

The 1993 revised treaty allows ECOWAS member states to withdraw from the community on the following conditions of Article 91:

“1. 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 At the expiration of this period, if such notice is not withdrawn, such a State shall cease to be a member of the Community.

“2. 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.”

Presidents Alpha Oumarkonare of Mali, Blaise Compaore of Burkina Faso and Mahamane Ousman of Niger were signatories to the revised treaty in 1993.

According to the ECOWAS treaty, Burkina Faso, Mali and Niger must submit an official notice and continue to abide as members of the West African bloc for a period of one year before they can dissociate themselves from the community.

On Sunday evening, ECOWAS stated that it had not received “any direct formal notification” from Mali, Burkina Faso or Niger about a withdrawal.

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Published 28th Jan, 2024

By Joseph Adeiye

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