Le Ministre de la Justice et des Droits de l’Homme, Garde des sceaux, M. Alio Daouda a animé, ce dimanche 19 novembre 2023, un point de presse relatif à l’affaire Etat du Niger et l’UEMOA.
A travers ce point de presse, le Ministre de la Justice et des Droits de l’Homme a tenu à expliquer à l’opinion nationale et internationale, que la décision de la cour de justice de l’UEMOA a violé les dispositions de l’article 72 du traité de l’institution, les attributions, compétences et pouvoirs du juge des référés.
Elle sonne alors comme une injonction donnée au Niger par le biais du juge des référés pour se plier au dictat de ses maîtres à penser la décision.
En effet, le 28 août 2023, l’Etat du Niger et sept autres entités qui croyaient encore à l’intégration prônée par l’UEMOA dans l’intérêt des populations de l’espace, ont saisi la Cour de Justice de l’Union, de deux requêtes.Il s’agit notamment d’une première requête aux fins d’appréciation de la légalité des sanctions et celle ayant pour objet, le sursis à exécution des sanctions prises par la Conférence des Chefs d’Etat et de Gouvernement de l’UEMOA à Abuja.
Selon le Ministre en charge de la justice, « le 16 novembre 2023, le président de la Cour statuant en la forme des référés, s’est déclaré compétent pour connaitre de la demande de sursis à exécution et a déclaré recevable la requête introduite par l’Etat du Niger et 7 autres ; dit n’y avoir lieu à ordonner le sursis à exécution des sanctions prononcées par la conférence des Chefs d’Etat et de Gouvernement de l’UEMOA lors de sa session extraordinaire tenue le 30 juillet 2023 à Abuja ; réservé les dépens ; et dit qu’il lui en sera référé en cas de besoin ».
« S’agissant du Niger et des autres parties demanderesses, la décision a été rendue alors qu’ils ignoraient jusqu’à la date d’audience à laquelle la Cour devait vider sa saisine, plus forte raison, elles n’ont pu prendre connaissance des observations de la partie défenderesse auxquelles elles étaient en droit de répliquer si elles l’estimaient nécessaire », a ajouté le Ministre Alio Daouda.
Il a également indiqué « qu’au regard de ce qui précède, la juridiction communautaire a violé de manière frontale un des principes élémentaires commun à toutes les procédures judiciaires à savoir le principe du contradictoire ».
« Ce faisant, elle a déjà annoncé les couleurs. Persistant dans ses contradictions, le juge des référés affirme dans ses motivations que les sanctions ont été prises à la suite d’une remise en question de l’ordre constitutionnel d’un Etat membre de l’UEMOA entrainant la réaction de l’institution communautaire alors même que le même juge a rappelé dans un de ces considérants que les décisions du juge des référés ont un caractère essentiellement provisoire qui ne sauraient préjudicier au fond et vider l’instance de sa substance », a précisé le Ministre en charge de la justice.
Selon toujours le Ministre Alio Daouda, « en invoquant une remise en cause de l’ordre constitutionnel dans un Etat membre de l’UEMOA pour justifier les mesures attaquées, il en a apprécié la légalité et a par ce moyen nécessairement préjugé au fond ; que ce faisant, il s’est une fois de plus contredit. S’il n’y a une règle d’or en matière de référé, ce que les décisions rendues en cette matière ne doivent préjudicier au fond».
« Au fond, les contorsions du juge pour aboutir à une décision de rejet trahissent une mise au pas d’une institution à laquelle les nigériens ont jusque-là cru »,a-t-il fait savoir.
Pour le ministre Daouda, « cette méthode de flibustier ayant consisté à cacher à la partie nigérienne, partie demanderesse jusqu’à la date du délibéré et à sortir comme par enchantement une décision à la veille du départ de notre équipe d’avocats à Abuja pour plaider devant la Cour de la CEDEAO suscite des interrogations ».
La Cour de l’UEMOA, a-t-elle voulu par cette méthode porter atteinte au moral de nos conseils ?Ou alors, a-t-elle voulu prendre les devants pour orienter les décisions de la Cour de la CEDEAO dans le sens des désidératas de certains Chefs d’Etat de l’espace obéissant aux agendas des puissances étrangères ? S’est-il demandé avant de souligner que « une chose est sûre : cette décision ne laissera pas intact, aux yeux des nigériens et des millions de citoyens de l’UEMOA, le crédit de cet organe communautaire. Le Niger, avec ses pays amis, se donnera les moyens d’aviser en temps opportun quant à la décision à intervenir, laquelle décision est commandée par des processus chargés », a-t-il conclu.
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