The European Court of Justice (ECJ) has delivered a landmark verdict, nullifying the European Union’s resource exploitation agreements with Morocco in Western Sahara.
This decision has sparked reactions from Nigerian activists and international stakeholders.
The Nigeria Movement for the Liberation of Western Sahara (NMLWS) has welcomed the October 4 ruling, which culminates a long-standing legal battle over Western Sahara’s sovereignty and resource rights.
In a statement released on Thursday, Owei Lakemfa, Publicity Secretary of NMLWS, noted, “This historic judgment represents the final ruling after several appeals by the European Union Executive Commission against six previous rulings.”
The seven-judge panel, led by ECJ President Koen Lenarts, has ordered the termination of all agreements within one year unless explicitly approved by the POLISARIO Movement, the recognized representatives of the Western Sahara people.
The ruling follows a complex legal trajectory dating back to 2016 when the court first nullified EU-Morocco trade and fisheries agreements, recognizing Western Sahara, also known as the Saharawi Arab Democratic Republic (SADR), as a “separate and distinct” nation from Morocco.
Previous attempts by the EU and Morocco to circumvent these rulings through amended agreements and alleged stakeholder consultations were rejected by the court in 2021.
The final verdict comes in the wake of the controversial ‘Moroccogate’ corruption scandal that recently engulfed the European parliament.
In a surprising development, EU leadership has signaled potential resistance to the ruling. EU President von der Leyen and High Representative Josep Borrell issued a joint statement declaring: “In close cooperation with Morocco, the EU firmly intends to preserve and continue strengthening close relations with Morocco in all areas of the Morocco-EU Partnership, in line with the principle of pacta sunt servanda.”
The NMLWS has called for immediate action from various stakeholders.
“We urge the African Union to stand by Western Sahara, which is a founding Member of the organisation, by protecting it against Moroccan and Western exploitation,” Lakemfa stated.
The movement has also directed appeals to the Nigerian government under President Bola Ahmed Tinubu, requesting the cancellation of phosphate import agreements with Morocco and the suspension of the Nigerian gas pipeline project through Western Sahara territory.
The African Court on Human and Peoples’ Rights has previously ruled that Morocco’s occupation violates the Saharawi’s fundamental right to self-determination, mandating African states to support Western Sahara’s independence struggle.
Notable Nigerian organizations, including the Nigeria Labour Congress (NLC), Trade Union Congress of Nigeria (TUC), and the Academic Staff Union of Universities (ASUU), have demonstrated solidarity with the Saharawi cause.
“Africa cannot be free if one country continues to occupy, militarily repress and violate a sister country such as the Kingdom of Morocco has been doing to Western Sahara since 1975,” the NMLWS statement concluded.
