Contractual Legality versus Resource Sovereignty

By Fortune Madondo

Introduction

The land is African and the minerals are African. But is Africa free to decide who to sell or not sell to, who to do business with or not to do business with, who to partner or not to partner with.

Does Africa resource sovereignty exist? is it a crime for Africa to assert control over its resources? and how can Africa navigate better the global geopolitical shifts? These are serious questions raised by the Orano versus Niger debacle.

The Orano versus Niger case is not just an investment dispute or a contractual issue, it’s a political, economic, diplomatic dispute and as far as Africa is concerned, it is also a struggle for resource sovereignty as well.

Background

France has been mining uranium from the African state of Niger to fuel its nuclear programme, which accounts for approximately 70% of its current energy supply. Again, Europe as a whole currently takes 25% of its uranium supply from Niger.

F from former colonial master. All this amid a backdrop of the Niger military junta accusing France of exploitation and a  neocolonial agenda.

How It All Started

Following the 26 July 2023 military coup in Niger, the new Niger’s government led by military junta accused France of supporting terrorism and seeking to destabilize the country. The junta also accused Paris of political and economic interference. France was forced to withdraw its ambassador and troops after its authority was rejected by the military junta. The result was a diplomatic rift between Niamey (Niger) and Paris (France).

Nationalization

The military junta which took power in Niamey 2023 revoked five military cooperation agreements with its former colony- France. The military junta went on to nationalize Somaïr (uranium mine), stripped Orano (French Nucleur group/ company) of its uranium mining permit, and took control of Orano’s operations and the reason/s behind;

 “Faced with the irresponsible, illegal, and unfair behaviour by Orano, a company owned by the French state, a state openly hostile toward Niger since July 26, 2023 … the government of Niger has decided, in full sovereignty, to nationalise Somair”,

Niger military junta stated.

Paris-headquartered Orano filed for arbitration at the International Centre for Settlement of Investment Disputes (ICSID) in March of 2025. Orano said it intended,

 “to claim compensation for all of its damages and assert its rights over the stock corresponding to Somair’s production to date”.

The Court Case

The Complainant- Paris

The French uranium company Orano filed lawsuits and arbitration cases over the;

1. nationalization of Somaïr uranium venture,

2. seizure of its assets,

3. raiding of its local offices and

4. the disappearance and detention of its local director.

Orano also informed its investors that it would be demanding damages over Niger’s “obstruction of the commercialisation of production” and the “suppression of Orano’s offtake rights”

The Defendant-Niamey

Niamey military administration accused French group Orano of;

1. “irresponsible, illegal, and unfair behavior,” such as alleged extraction of a disproportionate share of the uranium produced.

2. Niger argues that decades of foreign operation of uranium mines brought “misery, pollution, rebellion, corruption and desolation” to Niger, while largely enriching France.

3. uranium was purchased from Niger at unfairly low prices compared to the market value, despite powering a significant portion of France’s electricity.

4. Niger authorities cited prolonged delays and the company’s failure to meet commitments.

5. Accussed Orano of owing Niger of reparation for many years of exploitation.

6. Niger actions are part of a broader push to reclaim sovereignty over natural resources and revise long-standing partnerships that the current regime views as neo-colonialist.

The Ruling

The arbitral tribunal constituted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) in case No. ARB/25/8 rendered a new decision on September 23, 2025, in favor of Orano in the dispute opposing it to the State of Niger concerning the uranium mine of SOMAÏR. In its decision, the arbitral tribunal ordered the State of Niger not to sell, transfer, or even facilitate the transfer to third parties of the uranium produced by SOMAÏR that was withheld in violation of Orano’s rights, as requested by Orano.

Pleading The Case Of Niger

There has been criticism that the French government has been taking too much from Niger for its own energy operations, with insufficient distribution to Niger and its people. Observers and analysts alike add that Niger is essentially “reasserting sovereignty over the state’s natural resources”.

“There’s a strong desire to move away from post-colonial influence, and from those colonial relationships, […] to assert themselves independently of their former colonial powers.”

“Niger’s ruling junta has indicated that it wants to reduce reliance on foreign companies and have greater control of the country’s resources, including uranium, which is essential for the production of nuclear energy. In 2024, Niger suspended the granting of new mining licences and ordered an audit of the sector.”

Jellyfish or missing shipments of Somair Uranium?

Multiple Nuclear Reactor Plants have closed and are closing in France. Official statement *has been that intake valves of these plants had been clogged by jellyfish.*However, energy analyst whispered missing shipments of uranium  from Niamey. All this drama invokes that question… who needs who?

France built its nuclear power and dominance from cheap Niger or African uranium, whilst Niger remained one of the poorest nations on earth. Does Africa need West or West need Africa. Niger to date has survived without France but France barely months of losing Orono Somair uranium mine its nuclear reactors are jamming. If Niger is to stop selling uranium to France who suffers more… of course France, whose nuclear power status was founded on Niger uranium.

The leverage is on AFRICA.

Africa should now wake up, negotiate beneficial deals when selling its resources at own prices and terms, with partners of own choice. Africa should push to negotiate for deals which tackle Africa’s need for mineral  processing to be done locally. Negotiate for deals which promote infrastructural needs of Africa ,for knowledge and technology transfers, employment for the locals and Africa should unapologetically assert its resource sovereignty without fear.

Take Aways

International Tribunal System

It needs to be noted that the fairness and objectivity of international tribunals are complex and heavily debated. It is a well- known fact that these institutions are designed to uphold the highest standards of justice independence, and the rule of law but it is also equally true that these tribunals face issues with  selective justice and political influence. Hence, to guarantee fairness and objectivity continuous scrutiny should be the norm. As one Kate Gibson, an arbitrator in International criminal courts since 2005 pointed out

“Over the years, I have seen how international tribunals can step in to provide accountability where national systems are unwilling or unable to do so, but I have also witnessed how selective support for these justice mechanisms can undermine the goals that these institutions aim to achieve”, (Gibson, 2025).

International arbitration processes can be biased toward corporations, especially in resource-rich developing nations. In this case, Niger argues against an arbitrator Colombian lawyer Fernando Mantijo Serrano, appointed by Orano. Niger attempted to disqualify Fernando Mantilla-Serrano, the arbitrator, claiming that he might not be independent enough to sit on the case.

It needs to be noted that under ICSID rules, an arbitrator can be removed if circumstances suggest they cannot act independently or impartially. However, the request was rejected on grounds that there was no valid reason to doubt Mantilla-Serrano’s independence and the citations used by Niger’s lawyers to back their arguments could not be found in any database or record. Based on that, ICSID rejected Niger’s request for disqualification.

How Fair?

Some observers can hail this judgment as fair from a *strictly legal perspective* , where the whole debacle between Orano and Niger is considered as purely a legal issue – a contractual legality and the judgement is seen as upholding  the principles of investor-state arbitration.

However, the fairness of the judgment is debated due to the political context of Niger’s colonial and neo- colonial relationship with the complainant, Orano, 90% owned by France and the whole issue is and can be seen as Niger struggle for resource sovereignty and an attempt by Niger to regain control over its natural resource- uranium.

In the case of Orano versus Niger case, the fairness of the tribunal’s judgment is a matter of legal interpretation and depends on one’s perspective on the complex political and economic context. In this case ICSID does not take aboard the complex political realities in Niger in particular and Africa in general.

New many political governments in Africa just like Niger seek to gain more control over their country’s resources. And this ruling goes down as inadequate solution to such multifaceted issues Africa faces especially with these former colonial masters’ investments in their former African colonies. However, Niamey rejected the ruling pointing out that it was a non- event and that the ruling, lacks transparency” and“violates a number of principles and practices essential to governance and commitments between stakeholders.”

African Resource Sovereignty

Resource sovereignty is a nation’s authority to control, manage, and exploit its natural resources for its own development and benefit, free from undue external interference. It is a right. A right to own and control its own resources.

And Africa has natural resources but is not in control of them. The moment an African country like Niger attempts to assert its resource sovereignty it is bound to clash with interests, usually, foreign interest who own and control them.

Viewed from such perspective, the international bodies like World Bank, other Bretton Wood Institutions and these investor- nation dispute solving tribunals are shaped as tools of western imperialist to promote and safeguard their global interest in Africa included.

And now Africa challenges the international court to interpret the meaning of independence and sovereignty of African countries to the world.

A call for a new page in business relationships

Amid all this Orano versus Niger drama, its high time for the West and East to review their business relationship with African countries. The business relationship should be based on genuine, transparent and equitable partnership with Africa.

A shift from extractive, neo- colonial, paternalistic aid-dependency to strategic, investment-driven collaboration focused on sustainable growth and mutual benefit for all, including Africa itself. Not this model in question, were Niger uranium only lits streets of Paris whilst villages in Niger are in the dark with no power, no energy and no share for the majority poor in their own backyard (nation).

No more predatory contracts

Africa should renegotiate mineral agreements with these transnational corporations. Niger is dealing with contract/s written, signed and stamped in Paris not Niamey at basement bargain prices but villages in Niger stay dark at night because of no power.

Is that model fair, just and sustainable?

The story of Niger is the story of Africa which continues to see haemorrhage of resources at colonial era prices and terms, whilst Africa infrastructure lacks, whilst African stomachs go hungry, whilst African youth go unemployed.

What about processing African resources in Africa itself as a way of giving African youth employment. It should be a mandatory rule across the whole of Africa that no raw mineral or metal should leave the offshores of Africa in its raw form.

Right now, Africa should push for mineral deals which ensure not as a choice but must, processing of such minerals and metals in Africa, if we are indeed to talk of genuine partnership between Africa and the West, Africa and the East, Africa and the rest of the world.

ICSID’s ruling is not just about a mine called Somair in Niger… it’s about all mines in Africa from Senegal to Somalia, from Ghana to Democratic Republic of Congo (DRC) right into Zimbabwe and Azania (South Africa) and the rest of mother Africa.

It is a decision against any political entity or government thinking or daring to rewrite the rules of engagement with so called foreign or international investors. A decision, a warning, a threat to any dispensation daring to assert its resource sovereignty.

Conclusion

The Niger and the French nuclear company Orano offers a number of important lessons for Africa. Most African nations are increasingly determined to reclaim control over their natural resources after decades of foreign exploitation.

Africa needs to renegotiate mineral mining agreements that continue to unfairly benefit foreign companies, with little contribution to the national development. Most Niger villages are in the dark but Niger uranium is keeping Paris lit.

Africa needs to navigate geopolitical power dynamics wisely and carefully. As relations with France deteriorated, Niger began forging closer ties with Russia and China, creating a new geopolitical dynamic for resource partnerships.

But in the process of navigating geopolitical power shifts look for partners not “new masters“. Africa should be ready and prepared to face unilateral action from certain interests the moment Africa is ready to assert its resource sovereignty.

Niger’s actions, while asserting sovereignty, have led to international arbitration cases with Orano at the International Centre for Settlement of International Disputes (ICSID).

F. Madondo (African Teacher) fortmada123@gmail.com

Reference

An Interview with Kate Gibson, 6 November 2025, The Dangers of Selective State Support for International Tribunals; Edited by Cailan Cumming & Paul R. Williams