By Omar Bah
Nigerian human rights lawyer, Femi Falana, has described the Special Tribunal established to try former President Yahya Jammeh’s crimes as a significant step towards justice and warning to sitting African presidents that impunity will not thrive.
Jammeh has been living in exile in Equatorial Guinea since his ousting in December 2016. He is expected to be extradited to The Gambia or another African country to face trial on charges including murder, kidnapping, torture, and sexual violence. The Economic Community of West African States (ECOWAS) recently approved the establishment of a Special Tribunal to prosecute him and his associates for gross human rights violations committed during his regime.
The decision was made during the 66th Session of the Authority of Ecowas Heads of State and Government, held on December 15, 2024, in Abuja, Nigeria. The tribunal aims to bring justice and accountability for atrocities committed between July 1994 and January 2017 under Jammeh’s 22-year rule.
The crimes include extrajudicial killings, torture, sexual violence, enforced disappearances, fake HIV/AIDS treatments leading to deaths, and the 2005 massacre of over 50 West African migrants, including nine Nigerians.
Reacting to the tribunal in a statement seen by The Standard, Lawyer Falana said: “This is the first time the Ecowas has partnered with a member country to establish an international tribunal to prosecute such crimes. The decision of the Ecowas to ratify the Tribunal is a serious warning to other military and civilian dictators that they may be brought to justice for gross human rights abuse.”
Falana highlighted the role of The Gambia’s TRRC, established under President Adama Barrow, in laying the groundwork for the Tribunal.
“Upon the restoration of democracy in The Gambia, the TRRC was set up by the Adama Barrow administration to investigate all human rights abuses perpetrated against Gambians and other citizens between July 1994 and January 2017.
“After two-and-a-half years of public hearings and investigations, the Commission confirmed that not less than 240 persons were found to have been murdered by state agents under his rule. The Government issued a White Paper on the report of the Commission,” Falana noted.
The Tribunal follows a landmark conviction in Switzerland on May 15, 2024, where former Gambian Interior Minister Ousman Sonko was sentenced to 20 years in prison for crimes against humanity under Jammeh’s regime. The Federal Criminal Court found Sonko guilty of intentional homicide, torture, and false imprisonment in a historic verdict under universal jurisdiction in Europe. Falana praised the Gambia Bar Association, for its efforts in establishing the Tribunal.
“The Gambian Bar Association deserves commendation for collaborating with the Government to institute and operationalise the court. This is a unique example of a Bar Association proactively leading efforts to ensure justice and accountability for victims of gross human rights abuse. The Tribunal’s establishment also halts calls for Yahya Jammeh’s trial by the International Criminal Court, as the Ecowas-backed process will address these crimes locally,” he added.
