The Economic Community of West African States (ECOWAS) has approved the creation of a Special Tribunal to prosecute former Gambian President , Yahya Jammeh and his associates for gross human rights violations committed during his 22-year regime.
The decision was finalized during the 66th Session of the ECOWAS Authority of Heads of State and Government, held on December 15, 2024, in Abuja, Nigeria.
The Tribunal aims to deliver justice for atrocities committed between July 1994 and January 2017 under Jammeh’s rule, including extrajudicial killings, torture, sexual violence, enforced disappearances, the administration of fake HIV/AIDS treatments that led to deaths, and the 2005 massacre of over 50 West African migrants, among them nine Nigerians.
In a statement on January 5, 2025, renowned Nigerian human rights lawyer, Femi Falana (SAN) hailed the establishment of the Tribunal as a pivotal moment for justice. “This is the first time ECOWAS has partnered with a member state to establish an international tribunal for prosecuting such heinous crimes. It sends a strong message to both military and civilian dictators that gross human rights abuses will not go unpunished,” Falana stated.
He highlighted the foundational work of The Gambia’s Truth, Reconciliation, and Reparations Commission (TRRC), initiated under President Adama Barrow, as critical in preparing for the Tribunal. The TRRC investigated crimes committed during Jammeh’s regime and confirmed that over 240 people were murdered by state agents. Following its findings, the Gambian government issued a White Paper to guide the pursuit of justice.
Yahya Jammeh has been in exile in Equatorial Guinea since his ousting in December 2016. He is expected to be extradited to The Gambia to face charges of murder, kidnapping, torture, and sexual violence.
The Tribunal’s establishment builds on recent legal milestones, including the May 15, 2024, conviction of former Gambian Interior Minister, Ousman Sonko. Sonko was sentenced to 20 years in prison by a Swiss court for crimes against humanity under Jammeh’s regime, marking a historic application of universal jurisdiction in Europe.
The ECOWAS-backed Tribunal addresses calls for Jammeh’s trial at the International Criminal Court by ensuring a regional and localized process for justice. This move underscores Africa’s growing capacity to address its own challenges through regional collaboration.
Falana praised The Gambian Bar Association, led by Salieu Taal, for its instrumental role in establishing the Tribunal. “The proactive leadership of the Gambian Bar Association in collaborating with the government to ensure justice for victims of Jammeh’s regime is exemplary. Their dedication highlights the importance of legal institutions in promoting accountability,” he noted.
As the Tribunal prepares to commence its work, it stands as a beacon of hope for victims and a deterrent to future leaders who may contemplate similar abuses of power.
