A member of the ECOWAS Parliament and Deputy Speaker of Nigeria’s House of Representatives, Hon. Benjamin Okezie Kalu, the leader of Nigeria’s House of Representatives, has expressed support for the international community’s involvement in establishing a special tribunal in the Gambia to try perpetrators of heinous crimes committed during the tenure of former leader Yahya Jammeh.
He spoke in Abuja on Thursday, 4th July, 2024 when the Parliament was considering a draft decision of the ECOWAS Commission to establish a special tribunal in The Gambi with the support of ECOWAS.
He argued that existing laws at the time of the crimes were committed should be applied. According to Kalu, the principle of law is that laws do not act retrospectively; hence, if laws were in place when the events occurred, they should be applied accordingly.
Kalu also highlighted the relevance of the legal doctrine of ‘stare decisis’ (the rule of precedents) as a source of law.
He stated that decisions made in the past in similar situations, based on existing laws recognized by international communities, should be strictly applied to the facts at the time of the event.
While acknowledging that Gambia has made efforts to address these issues internally, Kalu emphasized the need for international assistance.
Kalu urged ECOWAS not to remain silent on the matter, suggesting that a regional perspective is essential to ensuring that justice is seen to be done.
Discussing the importance of thorough justice for healing, Kalu cautioned against superficial resolutions. He drew parallels with Nigeria’s ongoing challenges stemming from the Biafran war, stressing the need for genuine reconciliation and inclusion to prevent the recurrence of historical grievances.
He cited his Peace in South East Project as an initiative aimed at fostering peace and healing in Nigeria’s Southeastern region.
Kalu supported Gambia’s call for justice as a precedent condition for comprehensive healing to prevent future conflicts. He also mentioned the potential involvement of international bodies like the International Criminal Court of Justice, due to the absence of relevant laws at the time the crimes were committed.
He argued that using existing international structures to address gaps could help emerging democracies in Africa establish their own legal frameworks.
Concluding his remarks, Kalu urged Africans to move beyond internal conflicts and focus on development and innovation.
He advocated for regional synergy to build and develop nations within the sub-region, stating, “It is time to be done with war in the Sub-region. Let us think about how we can synergize to build the Sub-region and our individual nations within it.”
