By Linus Aleke, Abuja
A member of the Nigerian delegation to the Economic Community of West African States (ECOWAS), and Deputy Speaker of House of Representatives, Hon. Benjamin Kalu, has reiterated the calls for the involvement of the international community in the establishment of the special tribunal in the Gambia to try perpetrators of heinous crimes in the Gambia during the tenure of former leader, Yahya Jammeh.
Contributing to the debate on a draft decision of the ECOWAS Commission to establish a special tribunal in The Gambia with the support of ECOWAS, during plenary, at the ongoing first ordinary session of ECOWAS Parliament, in Abuja, Hon. Kalu 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 take retroactive effect, therefore, if laws were in place when the events occurred, they should be applied accordingly.
The Nigerian MP also highlighted the relevance of the legal doctrine of ‘stare decisis’ (the rule of precedents) as a source of law.
He noted 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.
Acknowledging that The 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 The 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.
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.”
