By Buba Gagigo
Hussein Thomasi, Solicitor General of The Gambia, has denied reports that the Economic Community of West African States (ECOWAS) rejected a proposal to establish a special tribunal for The Gambia.
“One matter that has been of concern has been the special tribunal which the Gambia seeks to establish in collaboration with the Economic Community of West African States. You will recall that the Gambia requested the cooperation of ECOWAS in the establishment of the special tribunal. Of course, the Commission responded positively to this request. And what we now have is the decision, the statute establishment was tabled before the mediation and Security Council of the ECOWAS,” he said.
The Mediation and Security Council is composed of honorable ministers and ambassadors of ECOWAS. When the statute was presented on July 3rd, it was considered and deferred to the next ordinary session of the Authority of Heads of State and Government.
“I know it’s been stated in some quarters that the decision or the statute establishing the special tribunal was rejected by the ECOWAS that is not the case. What happened was that the mediation and Security Council of ECOWAS considered the statute but deferred it to its next meeting in December and wanted the ambassadorial meeting to first consider the statute, endorse it and then transmit it to the mediation and Security Council. This is what happened,” he said.
He further explained that the statute will now go to the ambassadorial meeting, which will hopefully be convened in the next month or so.
“When considered by the ambassadorial meeting, it will now be transmitted to the mediation and Security Council. That’s the level of the ministers—ministers of foreign affairs and defense. Of course, they will deliberate on it and then send it to the authorities of heads of state and government. So the process is still on,” he said.
Thomasi acknowledged a procedural hitch that delayed consideration by the Authority of Heads of State and Government.
“I know also for a fact that the statute was discussed at the level of the ECOWAS Parliament, and they rejected the statute, but I just need to state that in as much as it’s desirable to have the parliament endorse the statute. We believe that the parliament was not adequately briefed on the statute. There was some lack of understanding with regard to its full content and scope. Nevertheless, we would be embarking on a campaign to discuss it with the parliamentarians so that they could be adequately briefed on it. But let me also hasten to state that the decision by the ECOWAS parliament is considered non-binding, purely advisory and final decision on the establishment rests solely with the authority of heads of state and government. It is not for the ECOWAS parliament to take a decision, but of course, it is imperative that they are also carried along so that there could be a broader consensus on the establishment of the special tribunal,” he concluded.
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