by Eze Eluchie,
For
starters, let it be clearly understood that the actions of the President of The
Gambia, Yahya Jammeh, to unilaterally seek to annul the results of the
Presidential elections held in his country on 1st of December 2016 which he himself (President
Jammeh) had voluntarily accepted defeat and publicly congratulated the winner
thereof, is most reprehensible, unfortunate and unbecoming of a genuine leader.
President Jammeh’s
action has been rightly condemned by the international community, with
unanimous resolutions of the United Nations Security Council, the African Union
and the Economic Community of West African States (ECOWAS) Presidential
Council, amongst several others.
All over the
world, there are international conventions and protocols, and proper procedures
and channels for addressing misconducts and harms by Heads of States or other
high ranking state officials, against the
people over whom they rule, particularly if such misconducts threaten the peace
and stability of the country concerned and the sub-region or the wider
international community. Proper care is always taken to ensure that justice is
served
It is in the
light of the foregoing that it has become imperative to assess the reaction of
the Authority of the Heads of Government of ECOWAS to the political crisis in
The Gambia and gauge whether such reaction is legitimate, commensurate with the
transgressions/wrongs allegedly committed, or if the ECOWAS reaction itself
opens another Pandora box of transgressions and illegalities which the
international community should rightly step into to ensure that justice is served.
After its initial
response of condemning Presidents Jammeh’s repudiation of his concession of
defeat and the failure of a Delegation of its member states Heads of Government
which sought to compel President Jammeh to leave office as scheduled, the
Authority of Heads of State of ECOWAS (the highest organ of the West African
sub-regional inter-state union) proceeded to order President Jammeh to vacate
his office at the expiration of his tenure by midnight on the 18th
of January 2017, or risk being forcefully removed from office by military action.
The order of
the Authority of Heads of State of ECOWAS immediately raised tension across The
Gambia, leading to mass exodus of peoples from Banjul, its capital city, to the
hinterland and, with several thousands more fleeing from The Gambia to neighbouring
Senegal and beyond. As the deadline approached, military hardware and soldiers
from ECOWAS member states (Nigeria, Senegal, Togo and Mali) amassed around The
Gambia in very hostile manners, preparatory for an invasion to implement the
order to vacate office imposed by the Authority of Heads of State of ECOWAS.
ECOWAS ACTION
IS UNLAWFUL AND ILEGAL.
The relationship
amongst ECOWAS member states is governed, basically, by the provisions of the ECOWAS
Treaty as revised. A fundamental principle upon which ECOWAS is rooted is the
principle of non-aggression against member states, as provided in Chapter II, Article
4(d) of the ECOWAS Treaty.
Chapter II, Article
4(e) further provides for “maintenance of
regional peace, stability and security through the promotion and strengthening of
good neighbourliness”, whilst Chapter II, Article 4(d) provides for “peaceful settlement of disputes among Member States, active co-operation
between neighbouring countries and promotion of a peaceful environment as a prerequisite
for economic development”.
Nowhere in
the ECOWAS Treaty is there a mandate for member states to wage war against other
member states.
The Authority
of Heads of State of ECOWAS has no powers whatsoever to unleash war or send in
troops under any guise, more particularly in an aggressive manner, against the
Government and peoples of The Gambia.
Quite contrary
to the use of force and waging of war against member states, the ECOWAS Treaty,
very explicitly provides for referral to its Community Court of Justice, which
is situate in Abuja, Nigeria. Most unfortunately, in its haste to remove President Yahya Jammeh
from office, ECOWAS and its Authority of Heads of States is in default of Chapter
III, Article 7 (3) {g} and {h} of the ECOWAS Treaty which provides as follows: “to refer where it deems necessary any
matter to the Community Court of Justice when it confirms, that a Member State
or institution of the Community has failed to honour any of its Obligations or
an institution of the Community has acted beyond the limits of its authority or
has abused the powers conferred on it by the provisions of this Treaty, by a decision
of the Authority or a regulation of the Council;
(h) request the Community Court of
Justice, as and when necessary, to give advisory opinion on any legal questions”
Only the African
Union and the United Nations Security Council have the mandate, under their
enabling charters to order military actions against recalcitrant governments
and or entities. The activities and war being waged against the peoples of The
Gambia by the ECOWAS and its Authority of Heads of States tantamount to a war of aggression under international law.
Impending
Mass Murders and Mass Atrocities.
Having concluded
that military action by ECOWAS and its constituent states against The Gambia
over mere electoral matters is a wasteful and vicious war of aggression,
it will be apt to access the quantum of
harm that will be occasioned, the entity leading the assault on The Gambia and
its peoples and likely consequences thereof.
Already, an
armada of forces comprised of soldiers from Nigeria, Senegal, Togo and Mali
have amassed on the borders of The Gambia. The Gambia basically has no
functional army. Considering the number of troops amassing at the borders of
The Gambia, in the event of an appropriate and expected resistance from
security personnel of The Gambia, a massacre of Gambian forces will ensue.
Also considering
the records of precision in the deployment of bombs and other arsenal of the
lead-country in the assault against The Gambia, heavy civilian causalities will
certainly occur. The Nigerian troops who are leading the assault against The
Gambia are synonymous with abuse of right of civilians in Nigeria and just
within the past 48 hours had bombed an Internally Displaced (IDP) Camp situate
in Nigeria killing over 100 civilians comprised of the IDP’s and some field
staff of international humanitarian organizations. Massive civilian causalities
can be presumed from the war of aggression being waged by ECOWAS against The
Gambia.
For the
deaths and atrocities resulting from an illegitimate and unlawful war of aggression,
there ought to be consequences to prevent repeats of such rascality in
international relationship between states.
Worrisome
Consequences:
What makes
the situation in The Gambia more worrisome is the fact that internal and domestic
conflict resolution mechanisms were basically not explored as the Authority of
Heads of State of ECOWAS appeared in a haste to flex powers that were far
outside its mandate. To compound matters, the Parliament of the Republic of The
Gambia, had as a stop-gap measure, passed a resolution conferring legitimacy
for a 90-day extension of tenure for President Jammeh, a resolution whose
validity was yet to be tested in under existing mechanisms of The Gambia. In other
words, if forces of the military of ECOWAS member states invade The Gambia to
install a new President on the 19th of January 2017 as is being
threatened, ECOWAS would have set a very worrisome precedent of ousting a
legitimate government of one of its member states.
ECOWAS is
setting a dangerous precedent for itself and countries within the union. If an
invasion can be undertaken for mere electoral issues for which available local
remedies have not been exhausted, who knows what excuse will found the next military
invasion of another member state further down the line? Will it be legitimate if
the military of any two or more member states of ECOWAS invade another ECOWAS
member state to stop the maltreatment or marginalization of ethnic minorities?
Will it be legitimate for such invasion to be undertaken over commercial
issues? ECOWAS has indeed opened a new vista of problems and conflict for itself from which
extrication will not be easy.
Picture: Map and Flags
of ECOWAS member states and the Arch 22 in Banjul, the capital city of The Gambia.
