The ECOWAS Court of Justice has adopted an amicable settlement between the Government of The Gambia and eight family members of former parliamentarian Mahawa Cham. The settlement, adopted as a Consent Judgment on Tuesday, October 6, 2026, requires the Government to investigate and prosecute those allegedly responsible for Cham's disappearance and unlawful killing. The case was brought by the Cham family, represented by the Institute for Human Rights and Development in Africa (IHRDA) and the African Network Against Extrajudicial Killings and Enforced Disappearance (ANEKED).
Under the terms of the settlement, the Government has committed to investigating and prosecuting the unlawful disappearance and killing of Mahawa Cham within one year of the date of settlement. This is in line with its obligations under the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights. The Government has also committed to prosecuting the case against all alleged perpetrators to its final conclusion.
The settlement also requires the Government to exhume and surrender Mahawa Cham's mortal remains to his family. This move is expected to provide long-awaited closure to relatives who have spent years seeking answers about his fate. The Truth, Reconciliation and Reparations Commission (TRRC) had concluded in its final report of November 25, 2021, that Cham was unlawfully disappeared and killed, and recommended the prosecution of the alleged perpetrators.
The Government had accepted the TRRC's recommendations through its White Paper, making the latest settlement a significant development in efforts to implement those recommendations. The settlement also provides for compensation to the plaintiffs at an amount agreed by the parties and approved by the Court. Lamin Cham, son of Mahawa Cham, expressed hope that the settlement would bring closure to his family and give hope to other families still waiting for justice.
The Cham family has faced significant hardships since Mahawa Cham's disappearance. "The absence of our father has brought a lot of difficulties and hardship to our family," Lamin Cham said. "Nobody can pay for a soul, but reparation can go a long way towards addressing some of the major hardships we have faced." He urged the Government to hold the alleged perpetrators accountable.
The settlement also requires the Government to strengthen transitional justice mechanisms, including the Victims Reparations Commission and the National Human Rights Commission. It also commits the Government to strengthening existing measures for promoting accountability for human rights abuses and crimes committed between July 1994 and January 2017. IHRDA and ANEKED will continue monitoring implementation of the Consent Judgment and engage relevant authorities to support its full and timely implementation.
Awa Gai, Legal Representative from IHRDA, stressed that timely implementation of the settlement was critical to ensuring that justice was delivered. Sirra Ndow, ANEKED Gambia Country Director, urged the Government to accelerate implementation of the TRRC recommendations and ensure justice, reparations, accountability, and guarantees of non-recurrence for victims of human rights violations.
Key points
- The ECOWAS Court of Justice has ordered the Government of Gambia to exhume the remains of former parliamentarian Mahawa Cham.
- The Government has committed to investigating and prosecuting the unlawful disappearance and killing of Mahawa Cham within one year of the date of settlement.
- The settlement provides for compensation to the plaintiffs and requires the Government to strengthen transitional justice mechanisms.
