Kenyan Lawyer Phoebe Okowa Elected to ICJ, Gambia’s Switch from Ba Tambedou to Femi Elias Ends in Defeat

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Photo: former Justice Minister, Ba Tambedou, renowned Kenyan international law expert Ms. Phoebe Okowa and Nigerian judge Femi Elias

By: Kebba Ansu Manneh

In a unanimous decision by the United Nations General Assembly and Security Council, renowned Kenyan international law expert Ms. Phoebe Okowa was elected as a judge at the International Court of Justice (ICJ) on November 12 2025, filling the vacancy left by Somalia’s Abdulqawi A. Yusuf. The election dashed Gambia’s hopes for its endorsed candidate, Nigerian judge Femi Elias, after the West African nation abruptly withdrew support from its former Justice Minister, Ba Tambedou, earlier this year.

Okowa, a professor of public international law at Queen Mary University of London and a seasoned advocate before the ICJ, succeeds Yusuf, who resigned effective September 30, 2025. According to the UN press Statement, “Pursuant to Article 15 of the Statute of the Court, Ms. Phoebe Okowa will hold office for the remainder of her predecessor’s term, which was due to expire on February 5, 2027.”

The ICJ, the principal judicial organ of the United Nations, consists of 15 judges elected for nine-year terms, with one-third of the judges renewed every three years to ensure continuity and stability. Judges must possess “high moral character” and meet the qualifications for the highest judicial offices in their countries or be recognized as jurisconsults in international law, as stipulated in Article 2 of the Court’s Statute. Article 9 mandates the representation of the world’s major civilizations and principal legal systems, with no two judges sharing the same nationality.

The election, announced November 12—resulted in the following bench: President Iwasawa Yuji (Japan), Vice-President Julia Sebutinde (Uganda), and members Peter Tomka (Slovakia), Ronny Abraham (France), Xue Hanqin (China), Dalveer Bhandari (India), Georg Nolte (Germany), Hilary Charlesworth (Australia), Leonardo Nemer Caldeira Brant (Brazil), Juan Manuel Gómez Robledo (Mexico), Sarah H. Cleveland (United States), Bogdan-Lucian Aurescu (Romania), Dire Tladi (South Africa), Mahmoud Daifallah Hmoud (Jordan), and Phoebe Okowa (Kenya).

Gambia’s bid began optimistically in February 2025 when the government nominated Ba Tambedou, a prominent human rights lawyer and former Attorney General under President Adama Barrow, for the ICJ seat. Tambedou, known for leading Gambia’s genocide case against Myanmar at the ICJ, was seen as a strong African contender.

However, on July 7, 2025, the government executed a surprising U-turn, withdrawing support for Tambedou and pivoting to Femi Elias, a respected Nigerian jurist. Official reasons remain unclear, but sources close to Banjul suggest internal political pressures and regional alliances influenced the shift. Elias, despite Gambian backing, failed to secure the required concurrent majorities in both UN bodies.

The withdrawal sparked widespread backlash in Gambia. Citizens and opposition figures decried it as a betrayal of national pride. Lawyer Ousainou Darboe, leader of the United Democratic Party (UDP), was among the last to condemn the move, calling it “a disservice to Gambian sovereignty and judicial excellence” in a public statement.

Okowa’s victory underscores Kenya’s growing influence in international jurisprudence. With expertise in environmental law, human rights, and state responsibility, she brings a fresh East African perspective to the court, which has increasingly handled cases on climate change and territorial disputes.

UN officials hailed the election as a smooth process, affirming global legal diversity. “Ms. Okowa’s election ensures continued African representation,” a spokesperson noted.

For Gambia, the outcome marks a diplomatic setback, highlighting the complexities of UN elections where regional blocs and superpowers often sway votes. As the ICJ prepares for upcoming cases, including advisory opinions on climate obligations, Okowa’s tenure begins immediately, promising robust contributions to world justice.

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