The possibility of prosecuting former Gambian dictator Yahya Jammeh has increased with the proposal of a tribunal backed by the regional political organisation ECOWAS. However, there’s a challenge: how to extract him from his safeguarded exile in Equatorial Guinea? Lucas Olo Fernandes, a lawyer from Equatorial Guinea, discusses the agreement made by the country to accept Jammeh following his downfall and the various factors that have hindered his extradition to this point.
Since 2017, former President Yahya Jammeh of Gambia has been living in exile in Equatorial Guinea. On 22 January 2025, he expressed his desire to return to his country, and the possibility of his trial in The Gambia appears to be more likely now. There have consistently been announcements regarding a potential return, yet the specific role of Equatorial Guinea and the motivations behind an extradition of Jammeh to The Gambia remain unclear.
Jammeh reached Equatorial Guinea following the contentious 2016 Gambian presidential elections, during which the Economic Community of West African States (ECOWAS), a regional political union, compelled his departure. Alpha Condé, the former President of Guinea (Conakry), held the position of rotating president of the African Union. He advocated for Obiang to welcome Jammeh following his downfall. There are even beliefs that Condé was aboard the plane that transported Jammeh from Banjul, the capital city of Gambia. By granting Jammeh a golden exile, Equatorial Guinea strengthened its role as a significant ally for ECOWAS.
Equatorial Guinea maintained limited relations with The Gambia, yet President Teodoro Obiang identified a favourable opportunity to build trust with other African nations and present himself as a proponent of democratic transition. This is notable considering he has been in power since 1979 and has secured elections with an average of 95% of the votes, a figure that has consistently faced scrutiny from international organisations. Since Equatorial Guinea commenced its oil exploitation in the mid-nineties, its African agenda has expanded significantly, particularly in the realm of security.
Equatorial Guinea’s troubling history
Equatorial Guinea, through a generous donation of 20 million US dollars to the AU, established the headquarters of the Committee of African Intelligence and Security Services (CISSA), an agency designed to coordinate the intelligence agencies across African nations. During those years, various African nations successfully worked together with the intelligence services of Equatorial Guinea. This case involves Togo, another ECOWAS nation, where numerous political opponents of Obiang were apprehended and taken to Malabo. The UN Working Group on Arbitrary Detention urged Equatorial Guinea and Togo to release certain detainees and to initiate an investigation into the conditions surrounding their detention. In South Sudan, four Equatoguinean political dissidents were abducted in 2019 and transported to Malabo. One of them passed away in prison following claims of torture. In every instance, these political adversaries were detained for an alleged attempt at a coup d’état.
In 2017, the president’s son, who also held the position of vice-president, was found guilty of corruption in Paris. Subsequently, Equatorial Guinea brought a case against France before the International Court of Justice, arguing that the seized assets and the accused were protected by diplomatic immunity. Equatorial Guinea contended, though unsuccessfully in court, that France’s actions were detrimental to the African continent. This argument resonated more effectively in African contexts and, in doing so, obscured the underlying corruption case, shifting the perception of Equatorial Guinea from a perpetrator to a neocolonial victim.
In 2017, elections took place in Equatorial Guinea, and the outcomes received validation from AU observers. Equatorial Guinea holds a significant position at the regional level and plays a notable role in the African Peace and Security Council via CISSA, making it improbable for African institutions to challenge its internal political circumstances. Equatorial Guinea was elected by the African Union to hold one of the rotating seats on the UN Security Council, a role it fulfilled during the period of 2018-2019. This marked a significant milestone in the nation’s history, enhancing its international legitimacy.
Insights from Charles Taylor
The precise stance of the Equatorial Guinean authorities on Jammeh remains unclear. He resembles a spectral presence. Most people are unaware that Jammeh is in the country, or if they are, they show little interest. He is believed to be situated in the remote region of Mongomo, which, while quite luxurious, is located in the far east of the country, adjacent to the border with Gabon. He has seldom been observed. The nature of his activities remains unclear, and there has been no discussion in parliament or any public institution regarding the possibility of hosting him or extraditing him. In Equatorial Guinea, independent media is nonexistent, and the outlets that do exist have not addressed his situation, likely due to a media blackout on the topic.
In light of the political developments in The Gambia and the calls for his trial, from the perspective of Equatorial Guinea, the only feasible option would be to establish a convention for the extradition of Jammeh, considering the absence of an extradition treaty between the two nations. It is clear that this decision rests solely with President Obiang. Representatives of the Gambian government have made multiple visits to Malabo; however, these visits have not led to concrete actions regarding Jammeh, despite the signing of trade agreements and the establishment of diplomatic relations.
One analysis suggests that Obiang may be reluctant to surrender Jammeh, as doing so could establish a perilous precedent where an exiled former president is leveraged as a pawn for geostrategic interests. One notable precedent is the case of former president of Liberia, Charles Taylor. Taylor faced an arrest warrant issued by the UN-sponsored Special Court for Sierra Leone due to allegations of crimes against humanity. After a questionable alleged attempt by Taylor to escape, it took three years for the Nigerian government to surrender him, following an official request for extradition from the new Liberian government led by Helen Johnson Sirleaf and under pressure from the United States. The surrender served as a means of political publicity for Nigerian president Obasanjo, while Liberia promptly dispatched Taylor to the UN tribunal. Regarding Jammeh, the Gambian government has not made any request for his surrender, and there is no direct pressure from ECOWAS or the United Nations concerning his surrender.
Return voluntarily or seek extradition?
One cannot dismiss the possibility that Jammeh might choose to return voluntarily, similar to many of his supporters who have also made their way back from Equatorial Guinea. Upon his recent announcement of returning to the country, he stated that he had officially reclaimed the leadership of his party. It has been noted that Jammeh experiences a certain level of discomfort in Equatorial Guinea, as he is distanced from his homeland and family. In Equatorial Guinea, Spanish is the spoken language; however, in the region where he is situated, the local population primarily communicates in Fang, a native language. In that area, there are quite limited mosques, as the country is mainly Catholic, whereas Jammeh is recognised for his commitment to the Koran. The international position of an ageing Obiang, along with the potential of being sent back to Gambia against his will, might motivate Jammeh to consider a dignified voluntary return or to pursue a third host country.
A surrender is unlikely without stronger international pressure that should be exerted by both the ECOWAS bloc, the AU, and the UN. Nonetheless, this situation is made more complex by the diminished state of the ECOWAS bloc following the announcement in January 2024 of the withdrawal of three of its members (Mali, Burkina Faso, and Niger), alongside a frail African Union and a fragmented UN Security Council. The level of corruption, a human development index that fails to align with its wealth, and the significant democratic deficiencies in Equatorial Guinea are evident contributors to instability. Thus, the presence of Russian military personnel in Malabo and the government’s unwavering focus on wider security issues stem from an ongoing apprehension regarding potential attacks or coups d’état in a nation prized for its oil riches. Additionally, there is concern that extraditing Jammeh could set a precedent that might affect the current regime’s leadership if confronted with a similar scenario.
