ECOWAS Boosts Jammeh Trial Prospects but Exile Blocks Move

Yahya Jammeh, the ex-dictator of The Gambia, might stand trial soon. ECOWAS, a regional political group, plans to support a special court for his case. But there's a problem. Jammeh has been safely hiding out in Equatorial Guinea since 2017. Lucas Olo Fernandes, a lawyer from that country, shared some insights. He explained why Equatorial Guinea took Jammeh in after his downfall. Fernandes also discussed what's stopped Jammeh from being sent back to The Gambia.

Jammeh fled to Equatorial Guinea after a disputed election in 2016. ECOWAS pushed him to step down as Gambia's president. Guinea-Conakry's leader at the time, Alpha Condé, was also head of the African Union. He convinced Equatorial Guinea's President Obiang to accept Jammeh. Condé may have even been on the plane that whisked Jammeh away from Banjul, Gambia's capital city. Giving Jammeh a cushy exile made Equatorial Guinea look good. It seemed like an important friend to ECOWAS.

Equatorial Guinea and The Gambia weren't close before. However, President Obiang saw a chance to gain the trust of other African nations. He could come across as a champion of democracy, even though he's held power since 1979. Obiang has won elections with around 95% of the votes. International groups always question those official results, though. When Equatorial Guinea started producing lots of oil in the mid-1990s, it got more involved in African affairs. This was especially true for security matters.

Some political enemies of Equatorial Guinea have been arrested in other countries. They were then sent to its capital, Malabo. This occurred in Togo, another ECOWAS member. The UN said Equatorial Guinea and Togo should free some prisoners. It wants a review of why they were held at all. In 2019, four people against the government were kidnapped in South Sudan and taken to Malabo. One died in jail after being tortured. Officials claimed all these critics were part of attempted coups.

In 2017, a French court convicted Equatorial Guinea's vice president of corruption. He also happens to be the president's son. The country then sued France in an international court. It argued that the man and his seized assets had diplomatic protection. Equatorial Guinea said France was attacking Africa with this case. That stance didn't work in the legal setting. But it played better with other African countries. Suddenly, Equatorial Guinea shifted from corrupt to a victim of lingering colonialism.

Elections in Equatorial Guinea that same year got a thumbs-up from African Union observers. The small nation holds an important spot in the AU's Peace and Security Council, representing central Africa in that group. With this setup, other African institutions aren't likely to complain about how things run inside Equatorial Guinea. In fact, the African Union chose the country for a rotating seat on the UN Security Council. Equatorial Guinea served from 2018 to 2019. This was a first and gave it even more global credibility.

The government of Equatorial Guinea hasn't said much about Jammeh. Most people there don't realize he's around. If they do, they don't pay him any attention. He seems to be staying in Mongomo, a faraway but fancy area in the east. It's right next to the border with Gabon. Jammeh hasn't been spotted often. No one knows what he's up to. The government hasn't brought up his status in parliament or publicly. There aren't any independent media sources in Equatorial Guinea. The ones that do exist haven't touched this topic. It's probably not allowed.

As things develop in The Gambia, Equatorial Guinea's only real option would be a special agreement to send Jammeh back. The two countries don't have an extradition treaty, so President Obiang would have to personally decide on this. Officials from The Gambia have gone to Malabo several times. They haven't made any clear progress on Jammeh's situation, but they have signed trade deals and set up diplomatic ties.

Obiang may not want to hand over Jammeh. It could set a bad example. Former presidents in exile might become bargaining chips for strategic goals. There aren't many previous cases like this to go by. Charles Taylor was one. He led Liberia in the past. The UN wanted to arrest him for crimes against humanity. Taylor was hiding out in Nigeria. It took the government three years to give him up. Some think Taylor tried to escape right before it happened. Liberia's new president had to ask for his extradition formally. The United States also had to put on some pressure. Nigeria's President Obasanjo used the handover as a political win. Liberia quickly sent Taylor to a UN court. But The Gambia hasn't officially requested Jammeh. ECOWAS and the UN haven't directly pushed for his return, either.

Jammeh could still choose to go back on his own. Many of his supporters who were with him in Equatorial Guinea have done just that. He recently declared he was taking over his old political party again. There are rumors Jammeh isn't very happy in Equatorial Guinea. It's a long way from home and family. People speak Spanish there. But in Mongomo, the local language of Fang is more common. The area doesn't have many mosques. It's mostly Catholic. That could be tough for Jammeh, who really loves the Quran. An aging Obiang might be losing global influence. There's an outside chance Jammeh could be forced to leave. He may want to head home with his pride intact before that happens. Or he might just find a new country to hide out in.

Sending Jammeh to The Gambia by force is a long shot. It would take serious international effort. ECOWAS, the African Union, and the UN would have to team up and really lean on Equatorial Guinea. But ECOWAS is weaker these days. Three countries quit the bloc in January 2024 - Mali, Burkina Faso, and Niger. The African Union has its struggles. The UN Security Council is split. You'd think Equatorial Guinea would be an obvious source of instability. It's extremely corrupt. The country is rich, but its people stay poor. Real democracy just doesn't exist there.

That's why Russian troops recently showed up in Malabo. The government is always worried about security threats in the widest sense. Equatorial Guinea has plenty of oil. It's afraid of attacks or coups by people who want that wealth. Jammeh's case also brings up concerns for the current leaders. They don't want his extradition to create a precedent. The same thing could happen to them one day.
 

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