Equatorial Guinea and Jammeh's Equation

The prospect of trying former Gambian dictator Yahya Jammeh has grown bigger with the plan of a tribunal supported by the regional political organization ECOWAS. But there's a snag: how to get him out of his protected exile in Equatorial Guinea? Equatoguinean lawyer Lucas Olo Fernandes explains how this country agreed to take Jammeh after his fall and what factors have prevented his extradition so far.

Since 2017, Gambia's former President Yahya Jammeh has been in exile in Equatorial Guinea. On 22 January 2025 he stated that he wanted to return to his country and his possible trial in The Gambia may seem more likely now. Announcements of a possible return have always existed, but what role Equatorial Guinea plays and what would motivate an extradition of Jammeh to The Gambia?

Jammeh arrived in Equatorial Guinea after the disputed 2016 Gambian presidential elections, when the Economic Community of West African States (ECOWAS), a regional political union, forced him out. The then President Alpha Condé of Guinea (Conakry) was the rotating president of the African Union. He interceded for Obiang to accept Jammeh after his fall. It is even believed that Condé was on the plane that took Jammeh out of Banjul, Gambia's capital city. By offering Jammeh a golden exile, Equatorial Guinea consolidated its position as an important ally for ECOWAS.

Equatorial Guinea had few relations with The Gambia, but its president Teodoro Obiang found a good opportunity to gain the trust of other African countries, and even project himself as a leader who supports a democratic transition, despite being himself in power since 1979, having won elections with an average of 95% of the votes, according to official results that have always been questioned by international institutions. Since Equatorial Guinea began actively exploiting oil in the mid-nineties, its African agenda has grown exponentially, especially in the areas of security.

Equatorial Guinea's problematic record

Equatorial Guinea, with a donation of 20 million US dollars to the AU, built the headquarters of the Committee of African Intelligence and Security Services (CISSA), an agency that aims to coordinate the intelligence agencies of African countries. Several African countries effectively collaborated with the intelligence services of Equatorial Guinea during those years. This is the case of Togo, also an ECOWAS country, where several political opponents of Obiang were arrested and transferred to Malabo. The UN Working Group on Arbitrary Detention called on both Equatorial Guinea and Togo to release some of the detainees and to open an investigation into the circumstances of their detention. Also in South Sudan, four Equatoguinean political dissidents were abducted in 2019 and taken to Malabo. One of them died in prison after alleged torture. In all cases these political opponents were arrested for an alleged attempt of coup d'état.

In 2017, the president's son - also vice-president of the country - was convicted of corruption in Paris and Equatorial Guinea sued France before the International Court of Justice on the grounds that the assets seized and the accused enjoyed diplomatic immunity. In this process, Equatorial Guinea argued, without judicial success, that France's actions were against the African continent. This argument sank better in African contexts and somehow managed to blur the underlying corruption case, pivoting in part the role of Equatorial Guinea from a culprit to a neocolonial victim.

In 2017 elections were held in Equatorial Guinea and the results were validated by AU observers. Equatorial Guinea ccupying an important role at the regional level and a relevant role in the African Peace and Security Council through CISSA, African institutions are unlikely to question its internal political situation. In fact Equatorial Guinea had been elected by the African Union to one of the rotating seats on the UN Security Council, a position it occupied for the period of 2018-2019. This was a first in the history of the country, giving it further international legitimacy.

Lessons from Charles Taylor

It is difficult to know the exact position of the Equatorial Guinean authorities regarding Jammeh. He looks like a ghost visitor. The majority of the population does not know that Jammeh is in the country or, if they do, they are not interested. He is thought to be located in the remote geographical area of Mongomo, although quite luxurious, in the far east of the country, right by the border with Gabon. He has rarely been seen. His activities are unknown, and the government has not opened a debate at the parliament or any public institution about hosting him or handing him over. In Equatorial Guinea there are no independent media, and the existing ones have not mentioned his situation, most likely because it is a topic vetoed for the media.

Following the political developments in The Gambia and the demand for him to be tried, from an Equatorial Guinean perspective the only possibility would be to agree on a convention to extradite Jammeh, given that there is no extradition treaty between the two countries. However, it is understood that this decision could only be made by President Obiang. There have been several visits by representatives of the Gambian government to Malabo, but they have not materialized in specific actions in relation to Jammeh, although trade agreements and the establishment of diplomatic relations have been signed.

One analysis is that Obiang would not be willing to surrender Jammeh as it would set a dangerous precedent by which an exiled former president can be used as a bargaining chip for geostrategic interests. One of the few precedents is the case of former president of Liberia Charles Taylor. Taylor was subject to an arrest warrant from the UN-sponsored Special Court for Sierra Leone for crimes against humanity. It took three years for the Nigerian government to surrender Taylor after a dubious alleged attempt by Taylor to escape, after the new Liberian government led by Helen Johnson Sirleaf officially asked for his extradition, and under pressure by the United States. The surrender was used as a tool of political publicity by Nigerian president Obasanjo, and Liberia immediately sent Taylor to the UN tribunal. In the case of Jammeh, there is no request from the Gambian government for his surrender, nor is there any direct pressure from ECOWAS or the United Nations for his surrender.

Voluntary return or extradition?

It should not be ruled out that Jammeh could return voluntarily, as many of his acolytes who were also in Equatorial Guinea have done. When he recently announced his return to the country, he said he had officially taken back the leadership of his party. It has been said that Jammeh is not entirely comfortable in Equatorial Guinea as he remains far from his country and his relatives. In Equatorial Guinea the spoken language is Spanish but in the area where he is located people generally only speak Fang, a local language. There are also very few mosques in that area - the country is predominantly Catholic - while Jammeh is known for his devotion to the Koran. The international standing of an ageing Obiang and the possibility of being sent back to Gambia unwillingly may encourage Jammeh to look for a dignifying voluntary return or to seek for a third host country.

A surrender is less likely without more forceful international pressure that should come from both the ECOWAS bloc, the AU and the UN. However, this possibility is complicated in the context of a weakened ECOWAS bloc after the withdrawal of three of its members (Mali, Burkina-Faso and Niger) announced in January 2024, a weak African Union and a divided UN Security Council. Arguably, the level of corruption; a human development index that does not correspond to its wealth; or the deep democratic gaps in Equatorial Guinea are clear factors of instability. Hence the arrival of Russian military personnel in Malabo and the relentless interest of the government in broader security matters based on the perceived constant concern of possible attacks or coups d'état in a country coveted for its oil wealth. Furthermore, there is the concern that extraditing Jammeh would be risking to create a precedent that may apply to the current regime leadership if faced to a similar situation.

Equatorial Guinea and Jammeh's Equation

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