By Melville Robertson Roberts Esq
Barrister Malick HB Jallow’s recent commentary on the legal implications of former President Yahya Jammeh’s anticipated return raises crucial constitutional and human rights questions that deserve serious national reflection. However, any honest engagement with this issue must go beyond the narrow legal lens and acknowledge the complex political, historical, and social dimensions that shape Jammeh’s legacy and the country’s current trajectory.
The Context of Departure and the Spirit of Peace:
It bears repeating that Yahya Jammeh’s departure from The Gambia in January 2017 was not the result of a military defeat or international arrest warrant, but rather a voluntary act undertaken to avert bloodshed and preserve national peace.
After weeks of political tension following the disputed 2016 election results, Jammeh ultimately accepted the Ecowas-brokered deal and agreed to go into exile. This singular decision prevented a potential civil conflict at a time when armed confrontation was a real possibility.
History must record that, whatever one’s views of his regime, Yahya Jammeh gave peace a chance. This act alone saved countless Gambian lives and sustained the stability upon which the current administration thrives today.
The question of legal accountability and fair process:
Mr Jallow rightly notes that every accused person is entitled to a fair hearing. Yet, the truth remains that the TRRC process, while important, heard numerous allegations without ever granting President Jammeh the opportunity to respond or defend himself.
If justice is to be done and seen to be done, due process must not be sacrificed for political convenience.
It is contradictory to demand accountability while simultaneously denying the accused the basic right of representation. Justice must be impartial, not selective, and certainly not a political tool invoked only when Jammeh’s return is mentioned.
The Constitutional Right to Return Home:
The right to return to one’s country is inalienable under both domestic and international law.
Article 13(2) of the Universal Declaration of Human Rights states clearly that “everyone has the right to return to his country.”
The 1997 Gambian Constitution equally protects this right. Unless a competent court of law specifically bars Jammeh from returning, which no court has, his right to re-enter The Gambia remains constitutionally protected.
Political Realities and the Will of the People:
It would be naïve to ignore the political dimension of this debate.
Eight years after Jammeh’s departure, his support base remains one of the largest and most organised in the country. The continued growth of the APRC-NPP alliance, and the nostalgia voiced even by non-APRC supporters, reveal a broader public disillusionment with the state of governance under the Barrow administration.
Widespread perceptions of endemic corruption, inflated contracts, poor service delivery, and moral decay in the public sphere have triggered renewed comparisons between the Jammeh and Barrow eras. Increasingly, citizens are asking whether The Gambia has truly advanced or merely changed faces.
This sentiment “it was better under Jammeh” cannot be dismissed as blind loyalty; it reflects genuine socio-economic frustration and a yearning for decisive leadership and discipline in governance.
The rule of law must be consistent:
The selective application of justice erodes the rule of law. If The Gambia is serious about accountability, then it must apply the law evenly across all administrations.
The TRRC has highlighted atrocities under Jammeh’s rule, yes, but corruption and abuse of office under the current government have also reached alarming proportions.
If justice is to be blind, then investigations and prosecutions must not stop at 2017. The victims of misrule today deserve as much attention as the victims of yesterday.
A path forward in truth, reconciliation, and national unity:
Rather than reheating political hostilities, Jammeh’s potential return should be used as a catalyst for genuine national reconciliation.
The South African example of transitional justice demonstrates that peace and accountability are not mutually exclusive. Jammeh’s return under clear legal guarantees, could open a new chapter in Gambian history where truth, forgiveness, and unity replace vengeance and selective memory.
A reconciled nation is not one that forgets, but one that dares to heal. The Gambia, now deeply divided and weary of broken promises, needs that healing more than ever. In the end, Yahya Jammeh’s anticipated return should not be seen as a threat to the state, but as a test of the state’s maturity, fairness, and constitutional integrity.
He remains a Gambian citizen, a former head of state, and a political figure with undeniable national influence. Until a competent court decides otherwise, he is entitled to the rights, dignity, and protections afforded to every citizen.
The real question, therefore, is not whether Jammeh can return but whether The Gambia has matured enough to handle his return with justice, restraint, and fairness.
