By Omar Bah
Lucas Olo Fernandes, a respected Equatoguinean lawyer and expert in governance and human rights, has warned that President Teodoro Obiang Nguema Mbasogo will not surrender Yahya Jammeh.
The prospect of trying the former Gambian dictator gained momentum with a plan to set up a tribunal supported by Ecowas. But there’s a problem about how to get him out of his protected exile in Equatorial Guinea.
In a detailed write-up obtained by The Standard, Lawyer Fernandes explained how his country agreed to take Jammeh after his fall and what factors have prevented his extradition so far.
He went on: “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.”
He revealed that 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 Ellen Johnson Sirleaf officially asked for his extradition, and under pressure by the United States.”
He said Taylor’s surrender was used as a tool of political publicity by then Nigerian president Olusegun 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,” the lawyer argued
Lawyer Fernandes further argued that 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, he added, “There are no independent media, and the existing ones have not mentioned Jammeh’s situation, most likely because it is a topic vetoed for the media”.
He said following recent political developments in The Gambia and the demand for Jammeh 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 materialised in specific actions in relation to Jammeh, although trade agreements and the establishment of diplomatic relations have been signed,” Lawyer Fernandes said.
