Gambiaj.com – (Banjul, The Gambia) – The Government of The Gambia has affirmed that former President Yahya Jammeh, like any Gambian citizen, has a constitutional right to return home—but warned that this right does not exempt him from facing justice for serious crimes committed during his 22-year rule.
In a statement issued on Tuesday, the government said it “takes with utmost seriousness” the findings of the Truth, Reconciliation, and Reparations Commission (TRRC), which implicated Jammeh in gross human rights violations, including murder, torture, enforced disappearances, and sexual violence.
“If and when Mr. Jammeh returns, robust legal processes will be activated in line with The Gambia’s laws,” the statement said. “This will include investigation, arrest, and prosecution, with a guarantee of due process, fair trial standards, and respect for the rights of all involved.”
The government also sought to dispel recent claims that Jammeh had been granted immunity or that an agreement existed protecting him from prosecution.
It clarified that “no such agreement exists,” and that the only document linked to Jammeh’s 2017 departure—a Joint Declaration by the African Union, ECOWAS, and the United Nations—was “an unsigned diplomatic effort to secure a peaceful transition, not a binding guarantee.”
According to the statement, the declaration “conferred no immunity from prosecution, nor did it place former President Jammeh beyond the reach of the law.”
Reaffirming its commitment to justice and accountability, the government underscored that “as a sovereign nation, The Gambia retains the right and duty to prosecute serious crimes within its territory. No political understanding, signed or unsigned, can override this fundamental obligation.”
The statement further assured victims and their families that their “pursuit of justice remains at the heart of the nation’s reconciliation and reform process,” noting that the government’s White Paper on the TRRC’s recommendations continues to guide efforts toward accountability, justice, and non-recurrence.
“The government remains steadfast in building a just, peaceful, and democratic society for all Gambians,” it added, vowing to ensure that “the rule of law is upheld and impunity is never tolerated.”
