South Sudan’s government said Thursday that the fate of suspended First Vice President Dr. Riek Machar rests entirely with the judiciary, rejecting international calls for his release.
The statement follows a demand from Nigeria for the “immediate and unconditional release of the First Vice President, Riek Machar, as well as other detained opposition figures.” Nigeria made the demand during an African Union High-Level Ad Hoc Committee for South Sudan (C5 Plus) meeting in Addis Ababa last week.
The C5 comprises one representative from each of the continent’s five regions: Algeria, Chad, Nigeria, Rwanda, and South Africa. The committee is chaired by Cyril Ramaphosa, President of South Africa.
The body is mandated by the AU Peace and Security Council to enhance the AU’s support for the mediation efforts of the Intergovernmental Authority on Development (IGAD).
Minister of Information Ateny Wek Ateny told reporters in Juba that the executive branch would not interfere in the legal proceedings.
“The last recommendation is that nobody should interfere in the Republic of South Sudan’s sovereignty. That includes requests from other member states. Dr. Riek is under a competent court, and that court is the one trying him; the decision will come from that court,” Ateny said.
Political deadlock
Machar, 73, has been under house arrest in the capital since March 2025 and has faced treason charges in a special court since September. He and seven co-accused also face charges of murder, conspiracy, terrorism, and crimes against humanity.
The prosecution stems from allegations that Machar supported the White Army militia during clashes with the military in Nasir, Upper Nile State. Machar’s party denies any links with the militia.
The 2018 peace deal returned Machar to government as the most senior of five vice presidents. However, his current prosecution has been criticized by some as a violation of that agreement, coinciding with a surge in violence.
Dispute over AU position
Ateny dismissed calls for Machar’s release as the opinion of “individual member states” rather than the collective position of the African Union.
“If I may tell you what transpired in Addis Ababa, you just quoted the view of one-member state. That was Nigeria’s view as part of the C5,” Ateny said. “One individual member state’s view cannot define the whole issue. The communique is about to be released, and I will not discuss its details before it is made public.”
Elections to proceed
Despite the political crisis, Ateny said that 13 of the 15 members of the African Union agreed that South Sudan’s elections should proceed as scheduled in December.
“All countries, except two of 15, have agreed that the South Sudan election must go on as planned. There is no other way for the government to draw its legitimacy,” Ateny said. “Unless you are asking the government of South Sudan to step aside, which would invite anarchy, because the government controls the implementation of laws in the country.”
Ateny added that the government would “delink” certain provisions of the 2018 peace agreement, such as the requirement for a census and a permanent constitution, to ensure the vote happens in December.
“When we talk about a permanent constitution, it means a constitution that can remain in place for at least five or 10 years without amendment. Kenya spent 50 years to achieve that. So the permanent constitution is now delinked, and the census is also delinked,” he said.