CSO writes ICC over move to probe Nigerian security agencies

Some international civil society organisations have written the International Criminal Court’s chief prosecutor Fatou Bensou over the move to probe Nigerian security agencies.

In the letter signed by its director of communication, Zakari Yinusa, the International Human Rights Protection Forum (IHRPF), the IHRPF alleged that the ICC pre-convicted the military.

The CSO said the armed forces under the current dispensation adhere strictly to the extant laws, rules of engagement and international best practices.

It said it would on Abubakar Malami, attorney-general of the federation, to cease further cooperation with the International Criminal Court in terms of exchange of classified national security information or legal documents.

The letter below:

Our International Human Rights Protection Forum (IHRPF) has always advocated that perpetrators of terrible crimes against the human race must be held to account. To this end, we closely monitored the recent #EndSARS Protests in Nigeria and forwarded not less than three different Criminal Complaints to your office against various individuals, groups and institutions found complicit in escalating the crises which almost ruined our dear country. We are aware that other human right organizations equally wrote and supplied avalanche of incriminating pieces of evidence against some non-state actors for fueling the ill-fated #EndSARS Protests.  

Our expectation is that as the Chief Prosecutor of the ICC, you would within this period that Nigeria is struggling to recover from the severe pains inflicted on her citizens and economy, concentrate on adequately considering the multiple Criminal Complaints piling on your table with a view to bringing the identified culprits to book. We submit that by all standards, the hasty manner in which the Nigerian Security Forces were pre-convicted through your pronouncement on Friday, 11th December, 2020 is faulty. 

A situation whereby you allow leaders of Boko Haram as well as the like Mazi Nnamdi Kanu who continually rebel constituted authorities in Nigeria to move freely across the world but rather choose to declare cold legal war against the Nigerian Security Forces is rather unfortunate. Our investigations also reveal that Nigerian Armed Forces under the current dispensation in carrying out counter terrorism operations within the North East and other parts of the country have over the years ensured that their troops do everything possible to adhere strictly to the extant laws, rules of engagement and international best practices. On no account shall we allow the ICC to dampen the morale of military troops who have been fighting tirelessly to keep Nigeria and her people safe. As far as we are concerned, the position you have taken is a subtle way of casting aspersions on the military while at the same time strengthening the terrorists and their sympathizers to keep unleashing mayhem on innocent citizens. This we condemn in its entirety and call on other sister organizations to join in the struggle to save Nigeria from another foreign oppression.

We shall prevail on the Attorney-General of the Federation and Minister of Justice, Mallam Abubakar Malami SAN through civil actions to cease further cooperation with the International Criminal Court in terms of exchange of classified national security information or legal documents. We will equally prevail on the Federal Republic of Nigeria to opt-out of being a signatory to the Rome Statute and adopt a new policy of protecting her military personnel, officials, and nationals from your illegitimate use of the powers inherent in the ICC. After all, the core issues of when Nigeria can lawfully resort to armed force, how that force may be applied, and whether particular actions constitute serious international offences of war crimes, crimes against humanity, or genocide are duly covered by local laws. 

In particular, Section 217 (1) and (2) (a) – (d) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) no doubt clothes the Armed Forces with the authority to take charge of defending Nigeria from external aggression, maintaining its territorial integrity and securing its borders from violation on land, sea or air. The Armed Forces are also empowered to suppress insurrection and act in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly. Section 3 of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004 fortifies the powers of the Armed Forces when it provides that they shall be charged with the defence of the Federal Republic of Nigeria by land, sea and air and with such other duties as the National Assembly may from time to time prescribe or direct by an Act.

 The need for the ICC to remain accountable to the United Nations Security Council in line with Chapter 5, Article 24 (1) of the UN Charter for purposes of maintaining international peace and security cannot be overemphasized. Massive atrocities have been committed by terrorists in Nigeria under your nose yet you kept mute, only to regain your voice where the military is mentioned. The best thing we envisage from your office in the coming days is to prove to the world that ICC is indeed not being subjected to undue pressure from Western Nations.