The Nation Newspaper

Tag: International Criminal Court

  • 2019: Nigeria assures international community of free, credible elections

    Frowns at ICC’s decision to investigate cases against it

    Nigerian government will do all within its powers to ensure the conduct of free, fair and credible elections in 2019, Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) has said.

    Malami said the country was mindful of the implication of a flawed election on its reputation and was willing to ensure that elections were held in a manner that will not require the intervention of foreign agencies like the International Criminal Court (ICC).

    The AGF spoke in Abuja on Thursday while playing host to the visiting President of the ICC, Professor Chile Ebue Osuji.

    Malami expressed Nigeria’s concern over the ICC’s decision to continue to entertain eight cases relating to it and in connection with its handling of the problem of terrorism in the country.

    The AGF said it was regrettable that despite Nigeria’s support and commitment to the ideals of the ICC, the court has proceeded to escalate the eight potential cases relating to Nigeria.

    He said: “Presently, the ICC has escalated the eight potential cases against Nigeria – six against the Boko Haram and two against the military – from the initial preliminary examination to preliminary investigation.

    “This is worrisome as Nigeria has demonstrated beyond doubt, and in absolute cooperation with the ICC, that it is willing and able and, as a matter of fact, it is indeed arresting, investigating and prosecuting anyone that commits any offence that falls within the Rome Statute of the ICC.

    “The above being the case, Nigeria views the escalation of the eight potential cases as uncalled for in the circumstance.

    “Nevertheless, as a country that believes in the operation of the rule of law, fundamental freedom and the need to fight impunity in all ramifications, the escalation of the eight potential cases will not deter us from further expressing and demonstrating support to the ICC.”

    Malami said Nigeria’s recent decision to defray all its arrears of assessed contributions, totaling €1,303,402.00 was a demonstration of the country’s support for Osuji’s leadership of the ICC.

    The AGF assured that the country will prevail on countries that have withdrawn their membership of the court or threatening to do so to reconsider their position.

    Malami added: “Let me assure you that my office will continue to work with the National Assembly to ensure speedy passage of the Bill for the domestication of the Rome Statute of the ICC, which is currently awaiting action by the National Assembly.”

    He urged Osuji to ensure that his reign favours the country, particularly when there are job openings.

    Responding, Osuji praised the countries for its support to the ICC and assured that the court will continue to ensure work against injustice and abuse of powers in its area of jurisdiction.

    The ICC President described as inaccurate and erroneous the impression that Article 27 of the Rome Statute,  that abhors immunity for any head of state or senior government officials was targetted at African leaders.

    He said the provision and the reason for that portion of the Rome Statute predate Independent African states.

  • President al-Bashir defies ICC arrest warrant by visiting Uganda

    President al-Bashir defies ICC arrest warrant by visiting Uganda

    President Omar al-Bashir of Sudan arrived for a three-day visit in Uganda on Monday, defying an International Criminal Court (ICC) arrest warrant against him.

    The ICC issued arrest warrants for al-Bashir in 2009 and 2010 on charges of war crimes, genocide and crimes against humanity in the Sudanese region of Darfur.

    Uganda is not planning to arrest him, in spite being a signatory to the Rome Statute that established the ICC, Ugandan President Yoweri Museveni’s press secretary Don Wannyama said.

    “Uganda’s position is that the arrest warrant is uncalled for, which is the position of the African Union,” said Wannyama.

    “Our position is that Africa can solve its own problems.’’

    Al-Bashir and Museveni were meeting to hold bilateral talks on the issues of trade, regional security and migration, according to the press secretary.

    It is al-Bashir’s second visit to the East African nation since the warrants were issued.

    In May 2016, the Sudanese leader attended a re-election ceremony held for Museveni.

    Other African nations, including South Africa, have ignored the ICC’s demands to detain al-Bashir.

    In July, the ICC ruled that South Africa violated its rules when failing to arrest al-Bashir during his visit to Johannesburg in 2015.

    The court did not, however, refer the case to the UN Security Council, saying that would not foster cooperation with South Africa.

  • Prosecution counsel withdraws from Justice Ngwuta’s trial

    Prosecution counsel withdraws from Justice Ngwuta’s trial

    Prosecution counsel, Charles Adeogun-Philips, on Thursday withdrew from the trial of Supreme Court judge, Justice Sylvester Ngwuta, who is being prosecuted by the Federal Government on money laundering charges of over N500 million.

    Adeogun-Philips, engaged from the International Criminal Court, announced his decision to withdraw from the case when the case up for continuation of trial before Justice John Tsoho of the Federal High Court, Abuja.

    The lawyer announced his withdrawal when the case was called for cross-examination.

    Adeogun-Philips, rose to tell the judge that he had decided to withdraw from the case, but he did not give reason for his withdrawal.

    Mrs Hajara Yusuf, a counsel from the Office of the Director of Public Prosecutions of the Federation, however, took over as the leader of the prosecuting team.

    She said: “I have been instructed to inform the court that Mr Charles Adeogun-Philips, the lead prosecuting counsel, will no longer be appearing in this matter.

    “In view of this change, myself and my colleagues will be appearing, subject when arrangement will be made in due course.”

    The judge thanked Adeogun-Philips for his courtesy in the course of his appearance for the prosecution.

    “The court has taken into notice of the withdrawal of the prosecution counsel Mr Charles and the court wishes him success in his further endeavours,” the judge said.

    The lead defence counsel, Chief Kanu Agabi (SAN), also commended the erstwhile prosecuting counsel’s conduct and wished him success too.

    The lead defence counsel, Agabi, however, cross examined Mr Nwaba Linus, the first prosecution witness.

    Linus said he was paid for the services he rendered to the defendant because he thought it was legal

    “I would not have accepted the payment if I thought it was a crime, but he explained the source of the money that was why I accepted.

    “The work I did for the defendant was in the open, I documented all the construction I did for him and the document cannot be regarded as illegal.

    “I have never received any complain against the defendant or heard of any report from police or any enforcement agency,’’ he said.

    The witness further stated that he was arrested and detained for seven days by the DSS, adding that he did not consider his arrest and detention as justified.

    Yusuf asked for an adjournment to enable her put things in order because of the changes.
    Justice Tsoho adjourned the case till Feb. 13, for continuation of hearing.

    Ngwuta was arraigned on a 16-count charge including money laundering and offences relating to obtaining multiple passport.

  • Sudanese president pledges to step down in 2020

    Sudanese president pledges to step down in 2020

    Sudan’s President Omar al-Bashir has promised to step down in 2020 at the expiration of his tenure.

     

    Speaking to newsmen on Thursday, the 72-year-old said his job was “exhausting” and that “there will be a new president” in 2020, when his current mandate expires.

    Al-Bashir, who has been in power since 1989, won an election in April 2015.

     

    The president, who is wanted by the International Criminal Court for alleged human rights violations, challenged recent accusations that armed forces have bombed and torched villages in the Darfur region.

     

    He also denied UN estimates that over 2.5 million people have been displaced since 2003 in the nation’s ongoing conflict, including 100,000 since January, describing the figures as inflated.

    Al-Bashir said that UN peacekeepers and aid workers should leave the region.

     

    “As peace has returned to Darfur, I think that they have no role to undertake,’’ he said.

     

    The conflict in Darfur has been raging since 2003, with fighting between the Sudanese government and rebel groups accusing Khartoum of repressing the region’s non-Arab population.

  • Zaria clash: Shi’ites drag Army to International Court

    Zaria clash: Shi’ites drag Army to International Court

    Members of Islamic Movement in Nigeria (IMN) otherwise known as Shiites, Mondey said that they have dragged the Nigerian Army to International Criminal Court (ICC) in Hague for alleged war crimes in the December 2015 clash with its members in Zaria.

    Addressing the press, media spokesman of the Islamic group, Ibrahim Musa said the Zaria clash was a war against the Shiites where over 1000 of them were allegedly killed by the Army.

    The International Criminal Court (ICC), located in Hague, is believed to be the court of last resort for prosecution of genocide, war crimes, and crimes against humanity.

    According to Musa, “International Human Rights Commission (IHRC) has on behalf of Shiites called on the International Criminal Court to open a preliminary enquiry into the events in Zaria last year.

    “In the filing submitted to the ICC Tuesday IHRC writes: “The crimes committed between the 12th and 14th December 2015 in Zaria, Kaduna State, by the Nigerian army amount to crimes against humanity. The crimes committed by the Nigerian army meet all the necessary legal requirements to warrant a preliminary investigation by the ICC prosecutor.”

    “The International Criminal Court is being urged to investigate the massacre of nearly 1000 civilians in Nigeria last December at the hands of the country’s armed forces.

    “IHRC has called on the international tribunal which has a mandate to prosecute people for war crimes, crimes against humanity and genocide, to open a preliminary enquiry into the events in Zaria last year in which soldiers attacked the Islamic Movement of Nigeria’s (IMN) supporters, symbols and property.

    “The assault over two days in the northern Nigerian city left a trail of bloodshed and destruction including the shooting of the movement’s leader Sheikh Ibrahim Zakzaky and his wife Zeenat. Both are currently believed to be in military custody, detained without charge.

    “Information obtained by IHRC indicates that 217 people were confirmed killed in the attacks, another 219 are in detention, and 482 are still missing. The number of injured is believed to run into many hundreds. IHRC’s filing to the ICC is largely based on eye-witness evidence of the army’s assault.

    “The majority of deaths were caused by gunshots fired by soldiers. Cases of people being burnt alive have also emerged. Injuries caused by machetes or other knife wounds have also been found on the corpses, and could be the work of the criminal groups that perpetrated acts of looting and mutilation alongside the military. Signs of torture and electrocution have been evidenced on the body of the IMN leader Sheikh Zakzaky and other detainees, two of whom died as a result thereof.

    “Sexual violence has also been reported, including cases of rape against women affiliates of the IMN. A 14-year old female witness told IHRC that the military shot her in her private parts when she resisted attempts by soldiers to rape her. Some women reportedly had their breasts cut off and others were deliberately shot in the pelvic region damaging their uteri.

    “Photographic evidence has been obtained along with testimonies of mass graves where the army is reported to have buried fatalities from the killing spree. Some corpses were allegedly incinerated, apparently in order to conceal any evidence.

    “In its submission IHRC says that the evidence suggests that the army’s assault was a systematic and pre-planned attempt to snuff out the IMN whose growing popularity have made it a thorn in the side of Nigerian governments.

    “A similar army assault in July 2014 during a religious preocession led to the deaths of 34 IMN members including three sons of Sheikh Zakzaky who were apparently singled out for execution.

    “During the December’s violence soldiers were seen celebrating and chanting slogans against the IMN, such as ‘we have finished with the Shia and Zakzaky’ and ‘no more Shias in Nigeria’. Although the IMN has support among Nigeria’s Sunnis and Shias it is often portrayed by its detractors as a Shia organisation.

    “During the violence soldiers used automatic weapons, explosives and armoured vehicles against unarmed civilians. This, along with the destruction of places of worship, graves and other buildings associated with the IMN, appears to support the contention that the attack was aimed at fatally damaging or eliminating the IMN.

    “Although the state government in Kaduna has set up a Judicial Commission of Inquiry IHRC believes it is insufficiently independent and impartial to be able to hold those responsible to account, nor is there any reasonable prospect of any prosecutions.

    “In his speech announcing the inquiry state governor Malam Nasir el-Rufai listed a range of grievances against the IMN, which is indicative of bias against the IMN from the start. He was also responsible for demolishing IMN properties before setting up the commission of inquiry,” he said.