NCICC CELEBRATES THE ROME STATUTE @20

 

 

Released Date 16^th July, 2018

 

PRESS STATEMENT

 

Nigerian Coalition for the International Criminal Court (NCICC) joins the rest of the world in the commemoration of the 20^th anniversary of the Rome Statute.

 

The Rome Statute which is the founding treaty of the International Criminal Court vested the court with power to exercise jurisdiction over international crimes to wit genocides, crimes against humanity, war crime and crime of aggression. The International Criminal Court has so far recorded 26cases, issued 32 arrest warrants and made verdict in 6cases with 8conviction and 2 acquittals, the most recent being that of Jean-Pierre Bemba Gombo.

 

The NCICC emphasize that in the rise of global violations of humanitarian laws and human right, there is no better time to support the International Criminal Court (ICC) than now. To ensure a more just world, it is important for states to foster cooperation with the ICC by domesticating and implementing the Rome Statute’s provision of complementarity in their national legislation and prosecute international crimes committed within their territory.

 

Despite Nigeria being listed as a preliminary examination country due to the armed conflict between Boko Haram and Nigerian Securities and different crimes committed in the Niger Delta region, the country continues to face more violations of human right and crimes violating international law. It is imperative at this time for Nigerian government to stand up for justice, domesticate the Rome Statute and prosecute these gross and frequent violations.

As President Buhari attends the event of the Rome Statute at 20, we urge the ICC Prosecutor, Fatou Bensouda to engage the president on the continued killing in the North Central and North East region and the non-accountability on the part of the state security.

 

Nigeria though a state party of the International Criminal Court has since the submission of  its instrument of ratification on the 27^th September 2001 fail to domesticate the Rome Statute into its national legislation in accordance with the provision of section 12 of the 1999 Constitution.

 

The NCICC calls on the Nigerian government to join in the fight against impunity and domesticate the Rome Statute and further reiterates the need for the National Assembly to expedite the domestication of the Rome Statute bill which comes up for public hearing on the 18^th of July 2018.

 

Signed

 

Edmund Chinonye Obiagwu

Chair, Nigerian Coalition for the International Criminal Court                                                                                

 

Dr Abiola Akiode -Afolabi

Vice Chair, Nigerian Coalition for the International Criminal Court

 

 

CALL TO ACTION:Contribute to Strengthening the ECOWAS Court of…

The Nigerian Coalition for the International Criminal Court (NCICC) in partnership with Trust Africa foundation on April 11 & 12, held a consultative workshop themed around; Strengthening the ECOWAS Court of Justice and Enhancing Access to Justice in the West Africa Sub-Region, brought together a number of participants from the ECOWAS Commission, ECOWAS Court of Justice and Civil Society Organizations from the sub-region.

This petition arises from the genuine concerns of the participants at the meeting who noted that it is part of our collective obligation to safeguard and strengthen the adjudicatory body seized with ensuring the observance of law and principles of equity in the West Africa sub-region.

It is our firm belief that the resolution made by the Authority of the Heads of State and Government of the ECOWAS Commission in June 2017 at the Monrovia Statutory Meeting, to reduce the number of judges of the ECOWAS Court of Justice (ECCJ) from the statutory seven (7) to five (5) and their tenure from 5 years renewable to 4 years nonrenewable is a palpable threat to the effectiveness of the Community Court.

It is noted that since the adoption of the 1991 A/P1/7/91 Protocol (as revised) – granting the ECCJ jurisdiction over human rights issues, a number of community citizens has benefited from the Community Court.

In light of the irrefutable achievements of ECCJ including delivering landmark judgments and setting precedents in novel areas of human rights including but not limited to socio-economic rights; and the impact of the Community Court on other African sub-regions, it has becomes relevant that West African civil societies and individuals stand in solidarity to oppose the unfavorable decision that threatens the existence of ECCJ as a pillar of hope for redress for the various victims of human rights violations in the sub-region.

After due consideration of the rationale for the institutional reform proposed by the Heads of State and Government, we firmly affirm that:

• The decision to reduce the number of judges has justifiable rationale and will only result in the creation of unnecessary case back logs, thus drastically reduce the effectiveness of the Community Court.

 

• Heads of State and Government should review their decision and inversely appoint more judges to the ECCJ to enhance effective administration of justice and give hope to the people.

 

• Heads of States should focus on fulfilling their obligations under the ECOWAS Revised Treaty to set up committees that will facilitate the enforcement of the Court’s decisions.

 

 

• Our commitment to support the ECOWAS Court of Justice is unwavering

Convinced that civil societies have a leading role to play in the democratic framework of the West Africa sub-region and in addressing the many challenges facing the region, especially in promoting and enhancing social and economic rights and justice, we call upon West African civil societies to join in support of the ECOWAS Court of Justice to preserve and strengthen its mandate by signing this petition calling for the reversal of the decision to reduce the number of judges and their tenure in office.

Together we will strengthen the ECOWAS Court of Justice!

 

Together we will support the pride of the sub-region!

 

Thank you for signing and spreading the petition!

 

Signatories

Name                                              Designation/Organization                            Signatures

NCICC CONGRATULATES JUDGE EBOE OSUJI ON HIS ELECTION AS…

The Nigerian Coalition for the International Criminal Court (NCICC) sends our warmest congratulations to Judge Chile Eboe Osuji on his election as the President of the International Criminal Court. (ICC) He was elected during a plenary siting of Judges of the ICC on the 11th of March 2018. His tenure is to last for three years. The International Criminal Court remains the last resort for victims of international crimes and the Presidency being the arm that oversees the registry and organizes the work of judicial decisions, plays an indispensable role in that regard. The NCICC calls on the newly elected President to expand his leadership role and work closely with the Nigerian government in ensuring that perpetrators of the most heinous crimes are brought to book and reparations for victims highly considered. Nigeria was listed to be on phase 3 of the preliminary investigation stage by the Office of the trial Prosecutor in her annual report in December 2017 having identified eight potential cases involving commission of Crimes against humanity and genocide in 2015. The NCICC also urges President Eboe-Osuji to give priority to improving the relationship between African governments and people with the Court, in particular, reaching out to the African Union and individual African State Parties. The Court should increase its outreach and communications with the African civil society organisations, victims communities and the African population in order to disseminate the good work of the Court in Africa. In particular, the Court should dialogue constructively and frankly with the African Union towards opening a liaison office in Addis Ababa, and supporting the African governments in their national efforts to improve the justice system to fight impunity. The Court should also consider constructive discussions on the proposed initiative to create the criminal chamber of the forthcoming African Court of Justice and Human Rights, represented in the Malabo Protocol, as well as special judicial proceedings of the African Union in order to deepen the complementarity obligations under the Rome Statute of the ICC. NCICC draws attention of the President to the new Network for Civil Society on International Justice in Africa, made up of national coalitions on the ICC and civil society coalitions in 52 African countries, who are working to promote justice and fight impunity in Africa. This network provides platform for constructive outreach to African people, and for raising civil society support for the Court in Africa. Finally, we urge the President to open the Forum of African Group in the Assembly of State Parties in order to improve closer relationship and understanding between African governments and the ICC’ We wish the President a very successful tenure and will always be available for support. Signed Chino Obiagwu Chairman, Steering Committee-NCICC Dr Abiola Akiode-Afolabi Vice Chairman Steering Committee -NCICC

NCICC CONDEMNS THE SECRET TRIAL OF BOKO HARAM SUSPECTS…

 

Press release:  17^th  October 2017

 

The Nigerian Coalition for the International Criminal Court (NCICC) expresses deep concern at the ongoing mass trial of the Boko Haram suspects.

Over 1600 Boko Haram suspects are being detained in Niger state and SECRET trial is going on.

We commend the Attorney General of the Federation for taking the initiative to ensure that justice is served to the many victims of gross human rights abuses and severe crimes alleged to have been committed by the Boko Haram sect.

However, it is pertinent that due process is followed in the course of administering justice. Section 36 of the 1999 constitution of the Federal Republic of Nigeria as amended provides for fair trial for all Nigerian citizens.  Public hearing is a yardstick for free and fair trial which forms a fundamental principle of Natural justice so it is quite disturbing that the trial of the Boko Haram suspect is being done privately.

NCICC maintains that accelerated/secret hearing in criminal matters of this nature is not advisable as it may present a glitch in the administration of justice. Suspects must be afforded the opportunity to be represented by a legal practitioner of their choice and lawyers must be given reasonable time to prepare their defense. It is important that all the antecedents of criminal trials be upheld as they are mere suspects and have to be proven guilty or otherwise.

NCICC call on Judges, prosecutors and defence lawyers to get involved in the prosecution of the suspects.  Lawyers should be given adequate time and facilities to prepare for and ensure fair trial of the suspects.

NCICC Calls on the Attorney General of the  Federation to ensure open trials and adequate protection of witnesses, we urge the judiciary to designate more judges and assign these cases to them. There is no way four judges can do justice to 1600 cases. It will take them a decade to do so.

Finally we appeal to the Nigerian Bar Association (NBA) to provide more pro bono defence counsel because the Legal Aid Council is so thinly staffed and poorly funded to be able to give quality legal defence to 1600 defendants.

Chino Obiagwu

Chair, Steering Committee

 

 

NIGERIAN COALITION ON THE INTERNATIONAL CRIMINAL COURT CELEBERATES INTERNATIONAL…

 

 

Released  date: October 11^th ,2017

As the world commemorates the international Day of the girl child with the theme “Empower Girls”, the Nigerian Coalition for the International Criminal Court joins the rest of the world to recognize this special day.  The NCICC continues to contribute to the development of the Nigerian woman and indeed the girl child by advocating for access to justice for all, an end to sexual and gender based violence and all contemporary forms of slavery in Nigeria.

 

Sexual violence and contemporary forms of slavery which includes; early marriage and child marriages are perhaps the most disturbing of girls’ rights violation in the country. The NCICC urges the Nigerian government to make maximum efforts in ensuring access to justice for girls in the society. Every child, and particularly girls, have the right to freedom from all forms of violence. It is an international legal obligation, enshrined in the Convention on the Rights of the Child; the world’s most widely ratified human rights treaty.

 

In compliance with article 7 of the Rome statute, the NCICC, whose major priority is to advocate for the domestication of the Rome statute in Nigeria, has embarked on several sensitization projects to promote gender equality and put an end to early marriage, child marriage and all other forms of contemporary slavery prevalent in Nigeria most especially the North eastern part of Nigeria.

 

The NCICC strongly supports the position of the “Global initiative” to end violence against Children and build a better future for all. We call on the government to tear down the barriers that continue to hold girls back and to fully harness innovations, set economic empowerment programmes to reach poor and marginalized girls and ensure education for young girls and boys reach every part of the country. We advocate strongly for improved quality of education for all. On this day we also remember the Chibok school girls who are still in captivity, expressing solidarity with their families and strongly appealing to the Nigerian government not to relent in its efforts to rescue them even as we hope to build a better future for our girls and children in the diaspora.

 

The NCICC therefore urges the government to use the values of the United Nations to form a space where all children can safely thrive and develop to their full potential.

 

 

Chinonye Obiagwu

Chair, steering Committee

 

 

AHEAD OF THE INTERNATIONAL DAY OF PEACE THE NIGERIAN…

As we celebrate the international day of peace, we appeal to the Nigerian government to increase the use of dialogue in internal agitations and conflict resolution and by so doing, develop a sense of joint ownership of the process and become stakeholders in identifying new approaches to address common challenges

Nigeria has experienced a high rate of conflict and civil agitations in recent times. From the insurgency in the northeast where several Nigerian citizens have been killed and others left internally displaced to poor governance, human rights abuses and human rights violations, uneven development, environmental degradation to military invasion of states in the northeast to quell the “insurrection.” The number of violent conflicts increases daily as the government sometimes adopts a posture that shows an unwillingness to engage in dialogue to transform societies and find real solutions to the country’s most complex challenges.

As the world comes together to show its commitment to peace, the Nigerian Coalition for the International Criminal Court urges the Nigerian Government to increase the use of dialogue in internal agitations and conflict resolution in Nigeria.

Goal 16 of the United Nations Sustainable Development Goals is dedicated to the promotion of peaceful and inclusive societies for sustainable development, and the provision of access to justice for all. It is high time that our leaders explore the use of dialogue as a means of resolving internal agitations in the country in other to achieve peace.

Nigeria, the most populous country in Africa, practicing a democratic system of government should desist from unusual use of force in addressing internal issues. We as a nation are binded by international obligations and as such should explore reasonable measures to resolve conflicts rather than resort to force at the slightest opportunity. The UN secretary general António Guterres today while addressing the annual gathering of world leaders at the United Nations Headquarters, announced the creation of a high-level advisory board on mediation. He stressed the need for “a surge in diplomacy today” and “a leap in conflict prevention for tomorrow,” he said that it is possible to move from war to peace and from dictatorship to democracy.  Dialogue is crucial to the maintenance of peace and security and could promote reconciliation in the aftermath of conflict and could also introduce moderate voices into polarized debates,” he added;  “At a time when prejudice and hatred are all too common, when extremists seek new recruits through incitement and identity-based appeal, when politicians use divisiveness as a strategy to win elections — dialogue can be an antidote.”

It is our believe that if the leaders of this great country employ adequate use of dialogue then it will be unnecessary to deploy the military to the east to cause unrest and acts of genocide. Neither will there  be a need for the operation python/crocodile dances amongst others.

 

 

Naomi Emeka

International Criminal Justice Counsel

NCICC

THE UNCONSTITUTIONALITY OF THE PYTHON DANCE11 BY THE NIGERIAN…

The NCICC  frowns at the illegality and unconstitutionality of the ‘python dance’ instituted by the Nigerian Military  to curb an insurection that does not exist. it is an aberration and a flagrant disregard to the rights of civilians in the country.

Although the President is empowered by virtue of section 217(2) of the Constitution to deploy the armed forces for the “suppression of insurrection and acting in aid of civil authorities to restore law order” he cannot exercise the power until there is an insurrection or civil disturbance which cannot be contained by the police. the police by virtue of section 215(3) was created and empowered to maintain peace and public safety, not the army.

Since there was no insurrection in Abia State which the Nigeria Police Force could not contain, the deployment of armed troops by the President and Commander-in-Chief of the armed forces cannot be justified in law.

However, if the federal government has evidence of other criminal offences recently committed by Mr. Kanu the Police should have been directed to arrest him and charge him to court without any delay.

“Neither the Constitution nor the Armed Forces Act Cap A20 Laws of the Federation of Nigeria, 2004 has empowered the Nigeria Army to arrest any citizen who is not subject to service law.

In  Yussuf v Obasanjo (2005) 18 NWLR (Pt 956) 96 the Court of Appeal held that “It is up to the police to protect our nascent democracy and not the military, otherwise the democracy might be wittingly or unwittingly militarized. This is not what the citizenry bargained for in wrestling power from the military in 1999. Conscious steps should be taken to civilianise the polity to ensure the survival and sustenance of democracy”.

Regrettably, no conscious efforts have been made by the civilian government to demilitarise the country since power was transferred from former military dictators to the civilian wing of the political class in May 1999. Hence, armed soldiers have been allowed to continue to be involved in the maintenance of law and order in all the states of the federation. Up till now, state governments have allowed armed soldiers to remain members of the police anti robbery squads. They have been deployed, from time to time, by the President to deal with the menace of herdsmen and kidnappers. They have just been authorized to deal ruthlessly with civilians who are involved in any form of agitation for self determination.

“There is no legal basis for authorizing the Nigerian army to take over police duties. Even under the defunct military era in Nigeria the military dictators had to declare a state of emergency to legitimize the usurpation of police powers by the armed forces. But under a democratic dispensation the President and Commander-in-chief of the armed forces lacks the power to deploy members of the armed forces in the maintenance of internal security in any part of the country. We may want to recall that in waging  the war on terror in the north east region, a state of emergency was declared by President Jonathan to justify the deployment of members of the armed forces as part of the extraordinary measures required by him to restore law and order pursuant to section 305 of the Constitution. Thereafter, the President sought and obtained the approval of the National Assembly for the said deployment of the armed forces.

The coalition therefore urge Mr President to order the withdrawal of the troops from Abia state and allow the commissioner of police to efficiently dispense his duties.

The Nigerian Coalition for the International Criminal Court commends…

On Wednesday, the 30th of August 2017, the UK Foreign Secretary, Boris Johnson, and International Development Secretary Priti Patel travelled to Maiduguri, the capital of the north-east state of Borno, which suffered the worst killings by the Islamist terrorist group, including attacks at the university campus to show solidarity with the fight to bring the jihadists under control.

The NCICC commends Patel”s decision to extend a five-year package of help, costing an extra £200m, to prevent 1.5 million people lapsing into famine and help keep a 100,000 boys and girls in education. The development secretary’s package also includes the restoration of key infrastructure and services in the north-east of the country.

In a bid to create an Islamic state in some parts of Nigeria, Lake Chad which spans parts of Nigeria, Cameroon and Chad,the jihadist has committed a large number of human rights and humanitarian law violations in the country by committing acts of genocide and rendering victims displaced. that is why the Nigerian Coalition for the International Criminal Court is rigorously advocating for the domestication of the Rome statute to enable Nigeria try and punish crimes against humanity, impunity crimes and genocide.

Johnson said: “Boko Haram has generated suffering, instability and poverty on a huge scale, with profound knock-on effects far from Nigeria’s borders.”

He met survivors of Boko Haram violence, including bomb and gunshot victims, and saw for himself the displacement of people created by the conflict. It gained notoriety by abducting more than 200 girls from the north-east Nigerian town of Chibok in April 2014.
Some of the girls kidnapped were  forced to wear traditional Islamic clothing.

Johnson, said he was proud of the help the UK was providing: “This is about helping a Commonwealth partner in its time of need as well as addressing the root causes of international challenges such as migration.”

Patel said: “It is catastrophic that at least 20,000 people have been murdered by Boko Haram’s terrorist regime, and over 5 million people have been left hungry and many homeless. Babies’ bodies are shutting down and mothers who have lost everything are fighting to keep their children alive.”