Presidential Committee On 2011 Post Election Violence Unlawful And Diversionary
Posted: May 23, 2011
By Chino Obiagwu & Jibo Ibrahim
( DO -
event : the violence that followed the April 2011 election / since 1999, including killings in Odi, Bayelsa state, Zaki Biam in Benue State, Jos in Plateau state, and the Boko Haram cases
gist : the Presidential Committee is a sham designed to divert attention of the world ; disband the Committee ; prosecute all those responsible for the post election violence
)
Abuja, May 19 2011: The Nigeria Coalition for the International Criminal Court (NCICC) calls on the Federal Government of Nigeria to disband the recently constituted Presidential Committee on 2011 Election Violence and Civil Disturbances and proceed to charge and prosecute all those responsible for the post election violence in northern Nigeria including politicians who incited and armed the rioters.
Over 300 persons were killed in 3 states and more than 600 across the country in the violence that followed the April 2011 elections.
The setting up the Presidential Committee is a sham designed to divert attention of the world to the proper prosecution of the perpetrators, and compensation of victims and families of those killed. This has been the practice in the past, including in the Jos crises, where government set up panels or commissions of inquiry and at the end of the day, the reports were never made public. The inability of the government to indict and prosecute perpetrators is responsible for the cycle of impunity that has become a recurrent decimal in the country.
NCICC is of the view that the federal government has no power to set up such Panel of inquiry in relation to the provisions of the 1999 Constitution. Therefore the decisions or recommendations of any such panel may be null and void and will likely not be enforced by court of law. The panel may also lack the powers to summon or invite people to appear before it. The Supreme Court held in the case of Babangida vs Fawehinmi & Justice Oputa relating to the Oputa Panel, that the federal government does not have constitutional powers to enact Tribunal of Inquiry Act to operate in the states because such matter being within the residual legislative list of the Constitution, is only applicable in the Federal Capital Territory. The federal government can therefore only set up panels of inquiry in the FCT.
NCICC is concerned that the Federal government has not shown any commitment to prosecute those responsible for heinous crimes against humanity in Nigeria since 1999, including killings in Odi, Bayelsa state, Zaki Biam in Benue State, Jos in Plateau state, and the Boko Haram cases. It is the responsibility of the federal government to conduct proper investigations and prosecutions of all those that planned, incited and carried out the violence that occurred , both in the run up to the election and after the Presidential election.
The arrest and arraignment of 20 or so rioters, payment of N5m to families of slain NYSC members, and the illegal or unconstitutional setting up of the Presidential Committee are calculated attempts to cover up and avoid prosecution of the real culprits, including top politicians.
NCICC reminds the federal government of its obligations under the Rome Statute of the International Criminal Court, which it ratified in September 2001, to effectively prosecute all cases involving crime against humanity, genocide and war crimes. The 2011 post election killings (April), as well as the killings in Jos, Zaki Biam, Odi and of Boko Haram members etc constitute international crimes under the Rome Statute.
NCICC also calls on the federal government as a matter of urgency to send the Rome Statute (Ratification and Jurisdiction) bill to the National Assembly for enactment into law. This is in furtherance of the pledge made by the Attorney-General and Minister of Justice during the Review Conference of the ICC held in Kampala, Uganda in June 2010.
NCICC will petition the ICC if the federal government fails to take urgent steps to bring the real perpetrators of the post election violence to book.
NCICC also calls on the federal government to ensure that victims of these crimes especially vulnerable women and children and potential witnesses are provided with adequate security and medical facilities and that the rights of the accused persons are upheld. Urgent steps should also be taken to ensure that displaced persons are rehabilitated back to the communities as soon as possible.
NCICC is also worried that the federal government’s security intelligence apparently condoned or neglected to take action to prevent or curtail the post election violence. The signs and signals of the violence were very obvious before the presidential election, with several politicians making open inciting statements calling for violence.
Chino Obiagwu Jibo Ibrahim
Chair, NCICC Convener, NCICC
Post Election Violence: Huriwa Threatens to Drag Jonathan to ICC
By Christopher Isiguzo , 28 Apr 2011
President Goodluck Jonathan was Wednesday given a 21-day ultimatum by the Human Rights Writers Association (HURIWA) to bring perpetrators of the post-election violence in some parts of the country to book or risk being dragged to the International Criminal Court (ICC) in Hague, the Netherlands.
Addressing newsmen in Enugu shortly after monitoring the Governorship/State Assembly election in Enugu State, the National Coordinator of HURIWA, Emmanuel Onwubiko also advocated for the immediate conversion of the National Youth Service Corps (NYSC) scheme to one year compulsory military service as it’s practiced in some countries of the world.
Onwubiko expressed dismay over the incessant violence that culminated in the destruction of lives and property especially in the northern parts of the country, saying that the situation had continued unabated apparently because government was yet to demonstrate enough political will to checkmate it.
“It appears the government has been so weak to guarantee security and welfare of Nigerians. We are saying enough is enough and the president should not end up paying lip service to the present issue.
We have not seen punishment of any sort meted to the perpetrators even with all the overwhelming evidence. This act has become almost a regular thing especially in the past twelve years. Some prominent and wealthy persons in the north are culpable in these developments,” he stated.
While noting that the incessant crisis in the north was gradually constituting a major threat to the unity of the country, Onwubiko said a situation whereby innocent people from the south east easily become victims each time such crisis takes place is no longer acceptable.
The HURRIWA leader also said that the description of the victims of the crisis as “heroes of democracy” by the president was not enough, saying that having likened the scenario to the 1968 Civil war, the president should equally handle it with the “utmost seriousness” it deserved.
He also advocated for the immortalisation of the victims of the crisis as well as serious compensation for the families, adding “We are watching the president and giving him 21days to bring perpetrators of this violence to book failing which we are going to send a report to the International Criminal Court on the incident, so that generation after generation will see the man’s inhumanity to man that has taken place in the country.
“We will protest to the ICC and he will face prosecution when he must have left office for his failure to protect the citizens during the period of his presidency,” he stated. He used the opportunity to plead with the leadership of the Congress for Progressive Change (CPC), especially its Presidential flag-bearer, Major-Gen. Mohammadu Buhari (rtd) to desist from further commenting on the violence but rather to device means of placating his supporters.
“This country belongs to all of us and we are not ready to allow anybody no matter how highly or lowly placed to destroy the unity we have built over the years. Time has come for us to stop making unguarded statements that would further jeopardise the unity of this country,” he stated
UN and post-election violence
By Sun News Publishing , Thursday, May 12, 2011
Assessment of the just-concluded general elections in the country cannot be complete without taking into account the orgy of violence that characterized the polls in some states, especially in the Northern part of the country. Although the elections were adjudged comparatively successful by most stakeholders, scores of lives and property were lost to political violence.
The murder of some members of the National Youth Service Corps (NYSC) by rampaging mobs protesting the outcome of the presidential election was one of the heartrending moments of the polls.
By all standards, violence is a big threat to democracy. It negates all cherished values of humanity. In a fledging democracy such as ours, electoral violence can truncate the democratic process and threaten the stability of the country.
However, as reprehensible and condemnable as the post-poll violence was, we see no justification for the plan by the International Criminal Court (ICC), an organ of the United Nations, to institute a probe into post-election violence in Nigeria. This plan by the UN is undue interference in the affairs of Nigeria. The UN would be stepping outside its boundaries into the internal affairs of the country.
Nigerians appreciate the UN for its interest in the elections, but we reject any plan that encroaches on the sovereignty of our nation and the power of the Federal Government to maintain law and order in any part of the country. Few days after the gubernatorial and state legislature elections, the ICC prosecutor, Mr. Luis Moreno-Ocampo, was quoted as saying at the Hague, headquarters of ICC, that the planned probe was essentially to determine whether crimes against humanity were committed in the riots that broke out in the troubled states in the North.
We recognise the fact that as an independent and permanent tribunal with the jurisdiction to look into cases of genocide, crimes against humanity and war crimes, ICC can investigate crime resulting from political violence in any member nation such as Nigeria. But, that can only be right if the government in the affected country is unwilling to probe such incidents. This, frankly, is not the case with Nigeria, as President Goodluck Jonathan had already vowed to set up a high-powered Judicial Commission of Inquiry into all post-election riots in the country, including the unfortunate death of the NYSC members, before the ICC interjection.
Already, the president has set up a 22-man panel headed by Sheik Ahmed Lemo, to investigate all remote and immediate causes of pre-election violence in Akwa Ibom State and post-election violence in the states in the North. Unless the Federal Government proves incapable of doing whatever is needful on this matter, any “external assistance” as planned by the UN will be unnecessary interference that smacks of neo-colonialism. We will not welcome that. At best, Nigeria will only welcome intelligence from foreign bodies such as ICC. Beyond that, the UN should hold its peace.
However, we urge the Federal Government to rise quickly to the challenge that political violence poses to security of lives and property, and our democracy. The planned judicial inquiry must look into all areas of electoral violence and determine why it persists in elections.
Government and relevant agencies should look into, and address all the factors responsible for outbreak of violence during elections. We believe the problem persists in our electoral process because politics, unfortunately, has become a thriving business rather than an avenue for the improvement of the human condition.
This view is supported by the fact that our government officials often neglect their essential responsibilities to citizens, such as job creation, provision of infrastructure and poverty alleviation, to pursue self-enrichment. This leads to desperation of political aspirants for public office, and frustration of the electorate that has been denied benefits of democracy. Both fuel aggression.
All in all, government should investigate, identify and prosecute persons responsible for political violence to serve as a lesson during future elections. All issues related to political violence during the general elections should be addressed as quickly as possible.
The murder of some members of the National Youth Service Corps (NYSC) by rampaging mobs protesting the outcome of the presidential election was one of the heartrending moments of the polls.
By all standards, violence is a big threat to democracy. It negates all cherished values of humanity. In a fledging democracy such as ours, electoral violence can truncate the democratic process and threaten the stability of the country.
However, as reprehensible and condemnable as the post-poll violence was, we see no justification for the plan by the International Criminal Court (ICC), an organ of the United Nations, to institute a probe into post-election violence in Nigeria. This plan by the UN is undue interference in the affairs of Nigeria. The UN would be stepping outside its boundaries into the internal affairs of the country.
Nigerians appreciate the UN for its interest in the elections, but we reject any plan that encroaches on the sovereignty of our nation and the power of the Federal Government to maintain law and order in any part of the country. Few days after the gubernatorial and state legislature elections, the ICC prosecutor, Mr. Luis Moreno-Ocampo, was quoted as saying at the Hague, headquarters of ICC, that the planned probe was essentially to determine whether crimes against humanity were committed in the riots that broke out in the troubled states in the North.
We recognise the fact that as an independent and permanent tribunal with the jurisdiction to look into cases of genocide, crimes against humanity and war crimes, ICC can investigate crime resulting from political violence in any member nation such as Nigeria. But, that can only be right if the government in the affected country is unwilling to probe such incidents. This, frankly, is not the case with Nigeria, as President Goodluck Jonathan had already vowed to set up a high-powered Judicial Commission of Inquiry into all post-election riots in the country, including the unfortunate death of the NYSC members, before the ICC interjection.
Already, the president has set up a 22-man panel headed by Sheik Ahmed Lemo, to investigate all remote and immediate causes of pre-election violence in Akwa Ibom State and post-election violence in the states in the North. Unless the Federal Government proves incapable of doing whatever is needful on this matter, any “external assistance” as planned by the UN will be unnecessary interference that smacks of neo-colonialism. We will not welcome that. At best, Nigeria will only welcome intelligence from foreign bodies such as ICC. Beyond that, the UN should hold its peace.
However, we urge the Federal Government to rise quickly to the challenge that political violence poses to security of lives and property, and our democracy. The planned judicial inquiry must look into all areas of electoral violence and determine why it persists in elections.
Government and relevant agencies should look into, and address all the factors responsible for outbreak of violence during elections. We believe the problem persists in our electoral process because politics, unfortunately, has become a thriving business rather than an avenue for the improvement of the human condition.
This view is supported by the fact that our government officials often neglect their essential responsibilities to citizens, such as job creation, provision of infrastructure and poverty alleviation, to pursue self-enrichment. This leads to desperation of political aspirants for public office, and frustration of the electorate that has been denied benefits of democracy. Both fuel aggression.
All in all, government should investigate, identify and prosecute persons responsible for political violence to serve as a lesson during future elections. All issues related to political violence during the general elections should be addressed as quickly as possible.
