Thursday, 4 September 2014

BOKO HARAM: SENATOR ALI MODU SHERIFF & THE INTERNATIONAL CRIMINAL COURT

The former Governor of Borno state, Senator Ali Modu Sheriff said in a press statement yesterday that he is ready to face any panel looking into the allegation linking him to the Boko Haram sect to clear his name including the International Criminal Court.

The People's Democratic Party and the All Progressive Congress have been politicising the Boko Haram attacks lately, which have left so many people confused, it is either Femi Fani Kayode is pointing and calling some APC members out or EL-Rufai and Oyegun took to twitter to mention names of some members of the PDP as major supporters of the terrorist group..............daris God o



This drama by the elder statesmen took a new dimension when Dr Stephen Davis an Australian negotiator who they said was invited by President Goodluck Jonathan to negotiate the release of the 200 abducted Chibok girls (unconfirmed) was said to have mentioned the former governor's name and a retired Army general's name Azubuike Ihejerika and some top officials of the country's apex bank, the Central Bank of Nigeria as major sponsors of the terrorist group, BOKO HARAM.

The All Progressive Congress through its National Chairman Mr Odigie Oyegun demand the trial and prosecution of the former governor and others mentioned by the Australian negotiator Mr Stephen Davis by the INTERNATIONAL CRIMINAL COURT.

For the benefit of those hearing the ICC for the first time and those left with an unanswered question why they would call for the trial and prosecution of these people by the ICC when we have our own Courts, we shall be discussing the International Criminal Court as a whole.

What is the International Criminal Court and its role?

This is a permanent court establish to investigate, try and prosecute individuals accused of committing serious crimes of concerns to the international community as a whole, namely crimes of genocide, war crimes, crimes against humanity and aggression. The court was established by the Rome statute to bring perpetrators to book.

How do cases come before the court and whether the court can rely on the report of the Australian negotiator on Senator Modu Sheriff and others to prosecute them?

Any state of the Rome statute can request the prosecutor to carry out an investigation . A state not party to the statute can also accept jurisdiction of the ICC with respect to crimes committed in its territory. The United Nation Security Council may also refer a situation to the court.
The ICC does not have its own police force neither does it arrest rather relies on the state corporation which is essential to the arrest and surrender of suspect(s).

Is Nigeria a party to ICC? 

Over 122 countries are parties to the Rome statute, 34 African countries which include Nigeria,18 Asia-Pacific,18 from Easter Europe,26 Latin-America, 25 from Western Europe and North America.

What are the criticism of ICC?

The absence of the jurist trials by an impartial jury of the state where the crime has been committed, allegation of retrial allowed for error of facts and allegation that hearsay evidence is allowed.

Where is ICC and whether they have a Nigerian as one of its judges?

the ICC is in Netherlands with a total of sixteen judges, one of the judges is a Nigerian and infact the first Nigerian to be a judge in the ICC ,he is JUSTICE CHILE EBOE OSUJI ,he was appointed in December 2011 and shall serve as a judge in the ICC for a period of nine years.

Who can invite the ICC to investigate and prosecute if need arise Senator Ali Modu Sheriff and others?

It is the duty of the Executive arm of government i.e.Presidency  to invite the ICC to investigate and prosecute whoever is found guilty of financing the terrorist group.

We at YOUR RIGHTS UNDER LAW appeal to the Presidency to do the needful by denying or accepting its involvement with the Australian Negotiator and also to invite the ICC to investigate and prosecute whoever is found wanting.

 LONG LIVE FEDERAL REPUBLIC OF NIGERIA.

Thank you.

Yours Faithfully,

Oyenike Alliyu-Adebiyi LLB(hons)BL

 

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