OpenLife Nigeria reports that a group of lawyers, under the auspices of “National Lawyers Coalition for Peter Obi” has dragged the All Progressives Congress (APC), its Presidential Candidate in the last general elections in Nigeria, Asiwaju Bola Ahmed Tinubu, to the International Criminal Court (ICC) at The Hague, Netherlands, over “organized crimes against humanity.”
This was contained in a petition, dated 30 March 2023, and addressed to the office of the Prosecutor, ICC, to the attention of Mr. Karim A. A. Khan QC, the prosecutor of the Court.
The petitioners forwarded the petition on behalf of the Labour Party Gubernatorial and Deputy Gubernatorial Candidate in Lagos State, Architect Gbadebo Rhodes-Vivour and Princess Abiodun Oyefusi, and others respectively.
The petition has, as respondents, President Muhammadu Buhari, the Governor of Lagos State, Mr Babajide Sanwo-Olu, Presidential Candidate of the All Progressive Congress (APC), Senator Bola Ahmed Tinubu, the Inspector General of the Nigeria Police, Chief of Military Intelligence; Deputy Inspector of General of Police; Commissioner of Police, Lagos State; the chief Thug of Senator Bola Ahmed Tinubu, and a member of APC, Musiliu Akinsanya (also known as MC Oluomo), Mr Femi Fani Kayode, Bayo Onanuga, Mr. Sam Omatseye – a journalist-, Otunba Biodun Ajiboye, Reno Omokri, Dele Alake, Governor Yahaya Bello of Kogi State, and a traditional ruler, the Baale of Igbara Jakande Area in Eti-osa Local Government Area of Lagos State.
The petition, entitled “Complaint and a Request for the initiation of an Investigation into Crimes Against Humanity in Nigeria Pursuant to Articles 13(c), 15 & 53 of the Rome Statute, on the Basis of Information on Crimes Within the Jurisdiction of the International Criminal Court“, reads in full:
“Dear Prosecutor,
We act for the following “Complainants/Petitioners” under whose instructions we address this complaint to you. They are:
Architect Gbadebo Rhodes-Vivour – The Labour Party Gubernatorial Candidate in Lagos State, Nigeria;
Princess Abiodun Oyefusi – The Labour Party Deputy Gubernatorial Candidate in Lagos State, Nigeria;
Mr Emmanuel Adogbeji – Labour Party Election Agent in Lagos State, Nigeria;
Mr Ebere Chinedu – Labour Party member in Lagos State, Nigeria;
Mr Chukwudi – Lagos State, Nigeria;
Mr Austin Iruobe Asuerimen – Labour Party, Lagos State;
Mr Henry Ogheneovo Afiowor – Labour Party, Lagos State;
Dr Gladys C Nwankwo – Labour Party, Lagos State
Ms Chidinma – Labour Party, Lagos State
Mr Sunday Olakunle – Labour Party, Lagos State
Hon. Seyi Lawal – Labour Party, Lagos State
Mr Femi Badiah – Labour Party, Lagos State
Mr Raphael George – Labour Party, Lagos State
Specified Members of the Labour Party of Nigeria.
NB:
Other victims’ names shall be joined in due course, together with supplementary submissions.
They are citizens of Nigeria who are interested in the protection of human and civil rights in Nigeria. They are also members of the Labour Party, a leading political party contesting in the 2023 General Elections in Nigeria.
This complaint is against the below-mentioned persons, “Respondents”, who have jointly and severally committed genocide and crimes against humanity under the Rome Statute of the International Criminal Court. These persons and officials of the state of Nigeria are the subjects of the request for investigations and criminal charges and prosecution:
(a) Muhammadu Buhari – the President of Nigeria; and a member of All Progressives Congress “APC” the current political party in government in Nigeria;
(b) Mr Babajide Sanwo-Olu – the Governor of Lagos State, Nigeria; “APC member”
(c) Senator Bola Ahmed Tinubu, a Presidential Candidate of the All Progressive Congress “APC” (and whose full and further particulars are unknown)
(d) The Leaders of All Progressive Congress “APC – a political Party;
(e) The Inspector General of Police, Nigeria;
(f) Chief of Military Intelligence;
(g) Deputy Inspector of General of Police;
(h) The Commissioner of Police, Lagos State;
(i) Mr Musiliu Akinsanya (also known as MC Oluomo) – the Chief Thug of Senator Bola Ahmed Tinubu, and a member of APC
(j) Mr Femi Fani Kayode – a member of the APC
(k) Mr Bayo Onanuga – a member of APC
(l) Mr Sam Omatseye – a journalist
(m) Otunba Biodun Ajiboye – a member of the APC
(n) Mr Reno Omokri
(o) Mr Dele Alake – a member of APC
(p) Governor Yahaya Bello of Kogi State, and APC member
(q) Traditional ruler, the Baale of Igbara, Jakande Area in Eti-osa Local Government Area of Lagos State.
The above-mentioned respondents have jointly and collectively incited genocide and tribal conflicts in Nigeria during and around the 2023 General Elections in Lagos State, Nigeria; and which incitement has resulted in deaths, grievous bodily harm and injuries, destruction of lives and properties.
We have compiled and are compiling the following documents for submission:
(a) A detailed complaint with specific particularity including online links to video, photos, and publications to support the allegations; and,
(b) A Schedule of Links which are, material evidence, reports and investigations by Human Rights Bodies and Non-Governmental Organizations “NGOs” for ease of reference.
(c) Nigeria is a signatory to the Rome Statute and it deposited at the UN its instrument of ratification of the Rome Statute, thus becoming one of the first 60 State parties which contributed to the entry into force of the Rome Statute on 1st July 2012.
(d) In light of the gravity of the situation in Nigeria, in particular a history of continued repression including attacks on independent media, arrests and torture of opposition leaders and supporters, and a failure to prosecute those responsible for incitement of violence and extra-judicial killings, we strongly urge the Office of the Prosecutor to immediately use its power under Article 15 of the Rome Statute to initiate a preliminary investigation on “the basis of information on crimes within the jurisdiction of the Court” (Article 15(1)).
(e) A number of non-governmental organizations have conducted preliminary investigations and prepared reports that strongly suggest that crimes within the jurisdiction of the International Criminal Court (ICC) have been and are being committed. Credible information from “states’ organs of the United Nations, intergovernmental or non-governmental organizations and other reliable sources,” including eyewitness accounts (Article 15(2)), is readily and widely available. The “seriousness of the information” available is beyond doubt, which is why this complaint is aimed to call for accountability and justice. The reports are as detailed hereunder.
(f) The General Elections in Nigeria were held on the 25th of February 2023, and on the 18th of March 2023; these are for the Presidential and the National Assembly elections, and the States Gubernatorial and State House of Assembly elections respectively. During these periods, the Respondents actively incited ethnic violence and crimes against humanity with brazen impunity; none of them have been arrested by the law enforcement agents in spite of the fact that their individual and collective conducts resulted in deaths, grievous bodily harm, destruction of lives and properties of victims.
Particulars of Crimes
There have been several incitements to ethnic violence, extra judicial killings, torture, physical assaults, abductions and gross abuse of human rights in Nigeria which include but are not limited to:
Organized Violence, Ethnic Baiting And Attacks
(a) A few days before the election day, Senator Bola Ahmed Tinubu while addressing his supporters during a town hall meeting ordered his party members and his thugs to violently grab, snatch and run away with ballot boxes during elections; the plan was to denied Peter Obi and other Labour Party candidates their popular mandate. It might be argued that this conduct does not fall within the jurisdiction of the ICC, it is however evidence that the said conduct resulted in several casualties and fatalities to individuals. Herewith video evidence of Tinubu’s infamous address:
(I) Herewith a video where Tinubu inciting ethnic violence in Lagos:
I. Video of Tinubu Inciting Ethnic Violence in Lagos Election 2023
Translation: “These are people who left their villages, came into Lagos from childhood, 12 years of age. We accommodated and took care of them. Now, they want to bite the fingers that fed them”. He further said proverbially that “their case has now become that of hen”. When a western/Nigerian leader can express this much animosity against certain people in public, there’s trouble.
(ii) Video of Tinubu giving orders to APC members and thugs to grab, snatch and run away with ballot boxes
(b) Subsequent to Tinubu’s address, and on and about the 25 February 2023 being the Presidential election day, on 18 March 2023 being the Gubernatorial election day and post-election days; Mr Musiliu Akinsanya, Tinubu’s chief thug also known as MC Oluomo; his supporters and followers acting upon Tinubu’s orders and in compliance thereof took to the streets and unleashed mayhem in and around the country. Some of these barbaric incidents are as documented hereunder.
(c) Furthermore, also acting in concert with other Respondents, the following persons incited ethnic hatred and violence which resulted in injuries and deaths during and after the general elections in Nigeria.
These are: Mr Bayo Onanuga, a journalist member of the APC and the Director of Media and Publicity for Tinubu’s presidential campaign; Mr Femi Fani Kayode the Spokesman for Tinubu; Governor Yahaya Bello of Kogi State; Mr Sam Omatseye a journalist in one of Tinubu’s media companies; Otunba Biodun Ajiboye a member of APC; Mr Dele Alake a member of APC and Reno Omokri:
(i) Herewith a link to a newspaper which reported that the government of the United Kingdom has collated names of people that incited violence and voter suppression for ease of reference.
(ii) Herewith a link to a newspaper report on MC Oluomo and Governor Yahaya Bello invitation by the Nigerian Human Rights Commission for inciting genocide.
(iii) Herewith a link to a newspaper report where Bayo Onanuga was telling people of Igbo tribe to steer clear of Lagos State.
(iv) Herewith a link to a newspaper report of Bayo Onanuga inciting ethnic violence.
(v) Herewith a video and newspaper links where MC Oluomo is threatening to kill opposition voters of different ethnic group living in Lagos should they not vote for APC.
Oluomo threats to kill Igbos in Lagos
(d) These attacks and incidents where the results of incitement to ethnic hatred by the Respondents, politicians and their agents who actively participated in these criminal acts, they supplied arms and ammunitions to their foot soldiers and incited them to kill and inflict grievous bodily harm on other individuals of different ethnic groups in Nigeria.
They further publicly warned members of other ethnic groups who reside in Lagos State not to show up to exercise their fundamental human rights on the election dates.
(e) On 19 March 2023, following the completion of the gubernatorial and other elections in Lagos State, the attacks on opposition party supporters continued after various ethnic baiting tweets by Mr Bayo Onanuga, Femi Fani Kayode, Reno Omokri and others.
These tweets had fuelled election and post-election violence against individuals from the specific ethnic group who were the target of the incitements, and therefore must be treated as crimes against humanity.
(f) The promotion of attacks and violence against targeted groups residing in a particular area is a clear violation of international law which falls within the jurisdiction of the ICC. The ICC is hereby called upon to take action and to prevent a repeat, and also to hold the perpetrators to account. The comments on their social media handles are nothing other than hate speech.
(g) Bola Ahmed Tinubu’s inciting rhetoric about other ethnic groups living in Lagos State is largely responsible for the obvious suppression, oppression, attacks and killings witnessed during the recently concluded general elections in Nigeria.
There are material evidences of persons of non-Igbo tribes that suffered similar fate as the Igbo just because they look like the Igbo.
Conclusion
It is respectfully submitted that there are prima facie evidences of crimes to warrant investigation by the International Criminal Court “the ICC” for violation of international human rights law, violations of the United Nations Covenant on Civil and Political Rights and other norms of international law, both customary and by convention.
The Nigerian organs of state and prosecutorial system have become the instruments of such violations and as such the vehicles used to arrest and impose detention.
We await your kind response in this regard.
Your faithfully,
Austin Okeke Esq.
Head: International Litigation and Diplomacy
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