Socio-Economic Rights and Accountability Project (SERAP) has urged
President Muhammadu Buhari to urgently “seek from the International
Criminal Court an arrest warrant to bring Mrs Diezani Alison-Madueke
before the court on allegations of corruption against her, which the
government should consider as crimes against humanity and serious enough
for it to sanction her prosecution before the court.”
The organization also urged the government to “pursue civil actions to
ensure that all the funds allegedly stolen by her are fully recovered and
duly accounted for.”
In a statement dated 3 September 2017 and signed by SERAP deputy director
Timothy Adewale the organization said that, “The allegations of corruption
against Mrs Diezani Alison-Madueke suggest the manifest failure of the
government of former president Goodluck Jonathan to protect Nigerians from
such heinous crimes. Your government now has the responsibility to take
bold action to sufficiently redress this injustice committed against
Nigerians, and the significant long-term damage for the country.”
The organization said that, “By pursuing international warrant of arrest
for Mrs Diezani Alison-Madueke in order for her to be brought before the
ICC, your government would be showing to Nigerians that it is indeed
determined to match its stated commitment to combat grand corruption and
its debilitating effects with concrete and bold action.”
SERAP’s request followed growing allegations of corruption against Mrs
Alison-Madueke and the recent disclosure by the Chairman, Presidential
Advisory Committee Against Corruption, Prof. Itse Sagay that the Economic
and Financial Crimes Commission had recovered about half a trillion naira
from her. Several court orders have also seized millions of dollars from
bank accounts and forfeiture of several houses both in Nigeria and abroad
linked to her.
The statement read in part: “SERAP believes that as important as it is,
the recovery of alleged stolen public funds from Mrs Diezani
Alison-Madueke is far from adequate to redress the crimes against humanity
that have been committed against Nigerians. The allegations of corruption
clearly suggest the exploitation of Nigeria’s natural resources to the
detriment of its people, and are serious enough to meet the requirements
of crimes against humanity, thus bringing her within the jurisdiction of
the ICC.”
“Pursuing this case before the ICC would also help to deter grand
corruption and its devastating effects on Nigeria and contribute to the
development of case-law in the field of corruption and citizens’
socio-economic rights, and ultimately advance the right of Nigerians to
restitution, compensation and guarantee of non-repetition. Such bold
initiative would also improve public confidence in the fight against
corruption.”
“We also urge your government should urgently propose legislation that
would characterise the kind of corruption allegedly committed by Mrs
Diezani Alison-Madueke as crime against humanity within our national laws,
and thus allow Nigerian courts to directly hear those cases.”
“In this case, the inhumane acts committed against Nigerians take the form
of grand corruption, and taking away our commonwealth for her personal
benefit, the corrupt acts apparently took place over an extended and
critical period during the government of former president Goodluck
Jonathan. Mrs Diezani Alison-Madueke knew or ought to have known that such
level of alleged corruption by her would cause or contribute to or
aggravate the suffering of marginalized and vulnerable Nigerians, denying
them access to the basic necessities of life.”
“The fact that such enormous crimes could went on for such a long time
without any form of redress is an affront to universal human rights of
Nigerians to their natural wealth and resources. SERAP believes that
causing unspeakable hardships or aggravating the suffering of large
numbers of Nigerians ought to constitute an inhumane act of a nature
amounting to a crime against humanity, for which the most appropriate
forum of redress is the ICC.”
“The allegations of corruption against Mrs Diezani Alison-Madueke deeply
shock the conscience of humanity. Stealing of public funds meant to ensure
basic necessities such as water, shelter and medicines for Nigerians rises
to the level of crimes against humanity, as this has compelled the
citizens to live in inhumane or degrading conditions, in violation of
customary international law and treaty obligations particularly the Rome
Statute of the International Criminal Court to which Nigeria is a state
party.”
“Article 7(2)(b) of the Rome Statute of the International Criminal Court
among others includes the intentional deprivation of access to food and
medicine as crime against humanity. Under Article 30(2)(b), a person has
intent in relation to a consequence, for example, where that person means
to cause that consequence or is aware that it will occur in the ordinary
course of events.”
“Allegedly stealing such huge public funds from a developing country like
Nigeria has not only drained Nigerians of their valuable commonwealth but
also contributed to poverty, irregular electricity supply, bad roads, poor
and inadequate health facilities, underdevelopment, conflicts, and
insecurity.”
“Primarily because of grand corruption under successive governments since
the return of democracy in 1999, millions of Nigerians continue to live in
extreme poverty, a condition manifested by the lack of clean water,
malnutrition, high rates of child mortality and morbidity, low life
expectancy, illiteracy, perception of hopelessness and social exclusion.”
“Such basic necessities are those resources needed for individuals to
maintain their physical and mental integrity. The resources may be
material resources, services or access opportunities. SERAP believes that
depriving individuals of basic necessities may cause physical or mental
sufferings, material losses, physical or mental injury, or death.”
“SERAP also notes the final report on the Question of Impunity of
Perpetrators of Human Rights Violations by UN Special Rapporteur El Hadji
Guiss which concluded that violations of economic, social and cultural
rights could be declared international crimes that are consequently
subject to the principles of universal jurisdiction and
imprescriptibility.”
“Similarly, Common Article 1 to the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and
Cultural Rights stipulates an imperative prohibition against depriving a
people of its own means of subsistence.”
“The essence of crimes against humanity is a systematic policy or action
of a certain scale and gravity directed against a civilian population. The
expression ‘attack directed against any civilian population’ is defined as
meaning ‘a course of conduct involving the multiple commission of acts
against any civilian population, pursuant to or in furtherance of a State
or organizational policy to commit such attack.”
“The term ‘attack’ is not limited to violent acts. SERAP believes it
extends to grand corruption committed with the intent or knowledge that
such enormous crime will subject a civilian population to inhumane
conditions of existence or perpetuate such conditions.”
“The ICC pre-trial chamber issues a warrant if it determines that the
summary of evidence that the prosecutor presented establishes reasonable
grounds to believe that the person named has committed a crime within the
court’s jurisdiction.”