The International Criminal Court in The Hague is considering the petition
on the allegations of widespread, systematic and large-scale corruption in
the electricity sector since the return of democracy in 1999 and under the
governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua
and Goodluck Jonathan in Nigeria, anti-corruption advocacy group
Socio-Economic Rights and Accountability Project (SERAP) has confirmed.
In a statement today by SERAP deputy director Timothy Adewale the
organization said that, “SERAP can confirm that the ICC is now considering
our petition. We have received communication from Mark P. Dillon, Head of
Information and Evidence Unit of the ICC indicating that the court will
give due consideration to our petition.”
According to SERAP, the information is contained in a letter with
reference number OTP-CR-245/17 received by the organization today. SERAP
quoted the letter as reading in part: “This communication has been duly
entered in the Communications Register of the Office. We will give
consideration to this communication, as appropriate, in accordance with
the provisions of the Rome Statute of the International Criminal Court. As
soon as a decision is reached, we will inform you, in writing, and provide
you with reasons for this decision.”
Timothy Adewale said: “SERAP appreciates the prompt attention to this
matter by the ICC. We urge the court to pursue this matter to a
satisfactory conclusion by taking the case forward as required by the
provisions of the Rome Statute, and ensuring a thorough investigation and
prosecution of suspected perpetrators of grand corruption in the
electricity sector in Nigeria.”
It would be recalled that SERAP last week sent a petition to Mrs. Fatou
Bensouda Prosecutor the ICC asking her to use her “good offices and
leadership position to investigate whether the allegations of widespread,
systematic and large-scale corruption in the electricity sector since the
return of democracy in 1999 and under the governments of former presidents
Olusegun Obasanjo, Umaru Musa Yar’Adua and Goodluck Jonathan in Nigeria
amount to crimes against humanity within the jurisdiction of the
International Criminal Court, and to prevail on the Nigerian government to
surrender all suspected perpetrators for trial by the ICC.”
Office of The Prosecutor Nigeria is a state party to the Rome Statute and
deposited its instrument of ratification on 27 September 2001. In the
petition dated 16 August 2017 and signed by SERAP deputy director Timothy
Adewale the organization said that, “allegations of corruption in the
electricity sector in Nigeria have had catastrophic effects on the lives
of millions of Nigerians, akin to crimes against humanity as contemplated
under the Rome Statue and within the jurisdiction of the Court.”
According to SERAP, “The Rome Statute in article 7 defines ‘crime against
humanity’ to include ‘inhumane acts causing great suffering or injury,’
committed in a widespread or systematic manner against a civilian
population. The common denominator of crimes against humanity is that they
are grave affronts to human security and dignity. Therefore, the
staggering amounts of public funds alleged to have been stolen over the
years in the electricity sector create just these consequences. Crimes
against humanity are not only physical violence; allegations of corruption
in the electricity sector hold a comparable gravity, which the Prosecutor
should examine and thoroughly investigate.”
The petition reads in part: “The elements that need to be established to
prove a “crime against humanity “under article 7(1)(k) of the Rome Statute
are that, the perpetrator inflicted great suffering or serious injury by
means of an inhumane act; that the perpetrator was aware of the
circumstances, and that the act was committed within a widespread or
systematic attack on a civilian population; and that the perpetrator knew
of that link.”
“The consequences of allegations of corruption in the electricity sector
are similar to those of the offences in article 7(1). Corrupt officials
and corrupt contractors in the electricity sector know well that their
conduct is criminal and injurious, and the denial of human dignity coupled
with a radical breach of solemn trust, aggravate their alleged crime.”
“SERAP considers these allegations of widespread and systematic corruption
in the electricity sector as amounting to crimes against humanity and
therefore clear violations of the provisions of the Rome Statute of
International Criminal Court. SERAP believes that these allegations have
given rise to individual criminal responsibility of those suspected of
perpetrating corruption in the electricity sector, as entrenched in the
Rome Statute of the International Criminal Court.”
“SERAP considers the apparent failure of successive governments and
high-ranking government officials to prevent widespread and systematic
corruption in the electricity sector as amounting to complicity under the
Rome Statute. SERAP therefore believes that the widespread and systemic
nature of large scale corruption in the electricity sector fits the legal
requirements of a crime against humanity.”
“The 2006 Commonwealth working group on asset repatriation specifically
refers to corruption including in the electricity sector being defined as
an international crime. SERAP believes an international investigation by
the ICC would complement the anticorruption initiatives by the current
government and contribute to ending a culture of impunity of
perpetrators.”
“SERAP believes that substantial grounds exist to warrant the intervention
of the Prosecutor in this case. Pursuant to the Rome Statute, the
Prosecutor has power to intervene in a situation under the jurisdiction of
the Court if the Security Council or states parties refer a situation or
if information is provided from other sources such as the information
SERAP is providing in this case.”
“SERAP is seriously concerned that the instances of corruption highlighted
above and details of which are contained in the enclosed From Darkness to
Darkness report are not isolated events, but illustrate the widespread and
systematic nature of large scale corruption in the electricity sector
under the governments of former presidents Olusegun Obasanjo, Umaru Musa
Yar’Adua and Goodluck Jonathan. This level of corruption has limited
access to and affordability of electricity in Nigeria.”
“Widespread, systemic and large-scale corruption in the electricity sector
and the lack of transparency and accountability in the use of public funds
to support the operations of Discos have resulted in regular blackouts and
disproportionately affected the most disadvantaged and vulnerable sectors
of the population who cannot readily afford expensive generators in order
to have a reliable power supply. The situation is not likely to improve
considering that the production of electricity is not proportionate with
the rapidly growing population.”
“The African Commission on Human and People’s Rights has adjudged the
failure of the States “to provide basic services such as (…)
electricity” as violating the right to health.” SERAP argues that Nigeria
is bound to make full use of the resources available to ensure regular and
uninterrupted supply of electricity, even in times of resource
constraints. Under international law, vulnerable members of the society
must be protected by the adoption of relatively low-cost targeted
programmes even in times of severe resources constraints.”
“SERAP also notes that allegations of corruption in the energy sector have
resulted in the epileptic and interrupted supply of electricity and
corresponding deprivation and denial of the citizens’ access to quality
healthcare, adequate food, shelter, clothing, water, sanitation, medical
care, schooling, and access to information.”
“SERAP notes that lack of access to uninterrupted energy/electricity
services has forced many citizens to use and collect frequently
contaminated surface water for drinking and household uses; and denied the
citizens the ability and services for boiling, purifying, disinfecting,
and storing water, as well as for irrigation to increase the productivity
of lands, thereby decreasing the availability of food supplies and
undermining employment opportunities.”
It would be recalled that last week SERAP launched its report titled, From
Darkness to Darkness: How Nigerians are Paying the Price for Corruption in
the Electricity Sector alleging that “the much-publicised power sector
reforms in Nigeria under the Electric Power Sector Reform Act of 2005 is
yet to yield desired and/or anticipated fruits largely due to corruption,
regulatory lapses and policy inconsistencies. The country has lost more
megawatts in the post-privatisation era due largely to widespread,
systemic and large-scale corruption.”
The report also said that, “The total estimated financial loss to Nigeria
from corruption in the electricity sector starting from the return to
democracy in 1999 to date is over Eleven Trillion Naira (N11 Trillion
Naira). This represents public funds, private equity and social investment
(or divestments) in the power sector. It is estimated that may reach over
Twenty Trillion Naira (N20 Trillion Naira) in the next decade given the
rate of Government investment and funding in the power sector amidst
dwindling fortune and recurrent revenue shortfalls.”