petition to Mrs. Fatou Bensouda, Prosecutor, International Criminal
Court (ICC), urging her to “promptly investigate reports that Nigerian
authorities, military, and some politicians have used/ and are using
thugs, soldiers and security agents to intimidate, harass, attack and
kill #EndSARS peaceful protesters in several parts of Nigeria, including
Abuja, Lagos, Edo, Osun, Plateau, and Kano states.”
SERAP urged Mrs. Bensouda to “push for those suspected to be responsible
for these crimes, mostly security officials, soldiers, some politicians
and other actors who directly or indirectly have individually and/or
collectively contributed to the attacks, deaths, and injuries, and are
therefore complicit in the crimes, to be tried by the ICC.”
In the petition dated 21 October 2020 and signed by SERAP deputy
director Kolawole Oluwadare, the organization said: “The Nigerian
authorities over the years have been unwilling and/or unable to
prosecute suspected perpetrators of the killing of protesters, which in
turn has promoted a culture of impunity and emboldened authorities, the
military, politicians and their accomplices who continue to commit human
rights crimes against protesters.”
SERAP said: “The violent attacks on peaceful protesters in Lekki,
Alausa, and other parts of the country suggest the lack of political
will by the government of President Muhammadu Buhari to respect people’s
human rights, including the rights to life, the dignity of the human
person, freedom of expression, peaceful assembly, and association.”
According to SERAP: “The repeated attacks on peaceful protesters suggest
the misuse of the military and security agents by the Nigerian
authorities and the failure to apply criminal sanctions to suspected
perpetrators.”
The petition, read in part: “Without accountability for these serious
human rights crimes against peaceful protesters, the victims will
continue to be denied access to justice, and impunity of perpetrators
will remain widespread and the result will continue to be a vicious
cycle of violence against Nigerians.”
“Nigerian authorities, military, and some politicians have failed
abysmally to ensure the enjoyment of the rights to life, dignity,
freedom of expression, and peaceful protest by the people. These events
suggest criminal conduct within the jurisdiction of the ICC.”
“SERAP believes that violence against protesters gives rise to the
individual criminal responsibility of those suspected of perpetrating
and/or failing to address the problem. as entrenched in the Rome
Statute.”
“The incidents of intimidation, harassment attacks, and killings of
peaceful protesters also strike at the integrity of the democratic
process and seriously undermine President Muhammadu Buhari’s
oft-expressed commitment to human rights and the rule of law, and to end
impunity of perpetrators.”
“Persistent attacks on peaceful protesters by Nigerian authorities,
military, security agents and some politicians seriously undermine the
people’s right to participate in their own government, and have resulted
in serious human rights crimes within the jurisdiction of the ICC.”
“Ending impunity for attacks on peaceful protesters would improve
respect for human rights in the country, and empower the citizens to
hold their leaders to account. Unless the citizens are freely allowed to
exercise their right to protest, the pervasive culture of impunity will
continue to flourish in the country.”
“The government of President Muhammadu Buhari has repeatedly failed to
address these grave human rights violations, which amount to crimes
against humanity within the jurisdiction of the ICC.”
“The use of thugs and soldiers against peaceful protesters has resulted
in several deaths and injuries. Nigerian authorities have failed and/or
neglected to prevent these crimes against peaceful protesters.”
“Nigeria is a state party to the Rome Statute and deposited its
instrument of ratification on 27 September 2001. It is therefore
important to promptly investigate allegations of killings and other
attacks on peaceful protesters if the ICC is to contribute to preventing
escalations in the coming days, months, and years.”
“The CCTV monitoring cameras at the Lekki toll gate and street lights
were reportedly turned off before soldiers opened fire on peaceful
protesters. This suggests a deliberate ploy by the authorities to cover
up these crimes against humanity.”
“Nigerian authorities, military, and politicians have failed to
understand the seriousness of killings of peaceful protesters, and have
been complicit in the commission of these crimes.”
“According to our information, Nigerian authorities, military, and some
politicians have used thugs, the police and soldiers to intimidate,
harass, attack and shoot at peaceful protesters campaigning against
police brutality across several parts of the country including Abuja,
Lagos, Edo, Oyo, Osun, Plateau, and Kano states.”
“The protests began on October 8, 2020, calling on the authorities to
abolish an abusive police unit called the Special Anti-Robbery Squad
(SARS). Just last night, several people taking part in the #EndSARS
peaceful protests at the Lekki Toll Gate, and Alausa in Lagos were
reportedly shot dead or wounded by soldiers. Several journalists
covering the protests have been severely attacked.”
“Nigerian authorities have shot tear gas, water cannons, and live rounds
at protesters, reportedly killing at least 60 people and wounding
several others. According to Amnesty International, on October 10, Jimoh
Isiaka was allegedly killed when police opened fire to disperse
protesters in Ogbomosho, Oyo state.”
“At least two other people were killed the following day in protests
against Isiaka’s death. On October 12, police officers in Surulere,
Lagos, reportedly opened gunfire to disperse protesters, killing
55-year-old Ikechukwu Ilohamauzo.”
“On October 15, the Nigerian army warned ‘subversive elements and
troublemakers’ to desist and offered to ‘support the civil authority in
whatever capacity to maintain law and order.’ The Nigerian military has
also been complicit in human rights abuses, including the use of lethal
force against peaceful protesters.”
“Nigeria has a long history of systematic and widespread attacks on
peaceful protesters especially since President Muhammadu Buhari assumed
power in May 2015. Nigerian authorities have failed to ensure justice
for the killings of protesters. Hundreds of members of the Shia Islamic
Movement of Nigeria (IMN) were killed by the Nigerian Army in Zaria,
Kaduna State on December 12, 2015.”
“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.”
“The consequences of persistent violence, attacks, and killings of
peaceful protesters in Nigeria are similar to those of the offences in
article 7(1). Senior government officials, the military, and some
politicians know well or ought to know that their failure to prevent
these crimes will violate Nigerians’ human rights and dignity.”
“SERAP considers the apparent failure of the government of President
Muhammadu Buhari to prevent widespread and systematic attacks on
peaceful protesters and the killing of protesters as amounting to
complicity under the Rome Statute. SERAP, therefore, believes that the
widespread and systemic nature of the problem fits the legal
requirements of violence against the Nigerian people and crime against
humanity.”
“The national authorities of the Court’s States Parties form the first
line of defense in addressing the crime against humanity during
protests, as they shoulder the primary responsibility for the
investigation and prosecution of perpetrators of the crime. But Nigerian
authorities have been unwilling or unable to address the problem of
attacks on peaceful protesters, and end the crimes against humanity.”
“SERAP urges you to investigate the killing of protesters, and other
attacks perpetrated against protesters, and if there is sufficient
admissible evidence prosecute officials, soldiers and any politicians
for allegations of killing and violence against protesters, as provided
for under the Rome Statute, and other relevant treaties, to deter the
crimes and end impunity in the country.”
“SERAP believes that substantial grounds exist to warrant the
intervention of the Prosecutor in this case. Under Article 17 of the
Rome Statute, the Court is a court of last resort, expected to exercise
its jurisdiction only if states themselves are unwilling or unable
genuinely to investigate and prosecute international crimes.”
“Also, pursuant to the Rome Statute, the Prosecutor has the power to
intervene in a situation under the jurisdiction of the Court if the
Security Council or state parties refer a situation or if the
information is provided from other sources such as the information SERAP
is providing in this case.”
SERAP, therefore, urged the ICC to:
1. Urgently commence an investigation proprio motu on the widespread
and systematic problem of attacks on protesters, with a view to
determining whether these amount to violence against the Nigerian people
and crime against humanity within the Court’s jurisdiction. In this
respect, we also urge you to invite representatives of the Nigerian
government, the military to provide written or oral testimony at the
seat of the Court, so that the Prosecutor is able to conclude since
available information whether there is a reasonable basis for an
investigation, and to submit a request to the Pre-Trial Chamber for
authorization of an investigation;
2. Bring to justice those suspected to be responsible for widespread
and systematic attacks on peaceful protesters across the country;
3. Urge the Nigerian government to fulfill its obligations under the
Rome Statute to cooperate with the ICC; including complying with your
requests to arrest and surrender suspected perpetrators of the
widespread and systematic crime of violence against peaceful protesters,
testimony, and provide other support to the ICC;
4. Compel the Nigerian authorities to ensure that Nigerians are
afforded their right to life, dignity, freedom of expression, peaceful
assembly, and association, and ensure reparations to victims, including
restitution, compensation, rehabilitation, and a guarantee of
non-repetition