Socio-Economic Rights and Accountability Project, (SERAP) has sent an open
letter to President Muhammadu Buhari urging him to “immediately refer to
the International Criminal Court (ICC) pursuant to article 13 of the Rome
Statute to which Nigeria is a state party, all allegations of
election-related violence, intimidation and killings between 1999 and 2019
for investigation and prosecution.”
The organization said: “It is important to do this to send a powerful
message that election-related violence, intimidation and killings will not
be tolerated under your watch.”
In the letter dated 25 February 2019 and signed by SERAP deputy director
Kolawole Oluwadare, the organization said: “Referral of the cases of
election-related violence, intimidation and killings to the ICC would
serve as a deterrent and ensure that Nigerians, particularly victims in
the states that have repeatedly witnessed violence and whose human rights
have been violated are not denied justice and effective remedies.”
According to the organization, “The violence, intimidation and killings in
some states around the just concluded general elections suggest that the
electoral law and criminal law have over the years not been adequately
enforced, and deterrence, through criminal sanctions, is failing.
Electoral violence – a species of political violence – is not only a
criminal act but crimes under international law, given its widespread and
systematic nature over many years.”
The letter read in part: “Apart from undermining the integrity of
elections and the democratic process, the repeated failure of successive
governments to punish electoral violence has created a culture of impunity
among politicians who persistently recruit and arm thugs to intimidate and
kill political opponents, and citizens who are simply exercising their
rights to participate in their own government.”
“The election-related violence, intimidation and killings since 1999 also
amount to a crime against deliberation and dialogue; against participation
and peaceful means of settling disputes, and a blatant violation of the
rights to life; bodily integrity; liberty; freedom of opinion, expression
and association; to vote and freely choose elected representatives;
property; and to not live in fear.”
“Persistent violence, intimidation and other human rights violations
around elections undermine the free expression of the will of voters and
diminish the opportunity of citizens to hold their representatives to
account through the electoral process for their exercise of power and
spending of Nigeria’s commonwealth.”
“Successive governments have failed abysmally to take positive measures to
ensure ballot box security and prevent violence, intimidation and other
serious violations of human rights for many years, invariably undermining
the authority, independence, and efficacy of the Independent National
Electoral Commission (INEC) a body created to ensure free and fair
elections as well as obstructing and distorting citizens’ right to freely
exercising their right to vote and citizenship.”
“SERAP is concerned about reports of violence, intimidation and killings
in many states of the country including Bayelsa, Borno, Rivers, Lagos, and
Oyo states. At least 30 people have been reportedly killed and several
injured during the just concluded presidential and legislative polls. Like
previous elections since the return of democracy in 1999, the 2019 general
elections of February 23, 2019 have witnessed violence, intimidation and
killings in several states.”
“SERAP therefore urges you to move swiftly to implement these proposed
recommendations as a way of demonstrating your government’s commitment to
end the culture and legacy of election-related violence, intimidation and
killings in the country, ensure prosecution of suspected perpetrators and
justice for victims as well as ensure the safety and security of Nigerian
voters, observers and other people in subsequent elections.”
“We also urge you to consider setting up a complementary national
mechanism in the form of a commission of inquiry to investigate
election-related violence, intimidation and killings between 1999 and 2019
in order to gather evidence relating to allegations of serious violations
of human rights and crimes under international law and ensure the
effective prosecution of politicians and others responsible for arming
political thugs to commit these atrocities.”
“Citizens are entitled to the internationally recognized right to a free
and fair election, expressed in the principles of the International
Covenant on Civil and Political Rights and the African Charter on Human
and Peoples’ to which Nigeria is a state party. The African Charter has
been domesticated as part of our domestic laws.”
“Establishing a commission of inquiry to investigate election-related
violence, intimidation and killings since 29 May 1999 would help Nigerians
to know exactly those behind these egregious violations of human rights
and to bring suspected perpetrators and their sponsors to justice as well
as contribute to preventing and deterring such incidents in future
elections.”
“The proposed commission should be led by a retired justice of the Court
of Appeal or the Supreme Court of Nigeria. The activities of the
commission must be open to the public and all the governors of states that
have repeatedly witnessed election-related violence, intimidation and
killings should be summoned to give a public account of the number of
abuses that have been recorded in their states over the years.”
“The commission should make recommendations including on the prosecution
of those found to have perpetrated directly or indirectly or are complicit
in committing these criminal acts and serious violations of human rights.”
“SERAP also notes that Nigeria is a key member of the Economic Community
of West African States (ECOWAS), which has “accountability, economic and
social justice and popular participation in development” as part of the
fundamental principles contained in its Revised Treaty. In a similar way,
Nigeria is a state party to the UN Convention against Corruption. Article
1(c) of the Convention states the purpose of the treaty as including: ‘To
promote integrity, accountability and proper management of public affairs
and public property.’”