{"id":45871,"date":"2016-01-24T15:39:22","date_gmt":"2016-01-24T14:39:22","guid":{"rendered":"http:\/\/pointblanknews.com\/pbn\/?p=45871"},"modified":"2016-01-24T15:39:22","modified_gmt":"2016-01-24T14:39:22","slug":"dasukigate-falana-drags-suspects-to-icc-over-alleged-crimes-against-humanity","status":"publish","type":"post","link":"https:\/\/pointblanknews.com\/pbn\/exclusive\/dasukigate-falana-drags-suspects-to-icc-over-alleged-crimes-against-humanity\/","title":{"rendered":"Dasukigate: Falana drags suspects to ICC over alleged crimes against humanity"},"content":{"rendered":"
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Human rights lawyer Femi Falana SAN, has requested the International<\/div>\n<\/form>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n
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Criminal Court to \u201cinvestigate allegations of crimes against humanity
\ncommitted against the Nigerian people by some former and serving military
\nas well public officials and private persons who engaged in the criminal
\ndiversion of $8 billion earmarked to procure equipment for the armed
\nforces to fight insurgency\u201d<\/p>\n

In a petition dated 19 January 2016 and sent to the Prosecutor of the ICC
\nMrs Fatou Bensouda, Falana said, \u201cWe are a firm of civil rights lawyers
\nbased in Lagos, Nigeria. We are the defence counsel for the majority of
\nthe members of the Armed Forces\u00a0 of the\u00a0 Republic of Nigeria who were
\ncharged with mutiny, cowardly behavior and sundry offences before the
\ncourts-martial instituted by the former military authorities. As we shall
\ndemonstrate anon, the only “offence” proved against our clients in the
\nmilitary courts was that they had the temerity to demand for weapons to
\nfight the well equipped troops of the Boko Haram sect.\u201d<\/p>\n

The petition reads in part: \u201cOn account of the deliberate refusal of the
\nformer military authorities to equip and motivate the members of the armed
\nforces involved in combat operations the insurgents have killed about
\n25,000 soldiers and civilians including children and displaced over
\n2,000,000 people. Having compromised the security of the people of Nigeria
\nby collaborating with the terrorists the former military authorities
\ndeliberately encouraged the brutal killing of innocent people including
\nill-equipped officers and soldiers.\u201d<\/p>\n

\u201cDuring a visit to Borno state in 2014, former President Jonathan revealed
\nto some selected leaders of the community that it was when Alhaji Modu Ali
\nSheriff caused the extra judicial killing of the leader of the Boko Haram
\nsect, Mohammed Yusuf that the group declared war on the Nigerian people.
\nEven though President Jonathan knew that Alhaji Sheriff was a major
\nsponsor of the terrorist group the government did not charge him to court
\nunder the Terrorism Act applicable in Nigeria.\u201d<\/p>\n

\u201cIn order to divert the attention of the Nigerian people and the
\ninternational community from the afore mentioned crimes against humanity,
\nscores of soldiers were put on trial before courts-martial\u00a0 for demanding
\nfor equipment to fight the well-armed members of the Boko Haram sect. The
\nmilitary courts convicted the soldiers and sentenced them to various
\nterms of imprisonment while 70 were sentenced to death. Over 3,000 others
\nwere dismissed from the Nigerian Army in similar circumstances.\u201d<\/p>\n

\u201cHaving investigated and confirmed that the said soldiers were sacrificed
\nto cover up the criminal negligence of the former military authorities the
\ncurrent Army leadership has ordered the recall and reinstatement of the
\n3,000 dismissed soldiers and commuted the death sentence of 66 out of 70
\nconvicts on death row to 10 years’ imprisonment.\u201d<\/p>\n

\u201cThe inquiry conducted by the Presidential Panel on arms procurement has
\nestablished\u00a0 that\u00a0 the bulk of the sum of $2.1 billion and N643 billion
\n($4 billion) earmarked for the purchase of military hardware to fight
\nterrorism was criminally diverted by the former government through the
\noffice of the National Security Adviser, Col. Sambo Dasuki (rtd).\u00a0 It has
\nalso been confirmed that the said Col. Dasuki colluded with some serving
\nand retired military officers and civilians to divert the sum of $2
\nbillion and N29 billion set aside for the procurement of fighter jets and
\nother equipment for the Nigeria Air Force.\u201d<\/p>\n

\u201cAs if that was not enough, the sum of $322 million and \u00a35.5 million from
\nthe Abacha loot which was illegally transferred to Col. Dasuki by a former
\nFinance Minister, Dr. Ngozi Okonjo-Iweala for prosecuting the war on
\nterror has also been criminally diverted. Part of the stolen fund was used
\nto fund the campaign for the re-election of President Goodluck Jonathan in
\nthe 2015 general elections.\u201d<\/p>\n

\u201cApart from diverting the fund for acquiring military equipment some
\ncorrupt public officers also stole money set aside for acquiring the
\nnecessary gadgets and equipment for securing the Nigerian people. For
\ninstance, the $470 million contract awarded in 2009 for the installation
\nof CCTV cameras in Abuja, the seat of the federal government, was poorly
\nexecuted due to corrupt practices. Thus, the identification of terrorists
\nwho launched bomb attacks in public places in Abuja has been frustrated by
\nthe government officials who stole the contract sum.\u201d<\/p>\n

\u201cNotwithstanding the deliberate refusal of the military authorities to
\npurchase arms and armament due to the criminal diversion of the security
\nfund, Col. Dasuki gave a lecture at Chartam House in London on February 8,
\n2015 where he claimed that Nigeria had acquired adequate equipment to
\nprosecute the war on terror. At the time he was addressing his London
\naudience Col Dasuki was well aware that the fund for procurement of
\nweapons had been stolen by himself and his cohorts.\u201d<\/p>\n

\u201cHowever, out of the fear that he could be made to account for his role in
\nthe diversion of the security fund the then Chief of Defence Staff, Air
\nMarshal Barde disclosed, while he was retiring from the service on July
\n30, 2015, that the armed forces led by him lacked the equipment to fight
\nthe terrorists. In his reaction to the disclosure Col. Dasuki stated
\nsometime in August 2015 that the equipment ordered by the Jonathan
\nAdministration had not arrived the country!\u201d<\/p>\n

\u201cIt is submitted that the former public officials, serving and military
\nofficers as well as civilian collaborators who engaged in the criminal
\ndiversion of the security fund are\u00a0 liable to bear full responsibility for
\nthe death of about 25,000 people who were killed by the Boko Haram sect
\nand the over 2,000,000\u00a0 people displaced by the terrorist organisation.\u201d<\/p>\n

\u201cNigeria is a state party to the Rome Statute and deposited its instrument
\nof ratification on 27 September 2001. The preamble to the 2003 United
\nNations Convention against Corruption (UNCAC), which Nigeria has also
\nratified states that corruption \u201cis no longer a local matter but a
\ntransnational phenomenon that affects all societies and economies\u201d.<\/p>\n

\u201cWe strongly believe that allegations of corruption so far made against
\nCol. Sambo Dasuki and other public officers have had catastrophic effects
\non the lives of over 25,000 Nigerian soldiers and civilians including
\nchildren akin to crimes against humanity as contemplated under the Rome
\nStatute and within the jurisdiction of the Court. The Rome Statute in
\narticle 7 defines \u201ccrime against humanity\u201d to include \u201cinhumane acts
\ncausing great suffering or injury,\u201d committed in a widespread or
\nsystematic manner against a civilian population.\u201d<\/p>\n

\u201cThe common denominator of crimes against humanity is that they are grave
\naffronts to human security and dignity. We believe that the staggering
\namount of public funds alleged to have been stolen create just these
\nconsequences. Crimes against humanity are not only physical violence;
\nallegations of corruption highlighted above hold a comparable gravity,
\nwhich the Prosecutor should examine and thoroughly investigate.<\/p>\n

\u201cThe elements that need to be established to prove a \u201ccrime against
\nhumanity \u201cunder article 7(1)(k) of the Rome Statute are that, the
\nperpetrator inflicted great suffering or serious injury by means of an
\ninhumane act; that the perpetrator was aware of the circumstances, and
\nthat the act was committed within a widespread or systematic attack on a
\ncivilian population; and that the perpetrator knew of that link. The
\nconsequences of allegations of corruption highlighted above are similar to
\nthose of the offences in article 7(1).\u201d<\/p>\n

\u201cCorrupt officials in the government know well that their conduct is
\ncriminal and injurious, and that their ostentatious lives, built on a
\nradical breach of solemn trust, aggravate their crime against humanity. We
\nbelieve that these allegations of widespread and systematic corruption
\namount to crimes against humanity and therefore clear violations of the
\nprovisions of the Rome Statute of International Criminal Court. These
\nallegations have given rise to individual criminal responsibility of those
\nsuspected of perpetrating corruption, as entrenched in the Rome Statute.\u201d<\/p>\n

\u201cAlthough the government of President Muhammadu Buhari has so far shown
\nsome political will to fight corruption and recover stolen assets, we
\nbelieve that an international investigation by the ICC from the
\nperspective of crimes against humanity would complement the
\nanti-corruption initiatives by the current government and contribute to
\nending a culture of impunity of perpetrators. We submit that substantial
\ngrounds exist to warrant the intervention of the Prosecutor in this case.
\nUnder Article 30(2)(b) of the Rome Statute, a person has intent \u201cin
\nrelation\u00a0 to a consequence, [where] that person means to cause that
\nconsequence or is\u00a0 aware that it will occur in the ordinary course of
\nevents.\u201d<\/p>\n

\u201cWe therefore submit that this is sufficient to hold Col Dasuki and others
\nthat have been indicted in the arms theft scandal responsible for crimes
\nagainst humanity perpetrated against Nigerians. The failure of a former
\nFinance Minister, Dr Ngozi Okonjo-Iweala to prevent widespread and
\nsystematic corruption including the re-looting of the Abacha loot amounts
\nto complicity under the Rome Statute, and therefore fits the legal
\nrequirements of a crime against humanity.\u201d<\/p>\n

Falana then asked the ICC Prosecutor to:<\/p>\n

1.\u00a0 \u00a0 \u00a0 \u00a0 \u00a0Urgently commence an investigation proprio motu on the
\nallegations of the criminal diversion of the security fund of $2.1 billion
\nand N643 billion earmarked\u00a0 by suspected perpetrators, with a view to
\ndetermining whether these amount to crimes against humanity within
\nthe Court\u2019s jurisdiction. In this respect, I also urge you to invite
\nrepresentatives of the Nigerian government to provide written or oral
\ntestimony at the seat of the Court, so that the Prosecutor is able to
\nconclude on the basis of available information whether there is a
\nreasonable basis for an investigation, and to submit a request to the
\nPre-Trial Chamber for authorization of an investigation.<\/p>\n

2.\u00a0 \u00a0 \u00a0 \u00a0 \u00a0Bring to justice those suspected to bear full responsibility
\nfor deliberate under funding of the armed forces through widespread and
\nsystematic corruption in Nigeria; and<\/p>\n

3.\u00a0 \u00a0 \u00a0 \u00a0 \u00a0Urge the Nigerian government to fulfil its obligations under
\nthe Rome Statute to cooperate with the ICC; including complying with your
\nrequests to arrest and surrender suspected perpetrators of the\u00a0 \u00a0 criminal
\ndiversion of security fund, testimony, and provide other support to the
\nICC.<\/p><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Human rights lawyer Femi Falana SAN, has requested the International Criminal Court to \u201cinvestigate allegations of crimes against humanity committed against the Nigerian people by some former and serving military…<\/p>\n","protected":false},"author":1,"featured_media":37556,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-45871","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\nDasukigate: Falana drags suspects to ICC over alleged crimes against humanity - Pointblank News<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/pointblanknews.com\/pbn\/exclusive\/dasukigate-falana-drags-suspects-to-icc-over-alleged-crimes-against-humanity\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Dasukigate: Falana drags suspects to ICC over alleged crimes against humanity - 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