The International Criminal Court in The Hague is considering the petition
\non the allegations of widespread, systematic and large-scale corruption in
\nthe electricity sector since the return of democracy in 1999 and under the
\ngovernments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua
\nand Goodluck Jonathan in Nigeria, anti-corruption advocacy group
\nSocio-Economic Rights and Accountability Project (SERAP) has confirmed.<\/p>\n
In a statement today by SERAP deputy director Timothy Adewale the
\norganization said that, \u201cSERAP can confirm that the ICC is now considering
\nour petition. We have received communication from Mark P. Dillon, Head of
\nInformation and Evidence Unit of the ICC indicating that the court will
\ngive due consideration to our petition.\u201d<\/p>\n
According to SERAP, the information is contained in a letter with
\nreference number OTP-CR-245\/17 received by the organization today. SERAP
\nquoted the letter as reading in part: \u201cThis communication has been duly
\nentered in the Communications Register of the Office. We will give
\nconsideration to this communication, as appropriate, in accordance with
\nthe provisions of the Rome Statute of the International Criminal Court. As
\nsoon as a decision is reached, we will inform you, in writing, and provide
\nyou with reasons for this decision.\u201d<\/p>\n
Timothy Adewale said: \u201cSERAP appreciates the prompt attention to this
\nmatter by the ICC. We urge the court to pursue this matter to a
\nsatisfactory conclusion by taking the case forward as required by the
\nprovisions of the Rome Statute, and ensuring a thorough investigation and
\nprosecution of suspected perpetrators of grand corruption in the
\nelectricity sector in Nigeria.\u201d<\/p>\n
It would be recalled that SERAP last week sent a petition to Mrs. Fatou
\nBensouda Prosecutor the ICC asking her to use her \u201cgood offices and
\nleadership position to investigate whether the allegations of widespread,
\nsystematic and large-scale corruption in the electricity sector since the
\nreturn of democracy in 1999 and under the governments of former presidents
\nOlusegun Obasanjo, Umaru Musa Yar’Adua and Goodluck Jonathan in Nigeria
\namount to crimes against humanity within the jurisdiction of the
\nInternational Criminal Court, and to prevail on the Nigerian government to
\nsurrender all suspected perpetrators for trial by the ICC.\u201d<\/p>\n
Office of The Prosecutor Nigeria is a state party to the Rome Statute and
\ndeposited its instrument of ratification on 27 September 2001. In the
\npetition dated 16 August 2017 and signed by SERAP deputy director Timothy
\nAdewale the organization said that, \u201callegations of corruption in the
\nelectricity sector in Nigeria have had catastrophic effects on the lives
\nof millions of Nigerians, akin to crimes against humanity as contemplated
\nunder the Rome Statue and within the jurisdiction of the Court.\u201d<\/p>\n
According to SERAP, \u201cThe Rome Statute in article 7 defines \u2018crime against
\nhumanity\u2019 to include \u2018inhumane acts causing great suffering or injury,\u2019
\ncommitted in a widespread or systematic manner against a civilian
\npopulation. The common denominator of crimes against humanity is that they
\nare grave affronts to human security and dignity.\u00a0 Therefore, the
\nstaggering amounts of public funds alleged to have been stolen over the
\nyears in the electricity sector create just these consequences. Crimes
\nagainst humanity are not only physical violence; allegations of corruption
\nin the electricity sector hold a comparable gravity, which the Prosecutor
\nshould examine and thoroughly investigate.\u201d<\/p>\n
The petition reads in part: \u201cThe elements that need to be established to
\nprove a \u201ccrime against humanity \u201cunder article 7(1)(k) of the Rome Statute
\nare that, the perpetrator inflicted great suffering or serious injury by
\nmeans of an inhumane act; that the perpetrator was aware of the
\ncircumstances, and that the act was committed within a widespread or
\nsystematic attack on a civilian population; and that the perpetrator knew
\nof that link.\u201d<\/p>\n
\u201cThe consequences of allegations of corruption in the electricity sector
\nare similar to those of the offences in article 7(1). Corrupt officials
\nand corrupt contractors in the electricity sector know well that their
\nconduct is criminal and injurious, and the denial of human dignity coupled
\nwith a radical breach of solemn trust, aggravate their alleged crime.\u201d<\/p>\n
\u201cSERAP considers these allegations of widespread and systematic corruption
\nin the electricity sector as amounting to crimes against humanity and
\ntherefore clear violations of the provisions of the Rome Statute of
\nInternational Criminal Court. SERAP believes that these allegations have
\ngiven rise to individual criminal responsibility of those suspected of
\nperpetrating corruption in the electricity sector, as entrenched in the
\nRome Statute of the International Criminal Court.\u201d<\/p>\n
\u201cSERAP considers the apparent failure of successive governments and
\nhigh-ranking government officials to prevent widespread and systematic
\ncorruption in the electricity sector as amounting to complicity under the
\nRome Statute. SERAP therefore believes that the widespread and systemic
\nnature of large scale corruption in the electricity sector fits the legal
\nrequirements of a crime against humanity.\u201d<\/p>\n
\u201cThe 2006 Commonwealth working group on asset repatriation specifically
\nrefers to corruption including in the electricity sector being defined as
\nan international crime. SERAP believes an international investigation by
\nthe ICC would complement the anticorruption initiatives by the current
\ngovernment and contribute to ending a culture of impunity of
\nperpetrators.\u201d<\/p>\n
\u201cSERAP believes that substantial grounds exist to warrant the intervention
\nof the Prosecutor in this case. Pursuant to the Rome Statute, the
\nProsecutor has power to intervene in a situation under the jurisdiction of
\nthe Court if the Security Council or states parties refer a situation or
\nif information is provided from other sources such as the information
\nSERAP is providing in this case.\u201d<\/p>\n
\u201cSERAP is seriously concerned that the instances of corruption highlighted
\nabove and details of which are contained in the enclosed From Darkness to
\nDarkness report are not isolated events, but illustrate the widespread and
\nsystematic nature of large scale corruption in the electricity sector
\nunder the governments of former presidents Olusegun Obasanjo, Umaru Musa
\nYar’Adua and Goodluck Jonathan. This level of corruption has limited
\naccess to and affordability of electricity in Nigeria.\u201d<\/p>\n
\u201cWidespread, systemic and large-scale corruption in the electricity sector
\nand the lack of transparency and accountability in the use of public funds
\nto support the operations of Discos have resulted in regular blackouts and
\ndisproportionately affected the most disadvantaged and vulnerable sectors
\nof the population who cannot readily afford expensive generators in order
\nto have a reliable power supply. The situation is not likely to improve
\nconsidering that the production of electricity is not proportionate with
\nthe rapidly growing population.\u201d<\/p>\n
\u201cThe African Commission on Human and People\u2019s Rights has adjudged the
\nfailure of the States \u201cto provide basic services such as (…)
\nelectricity\u201d as violating the right to health.\u201d SERAP argues that Nigeria
\nis bound to make full use of the resources available to ensure regular and
\nuninterrupted supply of electricity, even in times of resource
\nconstraints. Under international law, vulnerable members of the society
\nmust be protected by the adoption of relatively low-cost targeted
\nprogrammes even in times of severe resources constraints.\u201d<\/p>\n
\u201cSERAP also notes that allegations of corruption in the energy sector have
\nresulted in the epileptic and interrupted supply of electricity and
\ncorresponding deprivation and denial of the citizens\u2019 access to quality
\nhealthcare, adequate food, shelter, clothing, water, sanitation, medical
\ncare, schooling, and access to information.\u201d<\/p>\n
\u201cSERAP notes that lack of access to uninterrupted energy\/electricity
\nservices has forced many citizens to use and collect frequently
\ncontaminated surface water for drinking and household uses; and denied the
\ncitizens the ability and services for boiling, purifying, disinfecting,
\nand storing water, as well as for irrigation to increase the productivity
\nof lands, thereby decreasing the availability of food supplies and
\nundermining employment opportunities.\u201d<\/p>\n
It would be recalled that last week SERAP launched its report titled, From
\nDarkness to Darkness: How Nigerians are Paying the Price for Corruption in
\nthe Electricity Sector alleging that \u201cthe much-publicised power sector
\nreforms in Nigeria under the Electric Power Sector Reform Act of 2005 is
\nyet to yield desired and\/or anticipated fruits largely due to corruption,
\nregulatory lapses and policy inconsistencies. The country has lost more
\nmegawatts in the post-privatisation era due largely to widespread,
\nsystemic and large-scale corruption.\u201d<\/p>\n
The report also said that, \u201cThe total estimated financial loss to Nigeria
\nfrom corruption in the electricity sector starting from the return to
\ndemocracy in 1999 to date is over Eleven Trillion Naira (N11 Trillion
\nNaira). This represents public funds, private equity and social investment
\n(or divestments) in the power sector. It is estimated that may reach over
\nTwenty Trillion Naira (N20 Trillion Naira) in the next decade given the
\nrate of Government investment and funding in the power sector amidst
\ndwindling fortune and recurrent revenue shortfalls.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
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