Dasukigate: ICC hears petition against Dasuki, Iweala, others over alleged crimes against humanity

Source: pointblanknews.com

The International Criminal Court (ICC) at The Hague has confirmed that it

is considering petition submitted to it by human rights lawyer Femi

Falana, SAN over alleged crimes against humanity committed in the context

of the arms procurement scandal.
The ICC revealed this in a letter dated 1 February 2016 with reference:

OTP-CR-32/16 and signed by Mark P. Dillon, Head of Information & Evidence

Unit of the ICC.
The letter reads in part: “The Office of the Prosecutor of the

International Criminal Court acknowledges receipt of your

documents/letter. 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.”
It would be recalled that Falana had in a petition dated 19 January 2016

requested the ICC to “investigate allegations of crimes against humanity

committed against the Nigerian people by some former and serving military

as well public officials and private persons who engaged in the criminal

diversion of $8 billion earmarked to procure equipment for the armed

forces to fight insurgency”
The petition reads in part: “On account of the deliberate refusal of the

former military authorities to equip and motivate the members of the armed

forces involved in combat operations the insurgents have killed about

25,000 soldiers and civilians including children and displaced over

2,000,000 people. Having compromised the security of the people of Nigeria

by collaborating with the terrorists the former military authorities

deliberately encouraged the brutal killing of innocent people including

ill-equipped officers and soldiers.”
“During a visit to Borno state in 2014, former President Jonathan revealed

to some selected leaders of the community that it was when Alhaji Modu Ali

Sheriff caused the extra judicial killing of the leader of the Boko Haram

sect, Mohammed Yusuf that the group declared war on the Nigerian people.

Even though President Jonathan knew that Alhaji Sheriff was a major

sponsor of the terrorist group the government did not charge him to court

under the Terrorism Act applicable in Nigeria.”
“In order to divert the attention of the Nigerian people and the

international community from the afore mentioned crimes against humanity,

scores of soldiers were put on trial before courts-martial for demanding

for equipment to fight the well-armed members of the Boko Haram sect. The

military courts convicted the soldiers and sentenced them to various

terms of imprisonment while 70 were sentenced to death. Over 3,000 others

were dismissed from the Nigerian Army in similar circumstances.”

“Having investigated and confirmed that the said soldiers were sacrificed

to cover up the criminal negligence of the former military authorities the

current Army leadership has ordered the recall and reinstatement of the

3,000 dismissed soldiers and commuted the death sentence of 66 out of 70

convicts on death row to 10 years’ imprisonment.”

“The inquiry conducted by the Presidential Panel on arms procurement has

established  that  the bulk of the sum of $2.1 billion and N643 billion

($4 billion) earmarked for the purchase of military hardware to fight

terrorism was criminally diverted by the former government through the

office of the National Security Adviser, Col. Sambo Dasuki (rtd).  It has

also been confirmed that the said Col. Dasuki colluded with some serving

and retired military officers and civilians to divert the sum of $2

billion and N29 billion set aside for the procurement of fighter jets and

other equipment for the Nigeria Air Force.”
“As if that was not enough, the sum of $322 million and £5.5 million from

the Abacha loot which was illegally transferred to Col. Dasuki by a former

Finance Minister, Dr. Ngozi Okonjo-Iweala for prosecuting the war on

terror has also been criminally diverted. Part of the stolen fund was used

to fund the campaign for the re-election of President Goodluck Jonathan in

the 2015 general elections.”
“Apart from diverting the fund for acquiring military equipment some

corrupt public officers also stole money set aside for acquiring the

necessary gadgets and equipment for securing the Nigerian people. For

instance, the $470 million contract awarded in 2009 for the installation

of CCTV cameras in Abuja, the seat of the federal government, was poorly

executed due to corrupt practices. Thus, the identification of terrorists

who launched bomb attacks in public places in Abuja has been frustrated by

the government officials who stole the contract sum.”

“Notwithstanding the deliberate refusal of the military authorities to

purchase arms and armament due to the criminal diversion of the security

fund, Col. Dasuki gave a lecture at Chartam House in London on February 8,

2015 where he claimed that Nigeria had acquired adequate equipment to

prosecute the war on terror. At the time he was addressing his London

audience Col Dasuki was well aware that the fund for procurement of

weapons had been stolen by himself and his cohorts.”

“However, out of the fear that he could be made to account for his role in

the diversion of the security fund the then Chief of Defence Staff, Air

Marshal Barde disclosed, while he was retiring from the service on July

30, 2015, that the armed forces led by him lacked the equipment to fight

the terrorists. In his reaction to the disclosure Col. Dasuki stated

sometime in August 2015 that the equipment ordered by the Jonathan

Administration had not arrived the country!”
“It is submitted that the former public officials, serving and military

officers as well as civilian collaborators who engaged in the criminal

diversion of the security fund are  liable to bear full responsibility for

the death of about 25,000 people who were killed by the Boko Haram sect

and the over 2,000,000  people displaced by the terrorist organisation.”

“Nigeria is a state party to the Rome Statute and deposited its instrument

of ratification on 27 September 2001. The preamble to the 2003 United

Nations Convention against Corruption (UNCAC), which Nigeria has also

ratified states that corruption “is no longer a local matter but a

transnational phenomenon that affects all societies and economies”.

“We strongly believe that allegations of corruption so far made against

Col. Sambo Dasuki and other public officers have had catastrophic effects

on the lives of over 25,000 Nigerian soldiers and civilians including

children akin to crimes against humanity as contemplated under the Rome

Statute and within the jurisdiction of the Court. 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.”
“Corrupt officials in the government know well that their conduct is

criminal and injurious, and that their ostentatious lives, built on a

radical breach of solemn trust, aggravate their crime against humanity. We

believe that these allegations of widespread and systematic corruption

amount to crimes against humanity and therefore clear violations of the

provisions of the Rome Statute of International Criminal Court. These

allegations have given rise to individual criminal responsibility of those

suspected of perpetrating corruption, as entrenched in the Rome Statute.”

“We therefore submit that this is sufficient to hold Col Dasuki and others

that have been indicted in the arms theft scandal responsible for crimes

against humanity perpetrated against Nigerians. The failure of a former

Finance Minister, Dr Ngozi Okonjo-Iweala to prevent widespread and

systematic corruption including the re-looting of the Abacha loot amounts

to complicity under the Rome Statute, and therefore fits the legal

requirements of a crime against humanity.”
Falana then asked the ICC Prosecutor to:
1.         Urgently commence an investigation proprio motu on the

allegations of the criminal diversion of the security fund of $2.1 billion

and N643 billion earmarked  by suspected perpetrators, with a view to

determining whether these amount to crimes against humanity within

the Court's jurisdiction. In this respect, I also urge you to invite

representatives of the Nigerian government to provide written or oral

testimony at the seat of the Court, so that the Prosecutor is able to

conclude on the basis of 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 bear full responsibility

for deliberate under funding of the armed forces through widespread and

systematic corruption in Nigeria; and
3.         Urge the Nigerian government to fulfil its obligations under

the Rome Statute to cooperate with the ICC; including complying with your

requests to arrest and surrender suspected perpetrators of the    criminal

diversion of security fund, testimony, and provide other support to the

ICC.
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