Nigeria under fire for hosting al-Bashir

•Govt: he’s AU’s guest

THERE was outrage yesterday over
Sudanese President Omar Al-Bashir’s
presence in Nigeria. al-Bashir is wanted
by the International Criminal Court (ICC)
at The Hague is in Abuja attending the
Africa Union (AU) summit on HIV/AIDS.
International and local organisations are
calling on the Federal Government to
arrest him in Abuja.
The United Kingdom (UK) also berated
the Federal Government for hosting him.
But the government has said it will not
order al-Bashir’s arrest because he is a
guest of the AU and not that of the
government.
The UK Foreign Office Minister for Africa
Mark Simmonds, expressed
disappointment that Nigeria chose to
allow al-Bashir to attend the summit.
The Nigeria Coalition on the International
Criminal Court (NCICC) has filed a suit at
the Federal High Court in Abuja to seek
arrest warrant against al-Bashir.
Mark Simmonds said: “The UK has a
strong and abiding bilateral relationship
with Nigeria. I am therefore disappointed
that Nigeria has chosen to host President
al-Bashir of Sudan at an African Union
event, despite International Criminal
Court (ICC) arrest warrants against him
for alleged war crimes, crimes against
humanity and genocide.
“This undermines the work of the ICC and
sends the victims a dismaying message
that the accountability they are waiting
for will be delayed further.
“The British Government takes seriously
its obligations as a State Party to the
Rome Statute and consistently urges
other State Parties in all parts of the
world to do the same.”
The NCICC called for al-Bashir’s
“immediate arrest and surrender to the
trial chambers of the International
Criminal Court in The Hague for atrocity
crimes in Darfur with which he is
charged.”
The coalition made the demands in a
statement in Abuja by its Steering
committee Chairman Chino Obiagwu; Vice
Chair Dr Abiola Akiyode and Treasurer
Mrs. Oby Nwankwo.
“The judiciary in this country has the
responsibility to implement legal
obligations created by treaties
undertaken by Nigeria. As a state party to
the Rome statute of the ICC, Nigeria is
under legal obligation to execute within
its national jurisdiction the arrest
warrants issued by the trial chamber of
the ICC against Mr. al-Bashir while in its
national territory.
“It is not an excuse that African Union is
calling its members not to cooperate with
the ICC. The obligation of State Parties to
the ICC, who have ratified the treaty, is
stronger and legally binding than mere
resolution of the African Union. Moreso, a
Nigerian judge is in the chambers of the
ICC.
The Socio-Economic Rights and
Accountability Project (SERAP) has sent
urgent request to the Prosecutor of the
International Criminal Court, Ms Fatou
Bensouda, requesting her to “use your
good offices and position to urgently refer
the Nigerian government to the UN
Security Council for failing to arrest
President Omar Al-Bashir and surrender
him to the International Criminal Court to
face fair trial on the charges against him.”
In the petition dated 15 July 2013 and
signed by Solicitor to SERAP Femi Falana,
SAN, the organisation stated: “Nigeria is a
state party to the Rome Statute of the
International Criminal Court, having
ratified the Statute in September 2001.
Under Article 87, the ICC Prosecutor can
refer a state party that refuses to
cooperate with a request from the ICC to
the Assembly of States Parties or, where
the Security Council referred the matter
to the Court as in this case, to the
Security Council.”
The organization said: “President Omar
Al-Bashir is currently in Abuja attending a
conference. SERAP notes that the
International Criminal Court already
issued two arrest warrants for Omar Al-
Bashir for genocide, crimes against
humanity and war crimes in Darfur. The
warrants, issued in 2009 and 2010, charge
him with criminal responsibility on 10
counts, including murder, extermination,
forcible transfer of population, torture and
rape.”
But Minister of Foreign Affairs, Amb.
Olugbenga Ashiru, yesterday said al-
Bashir is in Nigeria at the instance of the
AU.
He said Nigeria has no choice than to
remain committed to the decision of the
AU.
Ashiru, who spoke with our
correspondent from Brazil, said:
“Remember AU in 2009 passed a
resolution not to cooperate with the ICC
on indictment of President Al Bashir.
“He is therefore not in Nigeria at our
instance. Nigeria’s commitment to AU
remains firm.”
The 2009 Resolution of the AU reads:
“[The AU] decides that in view of the fact
that a request of the African Union [to
defer al-Bashir’s indictment] has never
been acted upon, the AU member states
shall not co-operate pursuant to the
provisions of Article 98 of the Rome
Statute of the ICC relating to immunities
for the arrest and surrender of Sudanese
President Omar al-Bashir to the ICC.”