An
Abuja Federal High Court was on Monday asked to order the Federal
Government to arrest and surrender to the International Criminal Court,
Sudanese President, Omar Al-Bashir.
This came as the United Kingdom expressed disappointment in Nigeria for hosting the Sudanese President.
Al-Bashir is in Nigeria to attend an African Union conference on HIV/AIDS.
The Sudanese President reportedly
arrived at the Nnamdi Azikiwe International Airport, Abuja, on Sunday,
where the Minister of Police Affairs, Caleb Olubolade, received him on
behalf of President Goodluck Jonathan.
Minister of Police Affairs, Navy Capt Caleb Olubolade (retd.)
| credits: File copy
| credits: File copy
Barely 24 hours after his arrival, a
coalition of Non-Governmental Organisations – the Nigerian Coalition for
the International Criminal Court, Legal Defence and Assistant Project
and Women Advocate Research and Documentation Centre – approached the
court to compel the Federal Government to enforce the ICC warrant for
Al-Bashir’s arrest.
The ICC issued the warrants on March 4,
2009 and July 12, 2010, after indicting him for crime against humanity
in the Darfur crisis.
The Federal Government was listed as defendant in the suit dated July 15, 2013, and filed on the same date.
Nigeria has a legal obligation under
Article 89 of the Rome Statute of the ICC and Article 26 of the Vienna
Convention on the Laws of Treaties to arrest and surrender Al-Bashir to
the ICC.
The plaintiffs, in the motion filed by
their counsel, Chino Obiagwu, Mrs. Obiageli Nwankwo and Dr. Abiola
Akiyode, prayed the court to arrest Al-Bashir immediately.
Stating the grounds upon which they
sought the orders, the plaintiffs averred that the ICC had on March 4,
2009, and again on July 12, 2010, indicted Al-Bashir for various crimes
against humanity.
However, efforts by the plaintiffs to
get the court to hear the originating summons were not successful
because the Abuja FHC commenced its annual break on Monday.
Meanwhile, the UK Foreign Office
Minister for Africa, Mark Simmonds, in a statement made available on
Monday by the Political and Press Officer of the British High Commission
in Abuja, Robert Fitzpatrick, said the UK was not happy with Nigeria
for hosting Al-Bashir.
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 arrest
warrants against him for alleged war crimes 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.”
But Nigeria’s Foreign Affairs Minister
Olugbenga Ashiru on Monday said the country shunned the ICC directive on
Al-Bashir because of AU position on the issue.
Ashiru, who is in Brazil for a meeting,
said, “Sudan’s President is in Nigeria at the invitation of AU for the
HIV and AIDS Malaria Summit.
“Remember the AU in 2009 passed a resolution not to cooperate with the ICC on the indictment of Al-Bashir.
“However, he is not in Nigeria at our instance as Nigeria’s commitment to the AU remains firm.”
Also, Human Rights Watch International
Justice Programme Director, Elsie Keppler, criticised Nigeria for being
the country to welcome the ICC fugitive.
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