SERAP wants ICC to Probe Pre-election Violence

Socio-Economic Rights and Accountability Project (SERAP) has urged the International Criminal Court (ICC) to launch investigation into Nigeria’s pre-election violence.

According to the body, if the situation is not addressed, it might lead to post-election aggression.

The petition, dated February 11, was sent to the Prosecutor, Karim Khan (QC).

The group urged the ICC official to urgently send a legal team to Nigeria to promote free and fair elections and collate potential proofs of election-related violence before, during and after the general elections.

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The request followed reports of hostilities in several states, including Lagos, Rivers and Kaduna. Over 4,000 cases of violent attacks and 11,000 fatalities were reported across the federation between January 1, 2022 and February 3, 2023 alone.

In the petition signed by deputy director, Kolawole Oluwadare, SERAP said: “These cases reflect the gravest election-related crimes in several states ahead of the general elections.

“Based on these cases and other similar ones and trends of election violence, we believe that opening an investigation into the situation in Nigeria will be in the interest of justice.”

It urged Khan to identify suspected perpetrators and individuals, who bear greatest responsibility for encouraging or facilitating the crimes and ensure their prosecution.

According to the organisation, the incidents are not isolated acts, but part of growing cases of election violence, thus constituting crimes against humanity.

SERAP went on: “Seeking authorisation from the ICC Chamber to commence an investigation in relation to election-related violence that may be committed after the general elections is consistent with Article 53(1)(a) of the Rome Statute, which allows investigation into a crime which has been or is being committed.

“The requested investigation is neither frivolous nor politically motivated. Cases of election-related violence are rarely investigated by the Nigerian authorities. They are unwilling or unable genuinely to carry out the investigation or prosecution.”

“As a result, suspected perpetrators and those who encourage or facilitate the crimes continue to enjoy impunity. Victims continue to be denied access to justice and effective remedies.

“The escalating cases of election-related violence in Nigeria meet the requirements of the Rome Statute and provide reasonable basis for you to promptly commence an investigation, particularly given the gravity of these cases and the interest of victims.

“The test of ‘reasonable basis to believe’ is the lowest evidential standard provided by the Rome Statute. Thus, the information available to the Prosecutor to make a request for investigation is not expected to be ‘comprehensive’ or ‘conclusive.’

“The incidents of election-related violence strike at integrity of the democratic process in the country and undermine rights of Nigerians to participate in their own government.”