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ICC Moves To Investigate Abduction Of School Children

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The prosecutor of the International Criminal Court (ICC) is set to seek authorisation from the Pre-Trial Chamber of the court to open an investigation into cases of abduction of school children in several parts of Northern Nigeria, closure of schools, and the persistent failure of Nigerian authorities at both the federal and state levels to end the abduction.
The ICC prosecutor’s decision followed a petition by the Socio-Economic Rights and Accountability Project (SERAP).
This development was disclosed, yesterday, in a statement by SERAP Deputy Director, Kolawole Oluwadare.
SERAP had in the petition dated September 4, 2021, urged the ICC Prosecutor, Mr Karim A. A. Khan, QC, to “push for those suspected to be responsible and complicit in the commission of these serious crimes, to be invited and tried by the ICC.”
In the petition, SERAP argued that, “The severe and lifelong harms that result from depriving children the right to education satisfy the gravity of harm threshold under the Rome Statute.”
Responding, the ICC prosecutor in a letter with reference number OTP-CR-363/21, and dated October 22, 2021, confirmed to SERAP that “the criteria for opening an investigation into a string of abductions and closure of schools in some parts of Nigeria have been met.”
The letter signed on the prosecutor’s behalf by the Head of the Information and Evidence Unit, Mark P. Dillon, read in part: “On behalf of the prosecutor, I thank you for your communication received on 13/09/2021, as well as any subsequent related information.
“The preliminary examination of the petition is considered complete. Under Article 53 of the Rome Statute, the next step in the judicial process is for the Prosecutor’s Office to prepare and submit a request to the Pre-Trial Chamber for authorisation to open an investigation on Nigeria.
“Once submitted, the request will be made publicly available on the court’s website: www.icccpi.int.
“Your communication will be forwarded to the relevant team to be analysed, together with other related communications and other available information, in the context of any future investigations. We thank you for your interest in the ICC.”
SERAP Deputy Director, Kolawole Oluwadare said: “By this decision, the ICC prosecutor has taken a significant step toward ensuring that those suspected to be responsible for grave crimes against Nigerian schoolchildren are exposed, and held to account.
“The victims of these crimes deserve justice. Impartial justice and reparation will deal a decisive blow to impunity of perpetrators, and improve access of Nigerian children to education. SERAP will work closely with the ICC to achieve these important objectives.”
SERAP’s petition to the ICC prosecutor, read in part: “Senior government officials know well or ought to know that their failure to prevent these crimes will violate the children’s human rights and dignity.
“The absence of any tangible and relevant investigation or prosecution in Nigeria suggests that the authorities are unwilling or unable to carry out genuine investigation or prosecution of those suspected to be responsible for and complicit in the abduction of students.
“The consequences of persistent abductions of students, closure of schools, and the failure to provide safe and enabling learning environments despite federal and state authorities yearly budgeting some N241.2billion of public funds as ‘security votes’, are similar to those of the offences in article 7(1).
“More than 10,000 schools have been reportedly closed in at least seven northern states over the fear of attack and abduction of pupils and members of staff. The states are Sokoto, Zamfara, Kaduna, Kano, Katsina, Niger and Yobe.
“Among the string of abductions in Zamfara was the abduction of over 200 schoolgirls in the town of Jangebe in February. The latest abduction comes after widespread reports of abduction of students and closure of schools in many states of Nigeria, including in North-Central Niger State where some 91 school children were abducted.
“An estimated 1.3million Nigerian children have been affected by frequent raids on schools by suspected terrorists. Some 13million Nigerian children are out of school nationwide. According to the United Nations Children’s Fund (UNICEF), more than 1,000 students have been abducted from schools in northern Nigeria since December 2020.
“Families and parents have reportedly resulted to paying the terrorists thousands of dollars as ransom to secure the release of their children. An estimated $18.34million was reportedly paid in ransoms between June, 2011 and the end of March, 2020.
“Nigerian authorities have also failed and/or neglected to satisfactorily address the abduction of 276 schoolgirls from Chibok in 2014, which prompted the #BringBackOurGirls campaign. According to reports, more than 100 of those girls are still missing.”
Nigeria is a state party to the Rome Statute and deposited its instrument of ratification on September 27, 2001, thus giving the court jurisdiction over crimes of genocide, crimes against humanity, and war crimes committed on its territory or by its nationals.
The ICC prosecutor decided to seek an investigation after undertaking a preliminary examination of the cases of abduction of children in the country.
A three-member panel of ICC pre-trial judges will consider whether to grant the prosecutor’s request, once it is submitted, to let the ICC step in as a court of last resort.
Judges will rely on the materials submitted by the prosecution to determine whether there is a “reasonable basis” to proceed.
Victims and their families may also make their views known to the pre-trial chamber.
If the investigation identifies suspected perpetrators of the crimes alleged in SERAP’s petition, prosecutors can ask judges to issue international arrest warrants, which can remain under seal to help authorities apprehend those charged.
As an international court of last resort, the ICC is mandated to bring to justice people suspected to be responsible for war crimes, crimes against humanity, and genocide when national courts are unable or unwilling to do so.

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Bonny-Bodo Road: FG Offers Additional N20bn, Targets December Deadline

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The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.

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Court Vacates Arrest Warrant Against Ehie, Five Others

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The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.

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13 Students Bag First Class, 182 PhD As IAUOE Graduates 5,550, Today

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The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.

Akujobi Amadi

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