•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.”
The Nation
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