The International Criminal Court in The Hague is considering the
petition on the allegations of widespread, systematic and
large-scale corruption in the electricity sector since the return
of democracy in 1999 and under the governments of former presidents
Olusegun Obasanjo, Umaru Musa Yar’Adua and Goodluck Jonathan in
Nigeria, anti-corruption advocacy group Socio-Economic Rights and
Accountability Project (SERAP) has confirmed.
In a statement on Wednesday by SERAP, the deputy director of the
organization, Timothy Adewale said that, “SERAP can confirm that
the ICC is now considering our petition. We have received
communication from Mark P. Dillon, Head of Information and Evidence
Unit of the ICC indicating that the court will give due
consideration to our petition.”
According to SERAP, the information is contained in a letter
with reference number OTP-CR-245/17 received by the
organization.
SERAP quoted the letter as reading in part: “This communication has
been duly entered in the Communications Register of the Office. We
will give consideration to this communication, as appropriate, in
accordance with the provisions of the Rome Statute of the
International Criminal Court. As soon as a decision is reached, we
will inform you, in writing, and provide you with reasons for this
decision.”
Adewale added: “SERAP appreciates the prompt attention to this
matter by the ICC. We urge the court to pursue this matter to a
satisfactory conclusion by taking the case forward as required by
the provisions of the Rome Statute, and ensuring a thorough
investigation and prosecution of suspected perpetrators of grand
corruption in the electricity sector in Nigeria.”
It would be recalled that SERAP last week sent a petition to
Mrs. Fatou Bensouda Prosecutor of the ICC, asking her to use her
“good offices and leadership position to investigate whether the
allegations of widespread, systematic and large-scale corruption in
the electricity sector since the return of democracy in 1999 and
under the governments of former presidents Olusegun Obasanjo, Umaru
Musa Yar’Adua and Goodluck Jonathan in Nigeria amount to crimes
against humanity within the jurisdiction of the International
Criminal Court, and to prevail on the Nigerian government to
surrender all suspected perpetrators for trial by the ICC.”
In the petition dated 16 August 2017 and signed by SERAP deputy
director Timothy Adewale the organization said that, “allegations
of corruption in the electricity sector in Nigeria have had
catastrophic effects on the lives of millions of Nigerians, akin to
crimes against humanity as contemplated under the Rome Statue and
within the jurisdiction of the Court.”
According to SERAP, “The Rome Statute in article 7 defines
‘crime against humanity’ to include ‘inhumane acts causing great
suffering or injury,’ committed in a widespread or systematic
manner against a civilian population. The common denominator of
crimes against humanity is that they are grave affronts to human
security and dignity. Therefore, the staggering amounts of public
funds alleged to have been stolen over the years in the electricity
sector create just these consequences. Crimes against humanity are
not only physical violence; allegations of corruption in the
electricity sector hold a comparable gravity, which the Prosecutor
should examine and thoroughly investigate.”
The petition reads in part: “The elements that need to be
established to prove a “crime against humanity “under article
7(1)(k) of the Rome Statute are that, the perpetrator inflicted
great suffering or serious injury by means of an inhumane act; that
the perpetrator was aware of the circumstances, and that the act
was committed within a widespread or systematic attack on a
civilian population; and that the perpetrator knew of that
link.”
“The consequences of allegations of corruption in the
electricity sector are similar to those of the offences in article
7(1). Corrupt officials and corrupt contractors in the electricity
sector know well that their conduct is criminal and injurious, and
the denial of human dignity coupled with a radical breach of solemn
trust, aggravate their alleged crime.”
“SERAP considers these allegations of widespread and systematic
corruption in the electricity sector as amounting to crimes against
humanity and therefore clear violations of the provisions of the
Rome Statute of International Criminal Court. SERAP believes that
these allegations have given rise to individual criminal
responsibility of those suspected of perpetrating corruption in the
electricity sector, as entrenched in the Rome Statute of the
International Criminal Court.”
“SERAP considers the apparent failure of successive governments
and high-ranking government officials to prevent widespread and
systematic corruption in the electricity sector as amounting to
complicity under the Rome Statute. SERAP therefore believes that
the widespread and systemic nature of large scale corruption in the
electricity sector fits the legal requirements of a crime against
humanity.”
“The 2006 Commonwealth working group on asset repatriation
specifically refers to corruption including in the electricity
sector being defined as an international crime. SERAP believes an
international investigation by the ICC would complement the
anticorruption initiatives by the current government and contribute
to ending a culture of impunity of perpetrators.”
“SERAP believes that substantial grounds exist to warrant the
intervention of the Prosecutor in this case. Pursuant to the Rome
Statute, the Prosecutor has power to intervene in a situation under
the jurisdiction of the Court if the Security Council or states
parties refer a situation or if information is provided from other
sources such as the information SERAP is providing in this
case.”
“SERAP is seriously concerned that the instances of corruption
highlighted above and details of which are contained in the
enclosed From Darkness to Darkness report are not isolated events,
but illustrate the widespread and systematic nature of large scale
corruption in the electricity sector under the governments of
former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua and
Goodluck Jonathan. This level of corruption has limited access to
and affordability of electricity in Nigeria.”
“Widespread, systemic and large-scale corruption in the
electricity sector and the lack of transparency and accountability
in the use of public funds to support the operations of Discos have
resulted in regular blackouts and disproportionately affected the
most disadvantaged and vulnerable sectors of the population who
cannot readily afford expensive generators in order to have a
reliable power supply. The situation is not likely to improve
considering that the production of electricity is not proportionate
with the rapidly growing population.”
“The African Commission on Human and People’s Rights has
adjudged the failure of the States “to provide basic services such
as (…) electricity” as violating the right to health.” SERAP argues
that Nigeria is bound to make full use of the resources available
to ensure regular and uninterrupted supply of electricity, even in
times of resource constraints. Under international law, vulnerable
members of the society must be protected by the adoption of
relatively low-cost targeted programmes even in times of severe
resources constraints.”
“SERAP also notes that allegations of corruption in the energy
sector have resulted in the epileptic and interrupted supply of
electricity and corresponding deprivation and denial of the
citizens’ access to quality healthcare, adequate food, shelter,
clothing, water, sanitation, medical care, schooling, and access to
information.”
“SERAP notes that lack of access to uninterrupted
energy/electricity services has forced many citizens to use and
collect frequently contaminated surface water for drinking and
household uses; and denied the citizens the ability and services
for boiling, purifying, disinfecting, and storing water, as well as
for irrigation to increase the productivity of lands, thereby
decreasing the availability of food supplies and undermining
employment opportunities.”
The International Criminal Court in The Hague is considering the
petition on the allegations of widespread, systematic and
large-scale corruption in the electricity sector since the return
of democracy in 1999 and under the governments of former presidents
Olusegun Obasanjo, Umaru Musa Yar’Adua and Goodluck Jonathan in
Nigeria, anti-corruption advocacy group Socio-Economic Rights and
Accountability Project (SERAP) has confirmed.
In a statement on Wednesday by SERAP, the deputy director of the
organization, Timothy Adewale said that, “SERAP can confirm that
the ICC is now considering our petition. We have received
communication from Mark P. Dillon, Head of Information and Evidence
Unit of the ICC indicating that the court will give due
consideration to our petition.”
According to SERAP, the information is contained in a letter
with reference number OTP-CR-245/17 received by the
organization.
SERAP quoted the letter as reading in part: “This communication has
been duly entered in the Communications Register of the Office. We
will give consideration to this communication, as appropriate, in
accordance with the provisions of the Rome Statute of the
International Criminal Court. As soon as a decision is reached, we
will inform you, in writing, and provide you with reasons for this
decision.”
Adewale added: “SERAP appreciates the prompt attention to this
matter by the ICC. We urge the court to pursue this matter to a
satisfactory conclusion by taking the case forward as required by
the provisions of the Rome Statute, and ensuring a thorough
investigation and prosecution of suspected perpetrators of grand
corruption in the electricity sector in Nigeria.”
It would be recalled that SERAP last week sent a petition to
Mrs. Fatou Bensouda Prosecutor of the ICC, asking her to use her
“good offices and leadership position to investigate whether the
allegations of widespread, systematic and large-scale corruption in
the electricity sector since the return of democracy in 1999 and
under the governments of former presidents Olusegun Obasanjo, Umaru
Musa Yar’Adua and Goodluck Jonathan in Nigeria amount to crimes
against humanity within the jurisdiction of the International
Criminal Court, and to prevail on the Nigerian government to
surrender all suspected perpetrators for trial by the ICC.”
In the petition dated 16 August 2017 and signed by SERAP deputy
director Timothy Adewale the organization said that, “allegations
of corruption in the electricity sector in Nigeria have had
catastrophic effects on the lives of millions of Nigerians, akin to
crimes against humanity as contemplated under the Rome Statue and
within the jurisdiction of the Court.”
According to SERAP, “The Rome Statute in article 7 defines
‘crime against humanity’ to include ‘inhumane acts causing great
suffering or injury,’ committed in a widespread or systematic
manner against a civilian population. The common denominator of
crimes against humanity is that they are grave affronts to human
security and dignity. Therefore, the staggering amounts of public
funds alleged to have been stolen over the years in the electricity
sector create just these consequences. Crimes against humanity are
not only physical violence; allegations of corruption in the
electricity sector hold a comparable gravity, which the Prosecutor
should examine and thoroughly investigate.”
The petition reads in part: “The elements that need to be
established to prove a “crime against humanity “under article
7(1)(k) of the Rome Statute are that, the perpetrator inflicted
great suffering or serious injury by means of an inhumane act; that
the perpetrator was aware of the circumstances, and that the act
was committed within a widespread or systematic attack on a
civilian population; and that the perpetrator knew of that
link.”
“The consequences of allegations of corruption in the
electricity sector are similar to those of the offences in article
7(1). Corrupt officials and corrupt contractors in the electricity
sector know well that their conduct is criminal and injurious, and
the denial of human dignity coupled with a radical breach of solemn
trust, aggravate their alleged crime.”
“SERAP considers these allegations of widespread and systematic
corruption in the electricity sector as amounting to crimes against
humanity and therefore clear violations of the provisions of the
Rome Statute of International Criminal Court. SERAP believes that
these allegations have given rise to individual criminal
responsibility of those suspected of perpetrating corruption in the
electricity sector, as entrenched in the Rome Statute of the
International Criminal Court.”
“SERAP considers the apparent failure of successive governments
and high-ranking government officials to prevent widespread and
systematic corruption in the electricity sector as amounting to
complicity under the Rome Statute. SERAP therefore believes that
the widespread and systemic nature of large scale corruption in the
electricity sector fits the legal requirements of a crime against
humanity.”
“The 2006 Commonwealth working group on asset repatriation
specifically refers to corruption including in the electricity
sector being defined as an international crime. SERAP believes an
international investigation by the ICC would complement the
anticorruption initiatives by the current government and contribute
to ending a culture of impunity of perpetrators.”
“SERAP believes that substantial grounds exist to warrant the
intervention of the Prosecutor in this case. Pursuant to the Rome
Statute, the Prosecutor has power to intervene in a situation under
the jurisdiction of the Court if the Security Council or states
parties refer a situation or if information is provided from other
sources such as the information SERAP is providing in this
case.”
“SERAP is seriously concerned that the instances of corruption
highlighted above and details of which are contained in the
enclosed From Darkness to Darkness report are not isolated events,
but illustrate the widespread and systematic nature of large scale
corruption in the electricity sector under the governments of
former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua and
Goodluck Jonathan. This level of corruption has limited access to
and affordability of electricity in Nigeria.”
“Widespread, systemic and large-scale corruption in the
electricity sector and the lack of transparency and accountability
in the use of public funds to support the operations of Discos have
resulted in regular blackouts and disproportionately affected the
most disadvantaged and vulnerable sectors of the population who
cannot readily afford expensive generators in order to have a
reliable power supply. The situation is not likely to improve
considering that the production of electricity is not proportionate
with the rapidly growing population.”
“The African Commission on Human and People’s Rights has
adjudged the failure of the States “to provide basic services such
as (…) electricity” as violating the right to health.” SERAP argues
that Nigeria is bound to make full use of the resources available
to ensure regular and uninterrupted supply of electricity, even in
times of resource constraints. Under international law, vulnerable
members of the society must be protected by the adoption of
relatively low-cost targeted programmes even in times of severe
resources constraints.”
“SERAP also notes that allegations of corruption in the energy
sector have resulted in the epileptic and interrupted supply of
electricity and corresponding deprivation and denial of the
citizens’ access to quality healthcare, adequate food, shelter,
clothing, water, sanitation, medical care, schooling, and access to
information.”
“SERAP notes that lack of access to uninterrupted
energy/electricity services has forced many citizens to use and
collect frequently contaminated surface water for drinking and
household uses; and denied the citizens the ability and services
for boiling, purifying, disinfecting, and storing water, as well as
for irrigation to increase the productivity of lands, thereby
decreasing the availability of food supplies and undermining
employment opportunities.”
Read more https://nairalaw.com/n11tn-electricity-scam-icc-hears-seraps-petition-against-obasanjo-jonathan/