Election Violence: SERAP
Election Violence: SERAP writes Buhari, Seeks Referral
of Cases to ICC
Socio-Economic Rights and Accountability Project, (SERAP) has
sent an open letter to President Muhammadu Buhari urging him to
“immediately refer to the International Criminal Court (ICC)
pursuant to article 13 of the Rome Statute to which Nigeria is a
state party, all allegations of election-related violence,
intimidation and killings between 1999 and 2019 for investigation
and prosecution.”
The organization said: “It is important to do this to send a
powerful message that election-related violence, intimidation and
killings will not be tolerated under your watch.”
In the letter dated 25 February 2019 and signed by SERAP deputy
director Kolawole Oluwadare, the organization said: “Referral of
the cases of election-related violence, intimidation and killings
to the ICC would serve as a deterrent and ensure that Nigerians,
particularly victims in the states that have repeatedly witnessed
violence and whose human rights have been violated are not denied
justice and effective remedies.”
According to the organization, “The violence, intimidation and
killings in some states around the just concluded general elections
suggest that the electoral law and criminal law have over the years
not been adequately enforced, and deterrence, through criminal
sanctions, is failing. Electoral violence – a species of political
violence – is not only a criminal act but crimes under
international law, given its widespread and systematic nature over
many years.”
The letter read in part: “Apart from undermining the integrity
of elections and the democratic process, the repeated failure of
successive governments to punish electoral violence has created a
culture of impunity among politicians who persistently recruit and
arm thugs to intimidate and kill political opponents, and citizens
who are simply exercising their rights to participate in their own
government.”
“The election-related violence, intimidation and killings since
1999 also amount to a crime against deliberation and dialogue;
against participation and peaceful means of settling disputes, and
a blatant violation of the rights to life; bodily integrity;
liberty; freedom of opinion, expression and association; to vote
and freely choose elected representatives; property; and to not
live in fear.”
“Persistent violence, intimidation and other human rights
violations around elections undermine the free expression of the
will of voters and diminish the opportunity of citizens to hold
their representatives to account through the electoral process for
their exercise of power and spending of Nigeria’s
commonwealth.”
“Successive governments have failed abysmally to take positive
measures to ensure ballot box security and prevent violence,
intimidation and other serious violations of human rights for many
years, invariably undermining the authority, independence, and
efficacy of the Independent National Electoral Commission (INEC) a
body created to ensure free and fair elections as well as
obstructing and distorting citizens’ right to freely exercising
their right to vote and citizenship.”
“SERAP is concerned about reports of violence, intimidation and
killings in many states of the country including Bayelsa, Borno,
Rivers, Lagos, and Oyo states. At least 30 people have been
reportedly killed and several injured during the just concluded
presidential and legislative polls. Like previous elections since
the return of democracy in 1999, the 2019 general elections of
February 23, 2019 have witnessed violence, intimidation and
killings in several states.”
“SERAP therefore urges you to move swiftly to implement these
proposed recommendations as a way of demonstrating your
government’s commitment to end the culture and legacy of
election-related violence, intimidation and killings in the
country, ensure prosecution of suspected perpetrators and justice
for victims as well as ensure the safety and security of Nigerian
voters, observers and other people in subsequent elections.”
“We also urge you to consider setting up a complementary
national mechanism in the form of a commission of inquiry to
investigate election-related violence, intimidation and killings
between 1999 and 2019 in order to gather evidence relating to
allegations of serious violations of human rights and crimes under
international law and ensure the effective prosecution of
politicians and others responsible for arming political thugs to
commit these atrocities.”
“Citizens are entitled to the internationally recognized right
to a free and fair election, expressed in the principles of the
International Covenant on Civil and Political Rights and the
African Charter on Human and Peoples’ to which Nigeria is a state
party. The African Charter has been domesticated as part of our
domestic laws.”
“Establishing a commission of inquiry to investigate
election-related violence, intimidation and killings since 29 May
1999 would help Nigerians to know exactly those behind these
egregious violations of human rights and to bring suspected
perpetrators and their sponsors to justice as well as contribute to
preventing and deterring such incidents in future elections.”
“The proposed commission should be led by a retired justice of
the Court of Appeal or the Supreme Court of Nigeria. The activities
of the commission must be open to the public and all the governors
of states that have repeatedly witnessed election-related violence,
intimidation and killings should be summoned to give a public
account of the number of abuses that have been recorded in their
states over the years.”
“The commission should make recommendations including on the
prosecution of those found to have perpetrated directly or
indirectly or are complicit in committing these criminal acts and
serious violations of human rights.”
“SERAP also notes that Nigeria is a key member of the Economic
Community of West African States (ECOWAS), which has
“accountability, economic and social justice and popular
participation in development” as part of the fundamental principles
contained in its Revised Treaty. In a similar way, Nigeria is a
state party to the UN Convention against Corruption. Article 1(c)
of the Convention states the purpose of the treaty as including:
‘To promote integrity, accountability and proper management of
public affairs and public property.’”
Kolawole Oluwadare
SERAP Deputy Director