The Socio-Economic Rights and Accountability Project (SERAP) has asked the International Criminal Court (ICC) to “promptly seek authorisation from the ICC Chamber to commence an investigation into the situation in Nigeria in relation to the growing cases of pre-election violence.”
In a statement issued on Sunday, Kolawole Oluwadare, SERAP’s deputy director, warned that if cases of pre-election violence were not addressed, they could escalate and lead to post-election violence in the country.
The rights group wrote a petition dated February 11 and sent to the ICC Prosecutor, Mr Karim Khan.
It urged Khan to “urgently send the ICC legal team to Nigeria to promote free and fair elections in the country, and gather potential proof of election-related violence before, during and after the general elections.”
The petition followed reports of election-related violence in several states including Lagos, Rivers, and Kaduna states. Over 4,000 cases of violent attacks and 11,000 fatalities were reported across the country between 1 January 2022 and 3 February 2023 alone.
“These cases reflect the gravest election-related crimes in several states ahead of the general elections,” the group said.
“Based on these cases and other similar cases and trends of election violence, we believe that opening an investigation into the situation in Nigeria will be in the interests of justice.”
“SERAP urges you to seek authorisation from the ICC Chamber to commence an investigation into the situation in Nigeria in relation to election-related violence that may be committed during and after the elections scheduled for February and March 2023.
SERAP also urges you to identify the suspected perpetrators of election-related violence and those individuals who bear the greatest responsibility for encouraging or facilitating these crimes, and to ensure their effective prosecution by the ICC.
“These are not isolated acts, but part of growing cases of election violence, thus constituting crimes against humanity.”
According to SERAP, 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 group stated that the ICC Prosecutor has consistently relied on the provisions of Article 15 of the Rome Statute and Regulation 49 of the ICC to investigate cases of election-related violence in other countries, including Cote d’Ivoire and Kenya.”
It added, “The requested investigation is neither frivolous nor politically motivated. Cases of election-related violence are rarely investigated by the Nigerian authorities. Nigerian authorities are unwilling or unable genuinely to carry out the investigation or prosecution.”
“As a result, suspected perpetrators and those who encourage or facilitate their 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 interests of victims.”