A Federal High Court, Lagos on Wednesday, August 16, 2017 heard the N300 million fundamental rights enforcement suit filed by suspected kidnap kingpin, Chukwudumeme Onwuamadike, also known as Evans.

Justice Abdulaziz Anka, in a ruling, dismissed the objection filed by the police against the hearing of the application on the grounds that the Inspector-General of Police and the Nigeria Police Force were served with court papers in Lagos rather than in Abuja.

Justice Anka upheld the argument by Evans’ counsel, Mr. Olukoya Ogungbeje, that,by virtue of Order 5 Rule 2 of the Fundamental Rights Procedure Rules 2009, the IG and the NPF were rightly served through their agents at Alagbon in Lagos.

The court also agreed with Ogungbeje that Mr. Emmanuel Eze, who appeared for the 3rd and 4th respondents in the case, had no right to speak for the IG and the NPF, which were joined in the suit as the 1st and 2nd respondents respectively.

The judge agreed that the coast was clear for the hearing of the suit on Wednesday, as there was proof of service on the IG and the NPF, which was exhibited before the court.

Eze’s bid to get an adjournment so as to go and prepare well for the hearing of the case also failed as Justice Anka held that the counsel has had enough time to prepare since June when the case was filed.

Arguing his client’s case, Ogungbeje insisted that the police had violated Evans’ rights by detaining him since June 10, 2017, without charging him to court.

Ogungbeje contended that the continued detention of Evans without a court order was unlawful and a violation of the suspect’s rights under sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.

He urged the court to compel the police to charge Evans to court immediately or to release him and let him go if they were not ready to bring him to court and arraign him.

But, opposing him, Eze, who appeared for the Commissioner of Police, Lagos State and the Special Anti-Robbery Squad, insisted that Evans’ rights were not being violated, because, according to him, Section 35(7) of the Constitution gave the police power to detain a suspected capital offender without any court order.

Besides, he argued that the offences allegedly committed by Evans were grievous and as such his fundamental rights were not absolute.

Eze said it would be premature for the police to either charge Evans to court for now or release him because the suspect was helping the police in investigations towards tracking down his gang members.

He said it would be dangerous to release Evans into the society.

Mr. Henry Obasi, who subsequently announced appearance for the IG and the NPF, pursued the same line of argument and urged Justice Anka to dismiss Evans’ suit.

But Ogungbeje urged the judge to discountenance the submission by Obasi, saying he did not file any court paper on behalf of the IG and the NPF.

Justice Anka adjourned till Tuesday, August 29, 2017, for judgment after listening to arguments from all parties.

By Chinyere Obia

The Socio-Economic Rights and Accountability Project (SERAP) has asked Mrs. Fatou Bensouda, Prosecutor, International Criminal Court (ICC), 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.”

Nigeria is a state party to the Rome Statute and deposited its instrument of ratification on 27 September 2001. In the petition dated Wednesday, August 16, 2017 and signed by SERAP deputy director, Timothy Adewale, the organisation said: “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.”

SERAP therefore asked Ms Bensouda to:

• Urgently commence an investigation proprio motu on the allegations of widespread and systematic corruption in the electricity sector since the return of democracy in 1999, with a view to determining whether these amount to crimes against humanity within the Court’s jurisdiction. In this respect, she is urged to invite representatives of the Nigerian government to provide written or oral testimony at the seat of the Court, so that the Prosecutor is able to conclude since available information whether there is a reasonable basis for an investigation, and to submit a request to the Pre-Trial Chamber for authorisation of an investigation;
• Bring to justice those suspected to be responsible for widespread and systematic corruption in the electricity sector in Nigeria;
• Urge the Nigerian government to fulfil its obligations under the Rome Statute to cooperate with the ICC; including complying with your requests to arrest and surrender suspected perpetrators of widespread and systematic corruption, testimony, and provide other support to the ICC.