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.

The police on Tuesday, August 15, 2017 prayed the Federal High Court, Lagos to compel Mr. Olukoya Ogungbeje, counsel to suspected kidnap kingpin, Chukwudumeme Onwuamadike also known as Evans, to pay a punitive cost of N300,000.

The Police want the lawyer to pay the cost for alleged wrongful service.

Evans, through Ogungbeje, had filed N300 million fundamental rights enforcement suit against the Inspector-General of Police (IGP), alleging wrongful detention.

Joined as respondents in the suit are the Nigerian Police Force (NPF), Commissioner of Police (COP) Lagos State and the Lagos State Anti-Robbery Squad (SARS) as second, third and fourth respondents respectively.

The suit was stalled before Justice Abdulaziz Anka  on July 20, following Ogungbeje’s failure to comply with a July 13order to pay the police N20,000 as costs.

However, at the commencement of proceedings yesterday, Ogungbeje informed Justice Anka that the cost was paid on August 10.

He said he had complied with the court’s order to serve the respondents and that the matter was ripe for hearing.

But counsel to the COP and SARS, Emmanuel Eze, opposed him.

Eze argued that Ogungbeje failed to serve IGP and NPF in Abuja as directed by the judge.

He said: “It is not true that the matter is ripe for hearing. This is a fundamental rights enforcement suit brought by the applicant.

“He has not got the leave of court for the matter to be heard during vacation. That is the condition precedent to hearing any matter during vacation.”

Relying on Section 215 of the Constitution and Order 5 Rule 8 of the Fundamental Rights Enforcement Procedure Rules 2009, Eze argued further that the COP Lagos State and the IGP were distinct personalities.

Ogungbeje, he stated, had only served the COP at Alagbon in Lagos but had yet to serve the IGP in Abuja.

He said: “Our submission is that he has not taken steps to clothe this court with jurisdiction to hear this case. Since Ogungbeje has refused to do the right thing, we are asking the court for costs of N300,000.”

In response, Ogungbeje maintained that the IGP and NPF were served on June 29 at the addresses contained on the originating motion and that the proof of service was in the court’s file.

He said: “Order 5 Rule 2 of the Fundamental Rights Enforcement Procedure Rules has made it clear that service on the respondents’ agents will amount to personal service on respondents.”

He argued that since Eze announced appearance for only the third and fourth respondents, he had no locus to speak for the IGP and The Police.

“He had no mouth to speak for the first and second respondents when there is proof of service.

“Lastly, this proceeding is sui generis (unique). As we speak, the applicant (Evans) is still in detention.”

He urged the court to discountenance Eze’s application for N300, 000 costs.

Justice Anka adjourned till Wednesday for ruling.

By Chinyere Obia

The Minister of Budget and National Planning, Senator Udoma Udo Udoma, has congratulated Dotun Oladipo on his election as the new President of the Guild of Corporate Online Publishers (GOCOP).

Oladipo was elected during the association’s election held on August 9, 2017 in Lagos. ‎

Senator Udoma’s message was conveyed through a letter addressed to Oladipo.

The letter, dated August 14, 2017 and signed by Akpandem James, the Special Adviser to the Minister, said: “It is with great delight that I convey the Honourable Minister of Budget and National Planning, Senator Udoma  Udo Udoma’s  felicitation to  you and your team for emerging successful at the Guild’s election held on Wednesday last week ahead of  your very successful Annual General Conference in Lagos on Thursday.

“The Minister particularly notes your untiring efforts at building the Guild and was not at all surprised that members confidently elected you to lead them. The other members of your team were no less considered, as they have played pioneering roles at different points in the emergence of the very formidable platform whose members make up the Guild.

“Senator Udoma has been following the activities of the Guild and notes its contribution so far to national development and particularly the cordial relationship the Ministry shares with its members.

“It is rather unfortunate that your conference fell on the same day that the Ministry hosted a Cabinet Retreat in Abuja, a development which made it impossible for the Minister or any Senior member of the Ministry to be part of your conference, but the minister has indicated his intention to work towards further enhancing the relationship between the Ministry and GOCOP going forward.”

Similarly, Daniel Iworiso-Markson, the Chief Press Secretary to the Bayelsa State Governor, Seriake Dickson,  congratulated Oladipo.

Iworiso-Markson also‎ congratulated other members of the Guild who emerged victorious during the election.

They are Maureen Chigbo, the Publisher of RealNews magazine, who is now the Deputy President; Danlami Nmodu, Publisher of NewsDiaryonline, General Secretary; and Collins Edomaruse, who is the publisher of Metro Watch Online, as Deputy General Secretary.

Others are Segun Adeleye, Publisher of World Stage, who was elected the Financial Secretary; Janet Mba-Afolabi, Publisher of the Scroll, who is the Treasurer; and Olumide Iyanda, Publisher of Qed.ng, who emerged the Publicity Secretary of the Guild.‎

Iworiso-Markson in his congratulatory message said the election of Oladipo would further strengthen the Guild and position it for greatness as it continues to carry out its core mandate of informing and educating people through various online platforms.

He also expressed his appreciation to the entire members of the Guild for the relationship it has maintained with the Bayelsa State Government under the leadership of Dickson.‎