Presidential Committee On 2011 Post Election Violence Unlawful And Diversionary

[SR]

Abuja, May 19 2011: The Nigeria Coalition for the International Criminal Court (NCICC) calls on the Federal Government of Nigeria to disband the recently constituted Presidential Committee on 2011 Election Violence and Civil Disturbances and proceed to charge and prosecute all those responsible for the post election violence in northern Nigeria including politicians who incited and armed the rioters.

Over 300 persons were killed in 3 states and more than 600 across the country in the violence that followed the April 2011 elections.

The setting up the Presidential Committee is a sham designed to divert attention of the world to the proper prosecution of the perpetrators, and compensation of victims and families of those killed. This has been the practice in the past, including in the Jos crises, where government set up panels or commissions of inquiry and at the end of the day, the reports were never made public. The inability of the government to indict and prosecute perpetrators is responsible for the cycle of impunity that has become a recurrent decimal in the country.

NCICC is of the view that the federal government has no power to set up such Panel of inquiry in relation to the provisions of the 1999 Constitution. Therefore the decisions or recommendations of any such panel may be null and void and will likely not be enforced by court of law. The panel may also lack the powers to summon or invite people to appear before it. The Supreme Court held in the case of Babangida vs Fawehinmi & Justice Oputa relating to the Oputa Panel, that the federal government does not have constitutional powers to enact Tribunal of Inquiry Act to operate in the states because  such matter being within the residual legislative list of the Constitution,  is only applicable in the Federal Capital Territory. The federal government can therefore only set up panels of inquiry in the FCT.

NCICC is concerned that the Federal government has not shown any commitment to prosecute those responsible for heinous crimes against humanity in Nigeria since 1999, including killings in Odi, Bayelsa state, Zaki Biam in Benue State, Jos in Plateau state, and the Boko Haram cases. It is the responsibility of the federal  government to conduct proper investigations and prosecutions of all those that planned, incited and carried out the violence that occurred  , both in the run up to the election and after the Presidential election.

The arrest and arraignment of 20 or so rioters, payment of N5m to families of slain NYSC members, and the illegal or unconstitutional setting up of the Presidential Committee are calculated attempts to cover up and avoid prosecution of the real culprits, including top politicians.

By Chino Obiagwu &  Jibo Ibrahim
Source: Presidential Committee On 2011 Post Election Violence Unlawful And Diversionary