ICC Set To Investigate Crimes Against humanity committed by state actors in Nigeria
• We Are Not Scared, Army Boss
•History of Extra Judicial killings
By Mike Odeh James
The President of International Criminal Court, Justice Fatimatou Bensuda on November,4 2020 announced that the ICC has commenced preliminary investigation into the #ENDSARS protestst which later culminated into the Lekki toll gate massacre popularly called the ‘Black Tuesday’.
The ICC also made it known that it would scrutinize the role played by state actors so as to ascertain whether they have breached the Rome status .
On Tuesday evening, following the refusal of #ENDSARS Protesters to quit the streets of Lagos, the state Governor imposed a dusk to dawn curfew ostensibly meant to curb the activities of the protesters.
However, as the protesters stood their ground,television stations stations like Africa Independent Television, AIT, Arise Tv and Channels Television reported that the Nigerian Military have mobilized mobilized and was headed towards the toll gate at Lekki a hub for protesters.
In less than two hours, according to reports, about 5-6 pm of that evening Nigerian Army personnel were reported to have opened deadly fire on the protesters killing dozens and wounding several others.
The whole incidents was also streamed live by one of the protesters on the ground, Catherine Obianuju Ude also known as DJ Switch.
Catherine’s live – streaming which was captured at the height of the shooting showed soldiers firing at protesters, with some falling down while others were sitting down singing the nation’s national anthem.
The Disc Jockey would later confirm that she counted about 7 bodies felled by soldiers bullets.
She also showed young men and women screaming while bleeding from gunshot wounds.
Many other witnesses also corroborated DJ Switch’s testimony that soldiers shot directly at protesters killing many and injuring several others.
They also confirmed that the shooting lasted into the night as men from the Nigeria Police Force which came later also opened fire on protesters.
As the world woke up to watch the horrible events being beamed live by Nigeria television stations and social media, Governor of Lagos reacted quickly by calling on the soldiers not to shoot at protesters and blaming forces beyond his control for the killing of innocent protesters.
The Governor quickly went round hospitals and scene of the massacre to ascertain what really happened.
After the assessment tour, Governor Babajide Sanwo Olu made a broadcast claiming that no one was killed , however, he offered to treat all wounded protesters.
The Nigerian military also denied that it’s personnel were at the scene of the shooting .
It posted on its verified social media handle that videos from DJ Switch and other protesters were fake news .
On its part, the Nigerian Broadcasting Commission, NBC the regulatory body in change of broadcast media sanctioned television stations like AIT and Arise TV for airing inciting video footages of the massacre .
Nigeria’s minister for information, Lai Mohammed also lampooned social media influencers for posting unverified, false and misleading information about what is now called the Lekki Toll Gate Massacre.
Lai Mohammed also vowed to curb or regulate the usage of social media in the country .
Nonetheless,as pictures of soldiers shooting at unarmed protesters continued to stream in both on conventional and social media, the international community began to voice its concerns .
The United State President, Donald Trump called on the Nigerian Government to stop soldiers from shooting at protesters, Joe Biden, a Presidential Candidate then also condemned the killing , while the Government of the United Kingdom asked the Nigerian Government to probe the shooting
The United Nations also voiced concerns.
Realizing the gravity of shooting unarmed protesters, the Lagos State Governor Babajide Sanwo Olu denied that the death of any protester, he would balked when interviewed on CNN and admitted that one of the protesters was felled by soldiers.
While denying that he lacked the power to order the Army to shoot, he also challenged those claiming there was a massacre to come forth with the bodies of those shot or that the families of those shot should voice out.
The Federal Government and its agencies would also tow the arguments of Babajide that there were no dead bodies and people are not coming out to say that their wards or relatives were shot dead, so there was no massacre.
But Amnesty International, AI released a detailed information on the Lekki Toll Gate incident which showed that over 13 people were killed by the Army and police.
Amnesty International wrote: “An on-the-ground
investigation by Amnesty International has confirmed that the Nigerian army and police killed peaceful protesters.
“This timeline collates video and photograph
footage to confirm that army vehicles left the
Bonny Camp — a military base approximately a
seven-minute drive from the Lekki Toll Gate at 18:29 local time on October 20.
“The vehicles are tracked to the Toll Gate. At around 18:45 the Nigerian military opened fire on
the protesters.”
“Throughout the day on October 20, peaceful
protests took place at Lekki Toll Gate. People were seen dancing, having their hair styled, and speeches were made from a podium in front of the Lekki Toll Gate.”
“Vehicles leave military base
At 18:29 vehicles leave Bonny Camp to head
East along Ozumba Mbadiwe Avenue— which changes its name to the Lekki-Epe Expressway— the direction of the Lekki Tollgate.
“On this route, the vehicles passed several embassies and consulates— including the
buildings of the Japanese Embassy and the Australian Consulate.”
“A video shared on social media shows vehicles
leaving the Bonny Camp— a military base in Lagos. The first vehicle is a light-coloured
vehicle, the following two dark-coloured (blue or black), and the final vehicle again a light colour.
“All four vehicles have lights atop, and are
flashing lights. The vehicles appear to be
vehicles used by the Nigerian military and police.”
” The three vehicles are seen heading
towards Lekki Toll Gate. Filmed at Point B on
the map below.
Below: In this video filmed further east along
Ozumba Mbadiwe Avenue, six vehicles are seeing
heading towards Lekki Toll Gate. Filmed at Point
C on the map below.”
“From Bonny Camp (point A on the map), to the
videos filmed at Point B and Point C, to the
Tollgate at Point D is a direct drive of circa
seven minutes.
“If the vehicles left Bonny Camp at 18:29 as per
the device recording the videos, an arrival at
between 18:36 and 18:40 is to be expected.
“Note that the videos filmed from Point B and C
show diminishing sunlight, placing the filming of
the videos between sunset and dusk.
“In the video and photographs captured at Point D we hear gunfire, and see the vehicles and men in military uniform.”
Vehicles arrive at Lekki Toll Gate and shooting starts
“Filmed from the East side of Lekki Tollgate,
here we see the same vehicles in formation—
and shortly after, gunfire is heard.
“A 21-minute video posted to Facebook and
filmed at the Lekki Tollgate shows the
demonstrations as they descend from peaceful to
being attacked by the military.
“At 19 minutes into this video we hear the same
woman from the video above holding a
microphone shouting, ‘Sit down!’.
“Among those asking the crowds to sit down is
DJ Switch.
“At 21 minutes into the video, gunfire is heard.
“As the evening continues, protesters continue to
film and share videos of the shootings. With reports of the power being cut at the Tollgate,
and no artificial light, it is hard to see what
happens in these videos— but sounds of gunfire
are regularly heard.” (As heard/seen in the two
videos below)
Outstanding questions
“While the evidence collected by Amnesty
International through on-the-ground interviews
and open source research points to military
involvement in the killings at Lekki Tollgate.
Even as Amnesty International released its evidences to show that the military deed shoot at protesters, the Nigerian Authority was working hard to erase evidences of the massacre.It embarked on crackdown of activists and discrediting DJ Switch’s videos .
Nonetheless, sensing that a cover up may not hold for long, Governor Sanwo Olu changed his story again admitting that more than one protester was killed and this time, he admitted that the Army was responsible for the killing.The Governor however denied asking the Army to intervene.
He also set up a judicial panel of enquiry to unravel what actually occurred on the fateful day .
The position of the Governor seems angered the Army and in a press statement, the Army admitted for the first time that it was at the Lekki Toll Gate at the instance of the Governor but it insisted that the Army did not shoot at the protesters nor did it fire .
As the bickering between the Army, the Lagos State Governor and Civil Society organizations continued as to who shot at the Lekki protesters, notable human right organizations began to petition the International Criminal Court, ICC with the view of prosecuting the perpetrators of the Lekki Toll Gate Massacre.
Nigeria’s foremost human right lawyer, Femi Falana also vowed to pursue the case to its logical conclusion at the ICC.
He said,
“We must let the Federal Government know that there would be consequences for its actions.
” A Government that when it was in opposition called and participated in many protests is now shooting at protesters, this is totally unacceptable,” he added.
Babajide Kolade Otitoju of Journalists Hangout on TVC also echoed similar views.
Otitoju added that end of its tenure, state actors who ordered the killings of protesters would face justice at the Hague .
Even as the Lagos State Governor and the Army continues to deny culpability, the Chief of Army, Lieutenant General Tukur Buratai remained defiant.
In an angry mood, however,the army boss charged his troops not to be afraid of any charges of crimes against humanity by the ICC.He urged the troops to discharge their duties without fear.
Reacting to threats by civil society groups to seek visa ban against perpetrators of the Tuesday massacre, Buratai added such threat doesn’t scare him as he doesn’t really travel much.
“We are being threatened with a travel ban, but we are not worried because we will remain in our country,”
“The first time I traveled outside this country, I was already 50 years and a general, so I don’t mind if I live the rest of my life here,” he said.
Many analysts have also latched on Buratai’s comment on remaining in Nigeria for the rest of his life as an admission of guilt by the Chief of Army Staff.
According, Abdullah Musa,a public affairs analyst
” if General Buratai realizes the implications of shooting into crowd of unarmed civilians, he would have quickly set up a panel of inquiry, courtmartial those implicated in the killings.
“by covering those responsible, he has exposed himself as an accomplice” , he added.
Another lawyer Henry Nwazuruhi also added that the law would take it’s course even if Buratai and other state actors do not travel out of the country .
“Charles Taylor of Liberia was arrested in Nigetia, he was guaranteed protection by the Nigerian Government but when the international community turned the hit on him, he was handed over to the Hague.
Nwazuruhi also referenced the former President of Serbia, Slobadan Mislosevic who was arrested in his country and sent to the Hague.
Host of awarding winning television show, Journalists Hangout, Jide Otitoju also also lend credence to that fact that there would be justice for innocent civilians massacred at the Lekki toll gate.
According to him,
” people need to know that there is an ICC waiting for them when their tenure elapses.
So whatever you do today, justice would be there at the Hague. It happened to Charles Lubanga from Congo Democratic Republic and Laurent Gbagbo of Cote’D Voire, ” he summed.
HISTORY OF EXTRA JUDICIAL KILLINGS ?
The Lekki massacre and the denial of responsibility by the Arny has also compelled many to ask if the Army and indeed the military have executed Nigerians in the past .
In November of 1999, nineteen policemen were ambushed and subsequently killed in a creek town called Odi in the Niger Delta, in retaliation, the Nigeria Army obliterated the Odi and according to Environmental Activists,close to 2500 citizens were killed.
However, Government sources said only 40 persons were killed .
After series of court cases and threats by Britain to sanction Nigeria, the Government of President Goodluck Jonathan paid a whooping sum of N15 billion as compensation in 2013 to Odi community.
In 2001, following the the killing of 19 soldiers by Tiv militia in Zaki Biam in Benue state, the government of President Olusegun Obasanjo ordered the Army to fish out the murderers.
In the operation to apprehend the killers, the Nigeria Army killed about 100 persons and destroyed several villages.
Seven years later General Luka Yusuf, the Chief of Army staff would tender a public apology for the dastardly act committed by the Army .
During an altercation between supporters of Sheik Ibraheem El Zazakky of the Islamic Movement in Nigeria, and the Army, scores of Zakzaky’s supporters were gunned down in 2015.
The Army claimed that the Chief of Army staff was ambushed by the sheik’s supporters with the aim of assassinating Buratai.
While the Shia sect claimed that about 1000 of their supporters were killed by Army, the military claimed that only 340 shia supporters were killed .
The IMN which is also known as shias have mounted a relentless campaign to bring the killer soldiers to justice via the ICC. The main targets of the Shi’a sect are the Chief of Army Staff, the Governor of the State which they alleged supported the Chief of Army staff .
Again, the Nigeria military was accused of summarily executing supporters of the Independent Movement For Biafra , IPOB in 2015 and 2017 in the Eastern part of the country .
WHY THE LEKKI MASSACRE IS DIFFERENT
Nigeria government and the military have so far evaded sanctions for wanton killing of citizens since the administration of former President Olusegun Obasanjo down to Goodluck Jonathan.
However, recent happenings have shown that perpetrators of extra judicial killings in the country now stands the risk of facing trial locally and internationally .
The Lekki massacre has proved to be a milestone in the sense, the killing of innocent protesters was transmitted live through by DJ Switch using her social media handles.
Furthermore, the images of soldiers firing on young men and women while they were singing their country’s national anthem also provoked outrage within the local and international community.
It is also noteworthy, that the Army under General Buratai have not been able to extricate itself from history of extra judicial killings. In fact, the Army has been accused of massacres in more than four incidences
The role of civil society organizations, media and the social media have made it very difficult to the Lekki killings to be covered up.
Few days ago, the CNN also released its own documentary detailing how Military men shot at the Lekki protesters killing many.
The documentary also featured interviews with relatives of those who were killed at the toll gate.
The graphic details of the CNN film also reinforced belief that truly crimes against humanity were perpetrated on the Night of Tuesday 20, 2020.
Previous investigation by premium times of Nigeria showed a pattern that the military carted away dead bodies to make it impossible for people to know the fact.
The Shias had in 2015 claimed that the Army massacred and hurriedly buried its members in mass graves.
Despite the attempts by the Federal Government, Lagos State Government and the Army to cover up the massacre, the three bodies kept churning out contradictory statements.
As of the time of filing this report, the Army which had previously denied being at the Lekki toll gate, admitted it was there but did not shoot at protesters.The Army later agreed that it used rubber bullets and gunpowder to disperse the protesters.
When an Army General was shown spent bullet casings which indicated that live rounds were fired at the protesters, he admitted that the live rounds were used by the police and not the military.
Meanwhile, the Lagos state Governor who continuously denied inviting the military had accepted that he did invited them but did not ask them to shoot at protesters.
The attempts to regulate the social media by the Federal Government points to the fact that a heinous crime was committed and the state actors are doing their best to erase evidences to that fact .
Even at that, the international community seemed determined that the killers be brought to justice
ROME STATUS
The Rome Statute of the International Criminal
Court is the treaty that established the
International Criminal Court. It was adopted atconference in Rome, Italy on 17 july 1998.
However, came into force on 1 July
2002.
Under the Rome Statute, the ICC can only
investigate and prosecute the four core international crimes in situations where states
are “unable” or “unwilling” to do so themselves; the jurisdiction of the court is complementary to jurisdictions of domestic courts.
The Rome Status allows the ICC to investigate War Crimes, Crimes against Humanity, Crimes of Aggression.
According to Anthony Felix Odirra,
” The Rome status allow for the ICC to investigate and prosecute Presidents, Prime Ministers, ministers and other state actors who are accused of war crimes, crimes against humanity and aggression .
“If the Governments of such countries refused to act, the ICC on receiving petitions from individuals would investigate and bring to justice anyone found guilty .
He said .
He also explained that Nigeria which is a signatory to the Rome status have been under investigation by the ICC for war crimes in the North East in its fight against Boko Haram.
However, he said that,
” the recent killings in Lekki, the shia massacre, the killing of IPOB constitute crimes against humanity.
“From all indication, the Federal Government is not willing to investigate let alone prosecute the perpetrators hence the ICC had to step in.
He added that those who gave the orders to kill civilians -from the Commander in Chief to the Chief of Army staff would be investigated and their roles scrutinized.
As Nigeria Government officials brace up for its own investigation into the Lekki killing, the ICC is also wielding the hangman’s noose.
