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Thursday, 21 November 2019

Relevant international convention on Kogi electoral violence




The Kogi Electoral crisis has to be contextualised within the ambit of international law. Election in just one State of Nigeria on 16th November, 2019 claimed the lives of 22 people and many were rendered homeless. As part of APC post-election celebration, a PDP Women Leader was roasted alive by the ruling Party’s thugs. Several of our supporters and voters were kidnapped, detained, tortured, held hostage, mutilated and subjected to degrading treatment.
The security forces compromised and took sides with the government of the day in inflicting violence on innocent Kogites and directing attack against civilian population. The Nigerian Police used Police Helicopters to shot innocent people and spread teargas on voters.
The primary responsibility of Government is to provide security for the citizen. Since the Government has failed in this sacred constitutional responsibility, the international community must rise to the occasion and save democracy in Nigeria. If what happened in Kogi State on 16th November, 2019 is allowed to stand, it will be repeated in other States and the next General election will be another brigandage. The action of Yahaya Bello led Government with some of his officials’ amounted to crimes against humanity and the International Community has a duty to protect persons and groups from harm and to punish perpetrators.
Bello’s atrocious acts are being investigated under the following International Conventions and Statutes. The killing and maiming of innocent people by the Bello’s administration on the 16th November, 2019 is nothing but an act of genocide against the people of Kogi East and Kogi West. The relevant international instruments are:
1.   Convention on the Prevention and Punishment of Crime of Genocide 1948 (CPPCG)
2.   Rome Statute of the International Criminal Court (ICC) 1998
3.    The Geneva Conventions 1949 domesticated as the Geneva Convention Act Cap. G3, Laws of the Federation , 2004
4.   Charter of the United Nations
5.   Statute of the International Court of Justice.
6.   International Covenant on Civil and Political Rights (ICPR)
7.   International Covenant on Economic, Social and Cultural Rights (ICESCR)
8.  The Constitutive Act of the African Union 2000
9.   African Charter on Human and Peoples’ Rights domesticated as African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
A strong worded Petition has been forwarded to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) in The Hague and the United Nation Human Right Committee in Switzerland. International Consultants have been engaged and we have been assured that the Kogi Electoral Violence instigated and supported by the State met the “gravity and complementarity” test and the criteria of “Jurisdiction, admissibility and Interest of Justice” required for their prosecution under Articles 7 and 8 of the Rome Statute. Preliminary investigation by the relevant International Institutions will soon commenced against Yahaya Bello and his cohorts. The relevant Embassies in Nigeria will be copied for their information and necessary action.
All these Treaties and Conventions are binding on Nigeria and State actors under the doctrine of puncta sunt sevanda.
Several local legislations that Yahaya Bello can be prosecuted for this election are Terrorism (Prevention) Act and Anti-Torture Act, 2017.

Sen. Dino Melaye

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