The Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), has stated that Nigeria has demonstrated the will to promote justice and combat terrorism, along with other global crimes.
The AGF, according to his media aide, Kamarudeen Ogundele, made the statement on Monday at the 23rd Session of the Assembly of States Parties to the Rome Statute of the International Criminal Court (ICC), being held between December 2 and 7 at The Hague, Netherlands.
He also expressed concern over the prolonged investigation of the Nigerian military by the Office of the Prosecutor at the International Criminal Court.
The leader of the Nigerian delegation, while affirming the country’s commitment to confronting impunity, holding perpetrators of heinous crimes accountable, and restoring justice for victims, noted that the preliminary examination into alleged crimes in Nigeria had lasted 14 years, which he described as demoralizing for the servicemen who are laying down their lives to defend the country against terrorists.
The Minister emphasized that, as a responsible state party to the Rome Statute, Nigeria has consistently engaged with the Office of the Prosecutor and demonstrated its military’s adherence to international humanitarian law, ensuring accountability for any personnel found guilty of misconduct.
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He said, “While we respect the court’s mandate to intervene when states are unable or unwilling to prosecute such crimes, it is important to emphasize that there must be respect for the principle of complementarity.
“The ICC is meant to act as a court of last resort, intervening only when national legal systems are unable or unwilling to address grave crimes. I must assert that Nigeria does not fall under any such situation. Our nation has consistently demonstrated both the will and the capacity to investigate and prosecute serious crimes, including those committed by Boko Haram and other terrorist groups.
“We are proud of the Nigerian military, which has systems and structures in place to ensure that their operations are guided by international humanitarian law and human rights principles.
“At the 22nd Session of this Assembly, Nigeria reported the establishment of an independent Special Investigative Panel by the National Human Rights Commission to address allegations against the Nigerian military made by Reuters. After thorough investigations spanning eight months, the panel found no evidence to substantiate these claims. The allegations of killings, torture, and the recruitment of underage fighters were proven to be false and exaggerated.
“Indeed, the work of the panel and acceptance of its recommendations by the government clearly indicate that Nigeria has the political will to investigate allegations of heinous crimes and hold violators accountable.”
Fagbemi added that the conduct of military operations during conflict is regulated by international humanitarian law and assured the Assembly that the Nigerian military does not engage in arbitrary killings or inhumane treatment of those no longer directly participating in hostilities.
“Our military ensures that captured combatants are treated with dignity and respect. While inadvertent mistakes or errors of judgment may occur in the chaos of conflict, these are promptly investigated by impartial commissions and panels,” he said. He further stated that Nigeria has a well-established and functional court-martial system for holding erring officers accountable and employs restorative justice measures, including compensation, when appropriate.
He said Nigeria’s six-month Demobilization, Deradicalization, and Reintegration (DDR) program has successfully reintegrated 4,000 former Boko Haram combatants into society, and the country will continue to prioritize the training and retraining of its armed forces, ensuring that human rights and international humanitarian law remain at the forefront of military operations, with a focus on civilian protection.
The AGF stated that the country is concerned by the seemingly predetermined stance of the Office of the Prosecutor regarding the armed forces and the situation in Nigeria, despite these efforts.
“We are also concerned about the activities of apologists for terrorist groups, masquerading as civil society organizations, who are continuously making unsubstantiated allegations in order to undermine the legitimate efforts of the Nigerian Armed Forces,” he added.
He called on all State Parties to ratify the Convention on Cluster Munitions, as the use of cluster munitions continues to cause widespread suffering and hinders peace-building and humanitarian efforts.
“Nigeria stands firm with fellow State Parties in the shared commitment to ending impunity for the world’s most serious crimes. We fully support the work of the ICC and encourage those State Parties yet to accede to the Rome Statute to do so,” he concluded.
