Dasukigate: Falana drags suspects to ICC

Former NSA Sambo Dasuki and others arraigned over misappropriation at the FCT High Court in Abuja
Former NSA Sambo Dasuki and others arraigned over misappropriation at the FCT High Court in Abuja

Human rights lawyer, Femi Falana, has requested the International Criminal Court to “investigate allegations of crimes against humanity committed against the Nigerian people by some former and serving military as well public officials and private persons who engaged in the criminal diversion of $8 billion earmarked to procure equipment for the armed forces to fight insurgency.”

In a petition dated January 19, 2016 and sent to the Prosecutor of the ICC, Fatou Bensouda, Mr. Falana said, “We are a firm of civil rights lawyers based in Lagos, Nigeria. We are the defence counsel for the majority of the members of the Armed Forces of the Republic of Nigeria who were charged with mutiny, cowardly behaviour and sundry offences before the courts-martial instituted by the former military authorities. As we shall demonstrate anon, the only “offence” proved against our clients in the military courts was that they had the temerity to demand for weapons to fight the well equipped troops of the Boko Haram sect.”

The petition reads in part: “On account of the deliberate refusal of the former military authorities to equip and motivate the members of the armed forces involved in combat operations the insurgents have killed about 25,000 soldiers and civilians including children and displaced over 2,000,000 people. Having compromised the security of the people of Nigeria by collaborating with the terrorists the former military authorities deliberately encouraged the brutal killing of innocent people including ill-equipped officers and soldiers.”

“During a visit to Borno state in 2014, former President Jonathan revealed to some selected leaders of the community that it was when Alhaji Modu Ali Sheriff caused the extra judicial killing of the leader of the Boko Haram sect, Mohammed Yusuf that the group declared war on the Nigerian people. Even though President Jonathan knew that Alhaji Sheriff was a major sponsor of the terrorist group the government did not charge him to court under the Terrorism Act applicable in Nigeria.”

“In order to divert the attention of the Nigerian people and the international community from the afore mentioned crimes against humanity, scores of soldiers were put on trial before courts-martial for demanding for equipment to fight the well-armed members of the Boko Haram sect. The military courts convicted the soldiers and sentenced them to various terms of imprisonment while 70 were sentenced to death. Over 3,000 others were dismissed from the Nigerian Army in similar circumstances.”

“Having investigated and confirmed that the said soldiers were sacrificed to cover up the criminal negligence of the former military authorities the current Army leadership has ordered the recall and reinstatement of the 3,000 dismissed soldiers and commuted the death sentence of 66 out of 70 convicts on death row to 10 years’ imprisonment.”

“The inquiry conducted by the Presidential Panel on arms procurement has established that the bulk of the sum of $2.1 billion and N643 billion ($4 billion) earmarked for the purchase of military hardware to fight terrorism was criminally diverted by the former government through the office of the National Security Adviser, Col. Sambo Dasuki (rtd). It has also been confirmed that the said Col. Dasuki colluded with some serving and retired military officers and civilians to divert the sum of $2 billion and N29 billion set aside for the procurement of fighter jets and other equipment for the Nigeria Air Force.”

“As if that was not enough, the sum of $322 million and £5.5 million from the Abacha loot which was illegally transferred to Col. Dasuki by a former Finance Minister, Dr. Ngozi Okonjo-Iweala for prosecuting the war on terror has also been criminally diverted. Part of the stolen fund was used to fund the campaign for the re-election of President Goodluck Jonathan in the 2015 general elections.”

“Apart from diverting the fund for acquiring military equipment some corrupt public officers also stole money set aside for acquiring the necessary gadgets and equipment for securing the Nigerian people. For instance, the $470 million contract awarded in 2009 for the installation of CCTV cameras in Abuja, the seat of the federal government, was poorly executed due to corrupt practices. Thus, the identification of terrorists who launched bomb attacks in public places in Abuja has been frustrated by the government officials who stole the contract sum.”

“Notwithstanding the deliberate refusal of the military authorities to purchase arms and armament due to the criminal diversion of the security fund, Col. Dasuki gave a lecture at Chatham House in London on February 8, 2015 where he claimed that Nigeria had acquired adequate equipment to prosecute the war on terror. At the time he was addressing his London audience Col Dasuki was well aware that the fund for procurement of weapons had been stolen by himself and his cohorts.”

“However, out of the fear that he could be made to account for his role in the diversion of the security fund the then Chief of Defence Staff, Air Marshal Barde disclosed, while he was retiring from the service on July 30, 2015, that the armed forces led by him lacked the equipment to fight the terrorists. In his reaction to the disclosure Col. Dasuki stated sometime in August 2015 that the equipment ordered by the Jonathan Administration had not arrived the country!”

“It is submitted that the former public officials, serving and military officers as well as civilian collaborators who engaged in the criminal diversion of the security fund are liable to bear full responsibility for the death of about 25,000 people who were killed by the Boko Haram sect and the over 2,000,000 people displaced by the terrorist organisation.”

“Nigeria is a state party to the Rome Statute and deposited its instrument of ratification on 27 September 2001. The preamble to the 2003 United Nations Convention against Corruption (UNCAC), which Nigeria has also ratified states that corruption “is no longer a local matter but a transnational phenomenon that affects all societies and economies”.

“We strongly believe that allegations of corruption so far made against Col. Sambo Dasuki and other public officers have had catastrophic effects on the lives of over 25,000 Nigerian soldiers and civilians including children akin to crimes against humanity as contemplated under the Rome Statute and within the jurisdiction of the Court. 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. We believe that the staggering amount of public funds alleged to have been stolen create just these consequences. Crimes against humanity are not only physical violence; allegations of corruption highlighted above hold a comparable gravity, which the Prosecutor should examine and thoroughly investigate.

“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 highlighted above are similar to those of the offences in article 7(1).”

“Corrupt officials in the government know well that their conduct is criminal and injurious, and that their ostentatious lives, built on a radical breach of solemn trust, aggravate their crime against humanity. We believe that these allegations of widespread and systematic corruption amount to crimes against humanity and therefore clear violations of the provisions of the Rome Statute of International Criminal Court. These allegations have given rise to individual criminal responsibility of those suspected of perpetrating corruption, as entrenched in the Rome Statute.”

“Although the government of President Muhammadu Buhari has so far shown some political will to fight corruption and recover stolen assets, we believe that an international investigation by the ICC from the perspective of crimes against humanity would complement the anti-corruption initiatives by the current government and contribute to ending a culture of impunity of perpetrators. We submit that substantial grounds exist to warrant the intervention of the Prosecutor in this case. Under Article 30(2)(b) of the Rome Statute, a person has intent “in relation to a consequence, [where] that person means to cause that consequence or is aware that it will occur in the ordinary course of events.”

“We therefore submit that this is sufficient to hold Col Dasuki and others that have been indicted in the arms theft scandal responsible for crimes against humanity perpetrated against Nigerians. The failure of a former Finance Minister, Ngozi Okonjo-Iweala to prevent widespread and systematic corruption including the re-looting of the Abacha loot amounts to complicity under the Rome Statute, and therefore fits the legal requirements of a crime against humanity.”

Mr. Falana then asked the ICC Prosecutor to:

1. Urgently commence an investigation proprio motu on the allegations of the criminal diversion of the security fund of $2.1 billion and N643 billion earmarked by suspected perpetrators, with a view to determining whether these amount to crimes against humanity within the Court’s jurisdiction. In this respect, I also urge you 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 on the basis of available information whether there is a reasonable basis for an investigation, and to submit a request to the Pre-Trial Chamber for authorization of an investigation.

2. Bring to justice those suspected to bear full responsibility for deliberate under funding of the armed forces through widespread and systematic corruption in Nigeria; and

3. 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 the criminal diversion of security fund, testimony, and provide other support to the ICC.

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  • Victor Aikhionbare

    Now dats Wat I call patriotism. Unlike some who are yarning opata about Dasuki’s human right.

    • Julius

      Lets hear from the ‘rule of law’ crowd !

  • Joeefos40

    This is a good move and I’m so proud of Falana, all this yam eaters have brought this nations to his knees, trying them in ICC wilk bring justice to the Nigeria people for the fear, trauma they have caused us. Iweala, dasuki and others must answer for this crime.

  • Benny

    Falana as a lawyer with vast experience should know better than this jaundice epistle he has written does not hold water in a law court. As a human right activist, has he bothered to listen to Dasuki before playing to the gallery!No one is saying Dasuki might have soiled hid hands in the course of disbursing funds but let him state his own side if the case before you crucify him.

    • Joeefos40

      He should go to ICC and state his own side, d crime has already been committed why he was in charge as d NSA, he can’t play ignorant, all of thrm must face justice both in Nigeria and abroad no escape root.

    • Julius

      Sending him to ICC is not crucifying him !. The court will decide after listening to whoever is invited for questioning. Isnt that how the law works ?

      • Maria

        It is clear this guy Benny is an illiterate…he thinks court case is like a case of his siblings fighting and his father inviting both parties to tell stories…lol! He reduced court case to beer parlor story telling.

        • Julius

          .No mind him. Some of these folks dont even read the news, they jump on the headlines. Intellectual laziness ! Next thing you will hear from him is the cry of the ‘rule of law’ which he doesnt even understand. Monkey see, monkey do !

      • Damilola

        Exactly Julius I’m with you on this.

        • Julius

          Well, some of our brothers need a little bit of education. Not spelling, comas and grammar like Otile is fond of telling people.lolz

    • persona

      The brief that is needed is what Falana has already made reference to.
      Falana is not an interrogator and need not ask Dasuki a word as he will have his day in court to explain his side of the story.
      Did you not see where he admonished same court to ask the FG to release these guys for prosecution?
      You guys are always off tangent because of your party. Nigeria is greater than any party and I mean ANY.

      • Julius

        More or less where they come from. They think tribal terms. If Mr Falana has been from him village, he will be in here telling how right he is and that he is the smartest man on the planet.

        • persona

          I recall Benny in particular saying that where is Falana when we need him. The man has showed up and done the needful.
          Nigeria as an entity is in dire surgery and all hands must be on deck. Several PDP members are only seeing their party and not this nation and that is what drives me bunkers.
          The same way they individually collected monies that were not appropriated to them at their party secretariat and reason didn’t prevail that the ONSA is not a place to collect stipend. Everytime they talk, it is clear that they are not smart people, just opportune to be at he wrong place at the wrong time. As for me, I respect them not as it always reflects in their thinking. I am not a party person but deeply concerned about the damage that has happened to the Nigerian youth. No sense of history, no world view, no critical and analytical mind, not robust or coherent argumentative mind, no cerebral capacity to digest new information. It is disturbing that they somehow find their way to the top of the rat race. Those are choice weapons they deploy to destroy this nation…bad enough they have their followers…big time.

          • Julius

            You have spoken my friend !. Thank you !!. Some people come in here defending the looters simply because they come from their zones. Never mind that they didnt benefit a kobo worth of anything from the loot. Its unbelievable how some of us thinks.

    • Maria

      Yo dont sound intelligent….if I petition you for an alleged crime….it is the responsibility of the court to invite you to state your own side of the story….it is not my responsibility…that is why in court there is prosecutor and there is defense….many of you are intellectually crippled. The petitions EFCC acts upon are sent by individuals and organisations…and if it has merit they investigate and if there is any evidence…they invite or arrest the suspect for interrogation….please get yourself educated.

    • Damilola

      Please with all sense of honesty, let him listen to Dasuki at the ICC… we shouldn’t note ourselves with that. I’m more pleased it’s going that path, if taken serzly, later or sooner, we’ll get to the root of this and what the fear of the Nigerian govt is all about in commencing a true charge and prosecution against these people wud be known. I don’t think Falana is bidding for any mallam in Aso Rock on this, he might just be removing a seating bench beneath his buttocks. Just chill and see how it goes. I don’t think u got a dime from the “alledged loot”

      • Benny

        Do you put the cart before the horse? The ICC is not a conventional court hence the appropriateness is void in this case.

        • Damilola

          …But could prosecute human rights abuses anywhere in the world in as much a signatory to the treaty of Rome. Let’s go their and listen to what we want to hear from these cats and rats shades. Are you not thirsty for the open discussion of both parties in a law court? Are u not prepared to really know what has been arm twisting the Nigerian Govt from Commencing her trials all this while, the cacophony that has so far rented the air? Common… anywhere this issue is to be discussed, I personally, I endorse and look forward to, even apart from the Roman treaty.

    • The facts

      Don’t mind the guy did he really go to law school?

    • tundemash

      When he gets to ICC, he will state his side of the story. Falana is merely asking ICC to hear Dasuki out.

  • clairvoyance

    Good move.

  • Analyst

    The battle for the heart of Buhari is coming from everywhere. OBJ tried, Oshiomole keep trying, Falana is writing nonsense letter that hold no water. He knows he is just asking for more contract from Buhari with this and nothing. What a small man.

    • TrueNigerian

      Analyst, it appears you got a share of the loot. Those who lost loved ones within the boko haram areas understand best how crimes such as this hurts. If you you dont know that you are hurting millions of Nigerians by your instinctive comments, please keep your trap shut.

  • Intrepid

    Busy body Falana. Remember you have not finished the Rwandan case. Butterfly.

    • Sunday OGUNKANMI

      Call him what you like, he has loads of support in this mission

    • TrueNigerian

      Intrepid, I am sure you are allowing sentiments to overide your sense of judgement and the overall interest of Nigeria as an entity. Falana should be encouraged by all well-meaning Nigerians who want to see justice properly served.

    • Wale Adegoke

      Let him include the CCTV project meant for Lagos too. It is clear some people stole the money.

  • Rommel

    This case will only make sense at the ICC if the Nigerian judiciary has failed or incapable of addressing the said issues but for now,we believe that a reorganized judiciary will effectively handle the matters raised.

    • tundemash

      Dasuki and others were charged for corruption in the Nigerian courts. The case taken to ICC by Falana is crime against humanity; very clear distinction.

  • Arabakpura

    Good move Falana! Thank you!

  • Fatai Fehintola

    Bravo! I am sure many Nigerians will sign relevant petition should such become necessary.

  • persona

    What Falana has done has several implications and I will list some here:
    1- It forces the Nigerian judges to know if the go the Ibori route again, it is their shame.
    2- It ensures that Dasuki and subsequent public officials will be mindful that, should they abuse the rights of their various offices ever again, the longsuffering Nigerian public will have recourse at a public court far from their shores
    3- It forces the military authorities to think deep and probably let the soldiers sentenced to jail to be reabsorbed if found worthy.
    4- It places the military report in good pedestal as evidence against all those so charged to have shortchanged the Nigerian people.
    5- Subsequent public officials would know that their deliberate actions or inactions constitute public endangerment and can be so summoned where their monies will not buy them usual judges that have perverted justice in the past against the Nigerian people.
    Well done Falana, God bless Nigeria and those that wish her well.

    • Damilola

      …and most importantly we can get true justice on this matter. I guess Falana already sensed what many of us feared, that justice and the truth of this saga might not catch up with the suspects and the victims the manner it’s going within. I think with this we can get to the root of the matter at hand.

      • persona

        Several groups are calling different titles:
        Dasuki’s lawyer (Daudu) is now saying Buhari is not playing by the rules; Fayose is saying it is a scam; PDP is alarmed that elites can be cuffed etc.
        The issue here is that some of us settled for the reality ahead and we voted for Buhari to deliver jus what is happening.
        The politicians and the judges had since colluded to subvert a nation with laws. Buhari is presently addressing the game the other side is playing it and they expect him to be the only player following the rules.
        When the judges are willing to do the right thing to the LETTER, Buhari will revert to strict guidance. Buhari has not broken any laws and what he is doing is well within the ambits of the laws. If they used to charge people all at once, he has decided to brak it such that the accused will know that the game is up. The case of Jafar is instructive, drop and Go, stubborn and Stay. No laws have been broken.

        • Damilola

          See this man… really? If ICC is doing the job ur mallam and the Judiciary under him should av “almost completed”, then it’s a shame and total loss of vote and the time we spent voting… and if ICC ended up pronouncing verdict on this, when your god in Aso of the Villa is still beclouded by his intellectual omissions, then it becomes more shameful and retarded. If at all anyone has not been playing by the rule of law, I wonder when two wrongs start to become right. I wonder who is to institutionalise and reform the Judiciary. I wonder who is to show he’s really Seraphic by displaying his magical wands at all this. You or myself or the opposition?, Dasuki or the PDP?, the goats or the yam?. Someone just accused me of laughing too much here, but how can one hear all these and hold the laughter huh? You guys are just clowns. ICC for now is the best place to get this job done ASAP and the whole truth revealed. God bless Nigeria, God bless Falana and thinking souls

          • persona

            Did you not see where I said Buhari broke now laws? Is it not clear where it was outlined the collusion between the judiciary and politicans t subvert laws? Skirting the law is allowed and that is what the FG has decided to do by not charging them all at once. If what the Government has done is wrong, let any lawyer sue them for not filing all charges at once and see the ridicule. With the ACJA in place, were you not there when Saraki was riding the waves in several courts? Buhari showed his disgust at the media show and everyone has called him a dictator…you want force, the man shows restraints, he shows movement, he is called a dictator.
            Were you trying to be clever when you read where I said ICC will purge the judiciary if they try to go the Ibori route?
            You may offer your reply but never leave the trail of context. Falana has done the right thing and it will clear all the mess from different quarters such as witch hunt, selective justice etc hat has been in the media and I did state that. If you then condescend to calling the president mallam to take a jab, you then should not try to retell tales that are already told. There is nothing you have stated here that I didn’t mention in my post which incidentally you upvoted. Will Buhari force another branch of the law to be compliant and not be called a dictator? The shame is on the judiciary if they let the ICC investigate and pass a damning verdict on these same guys they are trying…the shame is on them indeed.

          • Damilola

            I upvoted you not “incidentally” but “purposely” cos we both agreed on one thing; the ICC way the clear path for justice in this, especially with the trend of things within. But you irritated me when you started glorify ineptitudeness of a govt to bring her organs to conformity and shape, withing the laid down rules of law he sworn to protect. I immediately took you for one of the minions without purpose or little insight here. However, No amount of insight could be responsible for a leader mistaking himself for the Rule Of Law. The Judiciary is cool when it digs for d govt, it becomes bad egg, when it digs for the accused huh? How do you weigh a fair hearing by the way? The Judiciary is compromised, so we shud forget about justice, but arrest and rearrest without clear charges to be prosecuted? The Judiciary is faulty so suspects shud be kept behind burglaries without the masses getting to hear their own “dirty” side of the story in a law court? Because Administration of the Criminal justice act doesn’t frown at periodic charging, that should form the basis for delayed justice and a theatrical episode of prosecution? Which of these ones have even been charged pls aside for Bail? What single statement have you heard from the accused, from the court plz?

            You’re sure informed with the kind of reply I got from you, but your application and standing in objectivity is wack, to shallow. I guess the Judiciary is also working for the creation of Biafra state, hence continuous release of that young man by three different courts and judges.

          • persona

            The issue here is what you don’t grasp. You say the ICC will do justice and we both agreed on that.
            The challenge however with your submission is that you are yet to show me a law that has been breached by the FG by choosing to charge suspects incrementally.
            The corruption in the land is what has made the government to think outside the box and its nothing new because even Al-Capone was charged for violence, gangsterism and several breaches but was convicted for Tax Evasion. What the FG is doing is not against the law by any stretch. Dasuki at first went to court and chose to read newspaper when he should have said his side, those that collected monies from him have said he did give them, so what exactly is he to say when his lawyers are speaking for him? We all get emotional and that was the path I blame Buhari for during the media chat but the man is a member of the executive arm and should not be doing the work of the judiciary. I will just let you see these points because at the end of the day, the judiciary have a chance to write their name in gold before the ICC does it for them.
            Our views may be divergent and that is what makes a robust argument. Where we agree, we agree, where we don’t, we learn from the other if there be any value theirin. I am yet to see what the FG has done wrong with the style of slamming charges. The DSS may have kept Kanu because they also may have their own play book of handling such suspects, afterwards they caught him and announced to the world without us even knowing. The judge that asked he be released, is he not the same one that Ekweremadu is saying he is a stooge of Tinubu and yet has released Dasuki and Kanu. What I detest is that we all throw claims around when it doesn’t pay us. The laws are not broken but can be skirted no doubt and that is by both sides.

          • Damilola

            Really?? The govt never broke any law but considering the mode of Nnamdi’s crime, a break down of law even to the contempt of Court ruling is appreciated or what? Kanu cud only be a leader of a group but the manner in which u respect court orders when it favours u is outrightly wrong and won’t solve any of the issues at hand, as it can only infuriate and fuel d rest within and outside his group, creating unnecessary awareness and sympathy for the suspects. On Dasuki, you took a criminal and you’re expecting the whole details to prosecute him from himself? What are u saying?  Is that how Capone was prosecuted and convicted?

            You think some people are having sympathy for the accused? Ignorance is not near such thing bro. The govt have consistently been her own enemy in these cases. In the case of Capone you expressed, I can’t remember the US govt despite how primitive that age was, to have charged the notorious gangster on charges they were doubtful of. They simply went for one that could achieve their purpose and even in doing that, they had their evidence well enough b4 charging this man. It wasn’t a media trial. It was a trial for real, one that means business. As obviously notorious as the man was, the govt played wisely, knowing fully well his humiliation was b4 the law court. Capone was neither Chargered for gangsterim, vandalism, murder or whatever a popular assumption could have flown with, which evidence was daunting for a successful prosecution, in respect of the level of coordination in those crimes. They simply went for one that could see him face justice ” not for the people in power, but the MASSES he had consistently shortchanged and oppressed”.

            These two are absolutely of different scenarios, in process that led the parties to the court, and to verdict passed. As notorious and deadly as Capon was, and even the almost primitive age it was, the well known criminal enjoyed is Right and freedom as a citizen of the United States, even when he threatened his prosecutors. As deadly as Capon was, the US govt never filed a suit for his secret trial, they in lieu, protected their witnesses even as far as keeping them in Southern America. There were no cases of arrest and rearrest here, or any incremental charges, cos the govt knew what they wanted and went for it in d “facts and vigour”, no beating around the bush…. when it was obvious with more than indicting facts that the judges in that case were already pocketed by Capone, we all know what happened. Instead of infringing on the rights of the suspect, they as well played the smart guy over the corrupt judges. The system of corrupt Judiciary is everywhere, the way and manner we handle it defines the govt. Read ur account of Capone’s case with the US authority well, prolly u are missing somti dea.

            You picked on a good case to write ur position, but with all due respect sir, I don’t agree with you these two are not on the same page. As far as I know incremental charges are for uncertainty in any case of prosecution, if this doesn’t work this will work, and such things delay justice. Why can’t we have enough evidence on these cases, as exemplified in the Al Chapone’s case, then charge these goats to court, without relying on the account or testimony of the suspects themselves. Do you expect a die hard yam eater to testify against himself or what? It’s the work of the prosecutors to look for indicting evidences against these people, as seen in the case u presented…. I can go on on this, but my time is limited here plz… I wish both parties good luck as they continue their cat and rat chase.

          • persona

            The Capone viewpoint I gave is to paint a picture of misdirection so the suspect prepares for a case while he is hit with another and that gets his legal team scrambling while the state takes a lead.
            Can you see how Metuh has a 1B bail bond now and how Dasuki prefers to stay in prison because he is exposing several civil servants who help perfect his bail and the government will in turn look at those guys and see if they came about such finds. The issue here is that like you said every system is rigged, clearly the government is rigging the game under pressure because they had set out to go the normal route only to see these guys mean business.
            The anti corruption moves got a boost at Davos and I think all systems can be modified down the line. Other suspect already admitted they took money from Dasuki and as the days unfold, we can see what will eventually happen. It has been a pleasure having the exchange all the same.

  • abodes_124

    I wait with bated breath and great interest response to the ICCs response to this letter from the office of the self acclaimed ‘human rights lawyer’. I wonder if they have a charge for knowingly wasting the courts time?

    • Maria

      Which courts? Aren’t you claiming there is no rule of law in Nigeria?

      • abodes_124

        The court referred to is the ICC court set up to try cases of genocide.

        • Maria

          Yes… boko haram committed genocide and party to that genocide was the government of GEJ and his forces.

          • abodes_124

            Brilliant analysis . You have made it a lot clearer. It follows that , as for example the case of Charles Taylor of Liberia, the person to be charged to court as an accessory to the genocide committed by Boko Hara should be Goodluck Jonathan ?

  • TrueNigerian

    Falana must be encouraged by all well-meaning Nigerians.

  • the chosenone

    Ride on sir and don’t stop until justice is been prevail against those wizard that brought great unbearable pain and sorrow also death to our soldiers the time is now for them to reap what they all sowd to Nigns,Federal Gvmt display them in the TTV for nigns to see them and after dat proceed to jail without bail out.

  • favourtalk

    God bless this man, all of them must pay for the crimes committed against the well and meaningful Nigerians. We can’t just allow this people to go scot free. Our money needs to be gotten back and try needs to face the law

  • Tafidan Dogon Daji

    With due respect,Femi Falana is at lost.From what lane can he draw a line to link the Arms Procurement saga to ICC’s legal jurisdiction?
    What ever may interest the central government of Nigeria,the money in reference were not meant for arms procurement as being publicised daily but the truth of the matter is that,the fund was earmarked for the 2015 PDP campaign under that guise.
    Mark you,Dasuki was not a presidential candidate for any election but an NSA whose work was to carry orders from the C in C,and nothing more.

    • Akanbi Akeem

      You don’t follow the story. EFCC said former President gave authority for arms purchase not diversion for other use. And if international community lack jurisdiction then why Dasuki given account of his duty before Chartham Chartham house in American. Falake is a man of knowledge of law so his effort will benefit all.

      • Tafidan Dogon Daji

        I humbly suspect that,you were in a time or the other,not been in the civil service for you to understand the logic.
        You would find money allocated to this head for something appointed but in the real sense,the money there is intended for another thing entirely.
        And i never doubt the legal wisdom of Femi Falana but in my view,this issue has nothing to do with the ICC.

    • A Aminu

      Carry out lawful orders of the president.

  • agbobu

    IN THE NAME OF THE ALMIGHTY GOD, GOODLUCK JONATHAN MUST PAY VERY GREAT PRICE FOR HIS VERY DEADLY CRIME AGAINST NIGERIA, NIGERIANS AND HUMANITY

  • Charlie

    Falana of all people should know that the ICC was setup to prosecute people that cannot be prosecuted in their own countries because of lack of or unwillingness of authorities to prosecute them. Any patriotic Nigerian will not subscribe to us surrendering our sovereignty to a neocolonial institution such as the ICC. If we surrender our sovereignty, then there is no point in any idea of nation building. It is unfortunate that the some of the best among us are always looking for an easy way out.

    • Okafor

      Set up for African leaders by the Super powers to quieten them, like Gbagbo and Kenyatta.
      By the way is that all Falana has to do. Drag Obasanjo to ICC for his atrocities on the people of Odi in Bayelsa. Drag Gowon to ICC for crime committed on the people of Biafra. The list is endless.

    • Ha

      So surrendering Dasuki, Badeh, Fani Kayode, Okupe, Metuh, Anenih, Diezani, etc, etc, is like surrendering your sovereignty??? Oh God you are the only one that knows the chemicals you have used to create the brains of some Nigerian people.

  • Ayelala

    Honestly speaking, from my observations, it will be cheaper in the long run to simply go abroad and employ retired expatriate civil servants for key position in the civil service.
    One of the reason why Nigeria is like this is the rise and promotion of incompetent and useles people.
    Those well trained civil servants left behind by the British were suppressed by the useful idiotttttts the British handed power to.
    They were never allowed to rise or get promoted.
    They are the old men with a single bungalow in apapa and who walks morning to buy his favourite newspaper.
    What passes as a Civil service today are the children and trainees of thoseidiotttttts.

  • Burning Spear

    Falani is the most Luciferic minded—demon possesed Yoruba man I have ever seen in my entire life—-Evil to a fault-Never for a second thought 9ja will display this level of wickedness to humanity——Now I know why Late Awo was framed up by the Yorubas and Fulanis–Then moved from there to hang–Ken Saro wiwa, assassinated Bola Ige-Abiola ati Kudirat his wife–So that Apes like Falana, can continue to mortagage the conscience of the entire Yoruba race, to the apron strings of the Fulanis-for another century- This is a NATIONAL Disgrace not only to the YORUBA RACE, but 4 d entire country- He is operating —-together with that shameless Itsekiri thief Prof Sagay—–While 9jas, are still in a state of shock over the refusal of Buhari who also admitted taking vehicles from Dasuki, who has now taken his case to the Ecowas court————-a Yoruba man Falana, suddenly appears from no where to also drag the same accused persons to the Internation Criminal Court-(ICC)-created to try cases of Genocide—Against the very people, Monsters like Buhari refused to grant bail-AS REQUIRED BY LAW–The same Buhari who denied Pa AJasin his freedom after the courts freed him from all the fake allegations Buhari levelled against him——–Sadly Pa Ajasin, died weeks after his release from the gulag of Buhari by IBB——————-Today in spite of all the warnings–about the Satanic traits found in Buhari, we are back to the same draconian rule of the same monster we warned Nigerians especially the Yorubas to beware of-what a shame

    • Deen Tee

      You are always out of point and order. Learn to contribute objectively.

  • Abilingo

    God bless you, femi falana .truth will always bitter to ignorance people.

  • Bie

    Respect for the rule of law law is a two way traffic by leaders and by the led and must be adhered to at all times. At the time when the cohorts were appropriating for themselves monies meant to save the lives of Nigerians (civilians or military) they never thought it was disregard for the rule of law. Now that some semblance of rule of law is been instilled, like accountability for conduct and cost, they dangle the rule of law. The rule of law is respect for human rights of everyone for being human including civilians and security forces in conflict, it is the ability to manage funds given to you for things meant for them. So let them that have gone against the rule of law face its wrath.

    When you have a relative who has been on the battle field in the north east and has not been reposted, then you will understand what the rule of law is and why this application is even coming in late. When you have a relative who has been detained for refusing to sacrifice their lives on the battle field with no weapons at all then you will jump to the ICC yourselves and not wait for Falana.

    The Rome Statute allows for complementarity and this case will serve that purpose.

    This is long overdue and without delay Bensouda should commence investigation. Since the ICC had in 2015 found some evidence of Crimes against Humanity in the northeast situation, I am hopeful this will sum it up.

    For those of you leaning on party lines, I pray you never face the northeast saga, if not I tell you, you will wish the Jerry Rawlings situation is applied here and not even rule of law.

    • 9ja deserves better

      Even murderers in south africa were granted bail—-monkey—–Why has Buhari not bought a single bottle of gun powder since he assumed the mantle of leadership from the USA? All these lame excuses will never work-for the Apes in APC —–Respect for the RULE of Law is not something members of the human family should be made to go down on their knees to beg MONSTERS LIKE BUHARI FOR–never IT IS THEIR RIGHT-

  • Omooba Adekunle Orafidiya

    Well done, Femi Falana for playing to the gallery.

  • This is looking good.

  • Shugaba Nkasa

    Who was it that said “you do not go to war with the army you want. You go to war with the army you have!

    This assumes your army includes all elements of the armed forces including men, equipment,and weapons.

    These courageous men and women of our forces are not subject to civil law (as indicated). They are bound by martial law. They do not operate as civilians, they adhere and only with work with strict and unambiguous orders as passed down to them.

    Military personnel are not there to think. They are there to follow orders! There is no room for question and answer sessions. You execute your orders as they are revealed to you……..because there is no room for cowardice in the armed forces (most especially at a time of war).

    This is why the most frequent and successful defense argument of military men and women (even those that have committed great atrocities against the very population they are meant to protect ) is that they are only following orders.

    The idea of applying civilian laws to military matters is a debasement of the very institution in question.
    When did men start asking their officers why? Falana should thread carefully.

  • UOU

    It costs nothing to send a letter to ICC, just your writing materials, the name of the addressee and the physical address.. this is the grandest of all grandstanding by falana, as usual. Where was he and what happens about zaki biam, odi, asaba even during june 12, when abacha/buhari unleashed terror on protesters on many occasions..The truth, in honesty is that no nigerian, who has upto 10million naria is his/her bank account or has more than one building, is clean or have made his money, without corruptions of one kind or the other..Falana cannot be clean himself, owning and maintaining that whole building office in maitama same as keyamo in zone 7, even buhari with his wife’s business and that of his kids, assuming we want to shamelessly exempt him.. now, the solution to all these bias talks of corruptions would had been to make it unacceptable for anyone to own more than a house and a car, which is what a normal human being needs.. buhari should start with himself, the legislature should follow then the judiciary..buhari cannot continue to ride on a convoy of over 40 vehicles, Vp like that, minsiters like that, senators like that and expect others not to want same enjoyment.. there is no one perhaps very insignificant numbers that has been a public servant or political office holder, who has not dented himself, dierctly or indirectly, just a very few..if care is not taking, very soon, the same people in apc will start fighting buhari and then it would turn into a full blown nasty war…it remains 2 options that we can take, let all former presidents, heads of states, minsters, governors, senators, reps, lga chairmen etc in government forfeit all or just half of their wealth to rebuild the country or allow them to go away with it then start afresh but I prefer the first, let them all forfeit everything, from 1970, till date but everything must be done when restructuring is done, so that, all nigerians would be given a sense of belongings, no more discrimination, no more quota system, no more federal character, lets encourage merit, in all facet of life, people will drive the economy, not even government, lets kill government so that the people can decide their future..Can falana give us account of his wealth, in the past 10years?

    • Deen Tee

      You are free to send yours to ICC as well. Falana cannot do everything.

      • UOU

        How many of such useless, aimless and hypocritical letters has falana gotten replies for, only to show off ( people write meaningful letters, quietly and still get results) so why should I send a letter you know it wont be responded to, never and ever…good for people like you who have decided to follow him like facebook, to nowhere with his mischief letters..I wont waste my time on some forlorn issues.Plenty people know Falana more now, than before

  • MC

    Falana’s petition to the ICC doesn’t contain burning issues which, though not closely-knitted with his entreaty, ought to have been included because other tertiary issues such as Okonjo Iweala’s transfer of Abacha’s loot to Dasuki are contained in the write-up

    Falana rose to fame via controversy, just as Buhari’s 2nd (and last) ascent to power was through propaganda of the Yoruba’s. While nothing is wrong with means with which people attain their goals, something is obviously wrong when a lawyer, counting himself smart, succeeds in betraying his inherent sectionalism, ethnic chauvinism. Did Okonjo Iweala whom he accused of “illegally transferring” Abacha’s loot to Dasuki benefit from the loot or was she just obeying instruction from her Boss, the President at that time? Thus begins the nullifying of his petition!

    For a man whom the lying, oh sorry, legal industry has so much favored, Femi would rather extol the soo good virtues and good fight-against-corruption of our dictating President, whereas Mohamadu Buhari is a man who seeks to destroy Nigerian courts by flaunting its orders. If Buhari has shown respect for the courts, these issues could have been well handled by the luminary judges that abound in Nigeria but the sought for justice in The Hague underscores absence of and no respect for rule of law in Buhari’s Nigeria.

    Femi Falana, face your legal profession but if you wish to be a freedom fighter, don’t be selective. You should retrieve that petition and add all the ills of past and current governments, especially the ongoing Buhari’s protection and vilifying of his political pals and political enemies respectively.

    Rather than strictly face the issue relating to his (paid of course) ‘redemption’ of mutinied Nigerian soldiers, Femi mischievously, orgiastically bent on using one stone in killing two birds, urged ICC to invite Iweala, but Femi curiously exempted the almost daily killing, by Nigerian army and police, of Shiite Muslims of Kaduna and IPOB/MASSOB groups of South/south and Sou East. Who”s fooling who? Femi, no be only only you sabi book. See below pls:

    “Article 6

    Genocide:
    For the purpose of this Statute, ‘genocide’ means any of the following acts
    committed with intent to destroy, in whole or in part, a national, ethnical, racial or
    religious group, as such:
    (a) Killing members of the group;
    (b) Causing serious bodily or mental harm to members of the group;”
    – Rome Statute of the International Criminal Court.

    Buhari wounded the syche of the IPOB by the unlawful detention of their leader and other members of the group; Buhari’s army kills members of shiite muslims and wounded her syche by continued hiding of their leader Zazaki. Hence, he’s due for The Hadue as well.

  • Nigeria4u

    No more Justice in Nigeria because of our lawless Buhari. Up Falana

  • 9ja needs another presido

    Falani is the most Luciferic minded—demon possesed Yoruba man I have ever known in my entire life—-Evil to a fault-Never for a second thought 9ja will display this level of wickedness to humanity——Now I know why Late Awo was framed up by the Yorubas and Fulanis–As if that was not enought-they connived with the same Fulanis to hang–Ken Saro wiwa, assassinated Bola Ige-Abiola ati Kudirat his wife–So that Apes like Falana, can continue to mortagage the conscience of the entire Yoruba race, to the apron strings of the Fulanis-for another century- This is a NATIONAL Disgrace. Sadly Falana is operating —-together with that shameless Itsekiri thief Prof Sagay—–While 9jas, are still in a state of shock over the refusal of Buhari to grant bail to the accused persons. The same Buhari who admitted taking vehicles and 300,000 dollars from Dasuki? Suddenly, settles Falana to thwart the efforts of dasuki to seek Justice at the Ecowas court———-So what was Falana doing all this while-? Waiting for Dasuki to take his case to the Ecowas court before he lamely decided to attract attention to himself—————–by alleging that he would take the accused persons to the International Criminal Court-(ICC)-created to try cases of Genocide-abi-Monkey! Not a word on the refusal of Buhari to grant bail to the accused persons as REQUIRED BY LAW-from Falana even?- Even a murderer was granted Bail in South Africa—-are these accused persons Boko haram fighters? Where was Falana when Buhari released over 300 boko haram fighters? The same Buhari who denied Pa AJasin, his freedom after the courts freed him twice of all the fake allegations Buhari levelled against him—?—–Sadly Pa Ajasin, died weeks after his release from the gulag of Buhari by IBB——————-In spite of all the warnings–against imposing Buhari on Nigerians, the neo colonailist led by the USA , still went ahead to impose such a monster on us-with the aid of the Yorubas led by Soyinka-Obj ati Falana-what a shame–what a country!

  • Ade Sagoe

    Editor Premium Times,

    But truth is that International Court has no jurisdiction to hear the petition Femi Falana filed
    because he failed or neglected to assert proper jurisdiction. To put this case in the hand of
    the International Criminal Court Femi Falana would have had to assert that President Buhari
    is uselessly unreliable and incompetent to the point of complicity that Buhari can’t be relied on
    to bring the case to court for remedy. With that missing assertion this petition is dead in water.
    The International Criminal Court has no jurisdiction on defence budgets or on contract awards;
    of defence munitions, or theft of defence budgets, or the cash release of appropriated defence
    expenditure – all of which are matters within the exclusive jurisdiction of Nigeria’s criminal courts.

    • aisha ani

      The ICC is not run by Nigerian Judges, that condone the jurisdiction nonsense.

  • 9ja needs another presido

    That Skytrend has removed all pro-GEJites from their site while leaving folks like Jack Buhari on board is not a thing of surprise. I knew it was gonna happen. I heard that such platforms get paid by how many pro-Muhammadu Buhari posts and comments they allow on their platforms. So also by how many pro-Buhari and -APC posts that trend on their sites.

    BTW, did you know they screenshot your comments and posts and forward it to Ministry of Information and NSA for a token in return? Individuals are also are encouraged to screenshot their comments too to get paid for it. Therefore, each time you make a post, you would notice some Buharists and other strange aliens come on it to either abuse you outrightly or attack your post without even debating on your subject topic.

  • 9JA IS DYING DEAD UNDER BUHARI

    Nigerians and the PDP have came up aganst the brazen display of authoritarianism demonstrated by the President Muhammadu Buhari-led APC Government in handcuffing its National Publicity Secretary, Chief Olisa Metuh even when the court is yet to hear his case. Yet Falan says he wants to take them to the ICC. What an insult to Nigerians by Yoruba Falana.

    This development by Falana and Buhari which expectedly elicited widespread public outcry clearly betrays an extra-judicial, top political witch-hunt policy of the APC, carefully designed to humiliate, embarrass and portray PDP leaders as common criminals and set the stage to cow and decimate opposition and perceived foes of the government.

    The question remains, if not to mortify, dehumanize and break our National Publicity Secretary, who has been very vocal against the APC administration, and of course to send a signal to others critical of the government, what else would have informed the decision to produce him in court in handcuffs, even when his case does not border on security threat?

    Is this an attempt to sway the court and ambush the judicial process against our National Publicity Secretary, all because of his stance against observed ineptitude and dictatorial tendencies of this administration?

    The PDP invites all Nigerians and the international community to note the emerging barefaced abuse of state power and violation of constitutional provisions regarding the arrest, detention and eventual arraignment of our spokesperson.

  • Gugurus Ekpa

    What a beautiful letter to read. A new day, a new dawn. Light is slowly eclipsing darkness in Nigeria. Evil slowly being shown the door. Nigerians need to get down on their knees and thank God for using people like President Buhari and Falana to go after those who have decidedly mortgaged their soul to the edifice of evil . A new day, a new dawn.

  • Sam Bob-Manuel

    I think it is very typical of Falana. I guess he is still lobbying for his ministerial position ha ha ha ha ha ……..a yuruba man indeed. His pens ran out of ink to write ICC when President GEJ went to America to buy arms and they refused to sell forcing him to buy arms with cash. His eyes where not able to spot the human rights abuses such as the killing of pro-Biafra protesters and over three hundred Shites Muslims in the north. No those are not human rights abuses. He could not take the President to ICC for failing to heed to his advise to obey court orders. Hypocrite. He just want to remain in the good books of President Buhari.

  • TrueNja

    It’s amazing that today’s Femi Falana is now with the Nigerian masses. How I wish the then Femi Falana was with the legendary Gani Fawehinmi in 1999 when the latter fought the then Lagos State governor on corruption. If he had joined Gani, may be Nigeria as a nation won’t be where it is today.

  • Wordchamp

    Falana is fighting for his stomach. Simple and short.

  • Olusola Daniel

    Falana is a “special” kind of man — I don’t know of a more hypocritical and egotistic human being. He’s always using crooked avenues to draw attention to himself and riding on the misfortune of others, whether real or manufactured, to achieve fame. How callous could one be?

    • God dey

      Is that your contribution? Can’t you see the merits of Falana’s action? Pathetic indeed.

  • A Aminu

    The law does not allow for an accused person to be tried twice for the same offence. And Femi knows that. How can he reconcile this dictum of law. Unless if he is referring to other more powerful persons not yet brought to book and he thinks PMB may not have the political will to bring them to trial.

    • aisha ani

      Exactly, Jonathan is number one on the list.

  • judey

    For dragging Okonjo Iweala into this issue, it shows how partisan and parochial Bar. Falana can be.

  • judey

    Who knows Dasuki on the international stage? But by dragging
    Okonjo Iweala into this litigation with ICC, his case will gain prominence and
    have space on the international media.

  • judey

    Falana strategy is very simple: mention Okonjo Iweala in
    this whole mess of DasukiGate and get the attention of the international
    community.

  • judey

    In the last administration, the buck didn’t stop at
    Okonjo Iweala’s table. It stops on the table of Goodluck Jonathan. Jonathan
    should be called to account for what happened during his reign not Okonjo
    Iweala.