Human Rights Lawyer, Femi Falana. Photo: NEXT

Falana calls for al-Bashir's arrest

By Nicholas Ibekwe

October 27, 2009 02:18AM

Human right lawyer and the president of the West African Bar Association Femi Falana has called on Nigeria's President, Umaru Yar'Adua, to arrest the Sudanese President, Omar al-Bashir, during his planned visit to Nigeria. Mr. Falana made the call in an open letter dated the October 25 and addressed to Mr. Yar'Adua.

Mr. al-Bashir has expressed his willingness to visit the country to attend the African Union Peace and Security Council meeting on Dafur in Abuja. The meeting is scheduled to start on October 29, 2009. In the letter Mr. Falana reminded the Mr. Yar'Adua that the Sudanese president is a wanted man. "President al-Bashir is wanted by the International Criminal Court (ICC) on charges of war crimes and crimes against humanity, following an arrest warrant for him issued by the ICC on 4 March 2009", he said.

Mr. Falana expressed worries over reports that Mr. Yar'Adua has given assurances that Mr. al-Bashir will not be arrested if he comes to Nigeria. "Any assurances by Nigeria not to arrest President al-Bashir will amount to a grave breach of Nigeria's international legal obligations, including those under the Rome Statute of the International Criminal Court and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment".

While reminding Mr. Yar'Adua that "Nigeria has a responsibility to cooperate with the ICC in its investigation and prosecution of crimes within the jurisdiction of the court", Mr. Falana said that Nigeria cannot "legally refuse to comply with the demand of the of the ICC as contained in the warrant issued by the court without the risk of facing sanctions by the United Nations Security Council".

He, subsequently cited Article 87 (7) of the Rome Statute, which says that "where a State party fails to comply with a request to cooperate by the Court, the Court may refer the matter to the Security Council" to highlight its position.

In addition, Mr. Falana was of the opinion that Mr. Yar'Adua stands the risk of being accused of double standard if in his position as the current Chairman of the Economic Community of West African State (ECOWAS), he endorsed the position of the ICC with respect to Guinea, but is refusing to act on the warrant of arrest placed on Mr. al Bashir by the same court. Thus he appealed with the Mr. Yar'Adua administration to "ensure consistency in its support and cooperation with the ICC by ensuring that Mr. al-Bashir is arrested and surrendered to the ICC to face the charges of crimes against humanity and war crimes against him".

Mr. Falana called on Mr. Yar'Adua to stop applying principles of international law to claim immunity for Mr. al-Bashir in the face of "the grave allegations against him." He described such principles as outdated, saying that they will further "present him with a blanket reprieve and impunity for acts he is alleged to have committed against the very core of humanity."

According to Mr. Falana, "A progressive interpretation of international law in accordance with the fundamental principle of human dignity suggests that the position of any accused as Head of State does not relieve that person of criminal responsibility nor does it mitigate punishment". Therefore, he said that "Nigeria will not breach any international law by arresting and surrendering him (Mr. al-Bashir) to the ICC."

Back

Dear Reader.
While we value your feedback we may block inappropriate comment. Please feel free to respond to new comments. Note also that 234NEXT bears no responsibility for what readers post and is not liable for any form of impersonation.

Reader Comments (9)

Posted by aruba in Diaspora on Oct 27 2009

Good point Mr. Falana. I am 100% in support of this. Mr. al-Bashir is a murderer that must be brought to justice, plain and simple.

Posted by Ayodele Enitan Alabi on Oct 27 2009

Every step this government makes shows how clueless they really are...Yar'adua must be even more of a fool than I thought he was

Posted by Adejoju on Oct 27 2009

Am very ashamy to Mr. Falana with what have said. Because i thought 'a wise man could always be with wisdom forever' if 'ICC'International Criminal Court can not presiding equall justification on every part of world it means injustice are reign within who call themself supper power in the world(U.S,France e.t.c) Mr.Bush the most wanted in the world he created affliction,confussion,killing also economy Melt down in world through his estabilishment of war to Iraq,Afganistan,Palestine e.t.c even the Niger/Delta problem he is one behind it,Mr. Falana should know if Al Bashir can arrest and face criminal court Who will arrest Former U.S President Tyrant BUSH, i know for sure everything has is own time.Foolish U.N,morron of them.Nigerian we are not American and U.N Dog no no no we reject it

Posted by Adejoju on Oct 27 2009

Mr. Falana should not comment on arrest of Al Bashir where is Bush kill many in Iraq.Afganistan,Palestine e.t.c most wanted man in our time,Murder of civillian and army,waster of innocent soul,pls we need your comment on him ICC is only favour people in U.N e.g America and BUSH.we need right judgment on them.stop bad advise to President Yar'adua

Posted by Adejoju on Oct 27 2009

Posted by IGBO MAN on Oct 27 2009

But what is he comming to do in Nigeria, I guess that Yaradua should stop him from visiting.

Posted by Tunde Busari on Oct 27 2009

I am in support of the call for al-Bashir's arrest by Falana. Whoever is responsible for actions or inactions that has led to the death of lives should be brought to justice. My brother who is not in support of the call for al-Bashir's arrest should take note that the call to answer to the charges by the ICC does not mean his guilt has been pronounced, its just for him to explain his role. If he is not culpable, then he can walk home, THAT'S ALL.

Posted by Candido on Oct 27 2009

Yaradua cannot arrest al-Bashir because they're of the same ilk. Al-Bashir is pursuing a policy of Arab supremacy in Sudan while Yaradua is pursuing a policy of Fulani supremacy in Nigeria. How then do we think Yaradua will go after his fellow racist supremacist?

Posted by abdulmumeen on Oct 27 2009

Good point by Falana but may i remin u that there're over 5m Nigerians leaving in Sudan and there may be reprisals attacks against them if Nigeria try to hold El-Bashir.