The Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, has urged the International Criminal Court (ICC) to terminate its ongoing investigation of the Nigerian military.
Speaking at the 23rd Session of the Assembly of States Parties to the Rome Statute in The Hague, Netherlands, Fagbemi emphasized Nigeria’s commitment to justice and counter-terrorism efforts.
The Senior Advocate of Nigeria decried the prolonged 14-year preliminary examination by the ICC’s Office of the Prosecutor into alleged crimes in Nigeria. He argued that the delay demoralizes service members risking their lives to protect the nation from terrorism. According to Fagbemi, Nigeria’s military adheres to international humanitarian law, ensuring accountability for personnel found guilty of misconduct.
“While we respect the court’s mandate to intervene when states are unable or unwilling to prosecute such crimes, it is important to emphasize the principle of complementarity,” Fagbemi stated. He further affirmed, “The ICC is meant to act as a court of last resort. Nigeria does not fall under such a situation.”
Evidence of Nigeria’s Accountability
Fagbemi highlighted the country’s active measures to address serious crimes, including those committed by Boko Haram and other terrorist groups. He pointed to the Nigerian military’s robust systems for ensuring operations comply with international humanitarian and human rights laws.
The AGF also addressed allegations reported by Reuters in December 2022, which claimed the Nigerian Army had carried out forced abortions and targeted killings of children associated with Boko Haram fighters. In response, he outlined Nigeria’s establishment of an independent Special Investigative Panel by the National Human Rights Commission to probe these allegations. After an eight-month investigation, the panel found no evidence to substantiate the claims.
“The allegations of killings, torture, and the recruitment of underage fighters have been proven to be false and exaggerated,” Fagbemi said. He underscored that the government’s acceptance of the panel’s recommendations demonstrated political will to uphold justice.
Appeal to the ICC
Reaffirming Nigeria’s capacity to address heinous crimes, Fagbemi urged the ICC’s Office of the Prosecutor to disregard baseless criticisms against the Nigerian military. He pledged continued support for the ICC’s work while maintaining that Nigeria remains fully capable of addressing its domestic issues in line with international legal standards.
“Our nation has consistently shown both the will and capacity to investigate and prosecute serious crimes,” he concluded. Fagbemi reiterated Nigeria’s dedication to justice and commended the military for its sacrifices in combating terrorism.
