Buhari at the ICC: Desecrating the International Humans Right System.

by Eze Eluchie

The crowning event of the 20^th anniversary commemorations of the coming into force of the Rome Statute of International Criminal Court (ICC) was unwittingly turned into the fall from lofty heights of the ICC with the calibre of person who was invited to stain the hallowed walkways and chambers of the erstwhile reputable institution.

When the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court adopted the Rome Statute on the 17^th of July 1998, there had been universal celebration and expectations that the immunity tyrants across the world accorded themselves for hurts and crimes they commit within their territories would be brought to an end by the internationalization of responsibilities, jurisdiction and consequences for atrocities no matter where committed and by whosoever. The mandate of the ICC established under the Rome Statute gave the ICC wide ranging powers to investigate, prosecute and punish persons, no matter what positions they occupy, who commit specified vile and heinous crimes, such as Genocides, Crimes against humanity, and other mass atrocities.

In keeping with its mandate and to the admiration of all lovers of humanity, the ICC undertook laudable interventions to hold perpetrators of mass atrocities in Congo DRC, Darfur, Sudan and Kenya, amongst other countries, to account. It was also expected that with multiple and widespread cases of well orchestrated and organized acts of mass atrocities being witnessed across the globe in such diverse territories as Syria, Nicaragua, Nigeria, Venezuela, Uganda, Congo DRC., North Korea amongst others, that the 20^th anniversary of the Rome Statute will serve to create renewed impetus and vigour to energize the ICC establishment to effectively pursue and actualize its mandate.  

With an announcement which jolted the International Human Rights community and was obviously made to mock efforts at ensuring accountability for the various atrocities committed by it and launder the image of the increasingly despotic and anti-democratic regime, the Government of Nigeria announced that the Nigerian President, Muhammadu Buhari had been ‘invited’ by the ICC to be a Guest Speaker at events commemorating the 20^th anniversary of the Rome Statute.

The shock of the announcement, which was made barely 48 hours to the event, was palpable across the world and caught activists worldwide flat-footed, as there was little to no time to effectively react to what was clearly a most unthought out gaffe by the ICC. The announcement coming a few weeks after the Nigerian Attorney General had announced that the Nigerian government was under active investigations by the ICC, on account of several atrocities committed in the course of the current governments existence, was to say the least, quite shocking and gave rise to suspicions that untoward and spurious ‘arrangements’ might have been effected to ensure and secure the ‘invite’.

The invite automatically stimulates a plethora of questions: The Head of a government under several active and ongoing investigations by the Office of the Prosecutor of the ICC, being invited to speak at the ICC?  A Muhammadu Buhari under whose tenure over a thousand Shiite Muslims were slaughtered in Zaria (Kaduna State, North-Central Nigeria), under flimsy pretexts? the Muhammadu Buhari under whose command unarmed pro-Biafra protesters were mowed down by soldiers in Aba (Abia State, South-Eastern Nigeria); A Muhammadu Buhari who has repeatedly asked the victims of ethnic cleansing being perpetuated by Herdsmen to go back and co-habit/accommodate their killers whilst his soldiers looked the other way as the atrocities were being committed?; A Muhammadu Buhari who had confessed to partaking in the Biafra genocide where over 2 million persons had been killed? The same Muhammadu Buhari whose ‘law enforcement’ officials are framing up opposition politicians and embarking on intense witch-hunting exercises to targeted segments of the Nigerian population?; and a plethora of other minuses. And this is the character that the ICC found worthy to grace and speak at the 20^th anniversary commemorations of the Rome Statute?

Other germane questions now ensuing include: Why was Kenyan President, Uhuru Kenyatta, hounded with relish by the ICC despite clear evidence that the entire prosecution was a fabrication of external elements distant from Kenya? Was the pursuit of Libya’s Saif al-Islam Ghadaffi and Cote D’Ivoire’s Laurent Gbagbo by the ICC based on non-altruistic considerations? What really did Sudanese ruler, Omar al-Bashir commit to deserve the ICC’s ire that the ‘invited speaker’ at the ICC 20^th anniversary has not surpassed? Were those being ‘investigated’ and ‘prosecuted’ by the ICC unable to meet up with some other thrifty considerations which the Nigerian ruler easily met, to warrant the unfortunate invitation, rather than formal arrest and prosecution?

If a Buhari could have been invited to speak, why not Omar al-Bashir?

One begins to wonder if ICC Prosecutor, Fatou Bensouda and the Justices of the ICC did not feel the sticky wetness of congealed blood of innocents as they shook hands with Buhari whilst welcoming him to the ICC Headquarters in The Hague. As Buhari’s mostly incoherent ramblings filled the Chambers of the ICC during his presentations, did the audience not hear the eerie whisper of the voice of the thousands of innocent victims who were forcefully translated to the great beyond under Buhari’s watch and rulership?

It is such actions, as the invitation extended to a fascist ruler to hobnob with authorities and instruments meant to advance the course of international human rights and justice, which justify the withdrawal of the United States from erstwhile pivotal agencies for the advancement of human rights and justice such as the United Nations Human Rights Council.  

The International Criminal Justice system took a deep cut when the Nigerian ruler was admitted to the Chambers of the ICC, not as a suspect undergoing trial but as a ‘speaker’.  It is highly contestable whether the system will survive such a fundamental assault. A thorough cleansing of the now jaundiced system is required – a truly sad day for international human rights, Justice and Humanity generally.

Picture: Nigeria’s ruler, Muhammadu Buhari, delivering his speech at the ICC on 17^th July 2019

The US & Her Allies: The Dog Refuses to be Wagged by its Tail.

by Eze Eluchie,

The scenario had been often repeated: relatively less endowed countries will deliberately provoke a crisis, fully conscious of the fact that their success can only be guaranteed if Big Brother gets involved in the crisis. Big Brother gets goaded to take up the crisis as its own and the less endowed states merely contribute peripheral resources towards addressing the crisis – a situation commonly known as ‘the tail wagging the dog scenario’. All manners of adjectives have been coined (such as ‘special relationship’, ‘shared fundamental values’ and ‘Blood Allies’) to cajole Big Brother to continue in this very expensive vocation - a vocation that leaves Big Brother lagging behind its allies in virtually all facets of societal advancement – from academics, citizen social welfare programs, public infrastructure and general quality of life.

Over the years, the United States has found itself routinely led into conflicts in which it clearly had non-defined goals nor identifiable gains, save for the fact that its ‘allies’ had urged it on and convinced it that there was a threat to the ‘shared interests’ – the brutal murder and consequent destruction of Libya initiated by the United kingdom and France, into which the US was dragged into typifies this situation. 

The above graphic illustration expresses the relationship between the United States of America and its so-called special allies – Western European countries, Canada, Japan and South Korea. Well, that was the situation till the emergence of Donald Trump as the 45^th President of the United States.

Having rode into office on an unambiguous promise to prioritize America’s interest (with the slogan ‘America First’), Trump started off his stay in office with clear signs of his intentions to abide with a clearly Americacentric stance that does not recognize any ‘special relationship status’, or ‘allies’ except with the American people and American interests. The shock withdrawal from the Paris Agreement on Climate Change sent shock waves across the world which clearly did not sink in the message down enough to those who had considered themselves as ‘special allies’, as they continued to act in a condescending manner believing that they will eventually ‘curb’ the excesses of POTUS.

To curb Trump’s ‘America First’ appetite and ensure the ‘special relationship’ amongst allies, the allies appear to have crafted ingenious arrangements to ensure continuing US involvement in global affairs. A few days after the Trump administration had announced its intention to withdraw US troops in Syria, a chemical weapon attack was ‘announced’, and in a move unheralded in the annals of international military coalition efforts, targeted punitive military strikes were coordinated against Syria, long before an investigation team had been empanelled to look into the allegations. The ‘America First’ resolve had been put to test, and appeared to have wavered.

In like manner, an ‘attempted murder by military-grade nerve agent poisoning’ was drummed up – and as was the case with the alleged Syrian chemical weapon attack, without tangible evidence, a perpetrator was ‘named’ and the US was, again, steamrolled into engaging in diplomatic missives to ensure it was in tune with its ‘allies’ and special status friends.

The successes with the Syrian chemical weapon and Salisbury stories fooled the European allies into thinking that despite his public brashness and boisterous nature, US President, Donald Trump can be made to easily tow the old generous benefactor/Big-Brother stance the US had become used to. This cock-sure attitude of the European allies gave rise to such ridiculous happenings as the French President, prior to a visit to the US, publicly boasted of his ability to get Trump to change his stance on the Iran Nuclear Agreement (the JCPoA) and on Trade Tariffs. Boy, Macron and the allies were in for the shock of their lives.

As the long scheduled G-7 meetings in Canada approached, it dawned on all that the once close-knit blood allies were headed for a make-or-mar summit that would crystallize the role of the US as ever reliable ‘Big Brother’ who was ever ready to pick up his allies bills or make it explicit to the allies that there was a new kid-in-the-block who truly meant his words when he says ‘America First’.

US Government announcement of imposition of tariff on steel and alumina products from its allies (Canada, Mexico, the EU States and Japan amongst others), a few weeks to the Canada G-7 meet where there would be a face-to-face meeting with the leaders of the allies made it clear to all but the discerning that Trump was not joking when he says ‘America First’. Verbal missiles were already flying between Big Brother and the allies as the dates for the Summit approached.  

To add fodder to the schism between the US and other G-7 member States, POTUS prior to departing for the summit, floated the idea of readmitting Russia to the fold – a suggestion that was immediately rebuffed by other European G-7 countries. The divergence between POTUS and other G-7 leaders were palpable and some media outfits reported the likelihood of fisticuffs if sufficient distance was not maintained between the leaders.

The Canada G-7 summit has come and gone, the rest as the saying goes is history. The US came out of that summit clearly notifying its allies that the days when it served as the local piggy bank which all and sundry fleeced at will had passed and all must bear their own portion of responsibilities.

The effect of the stance now adopted by the US is bound to restructure global order and signal critical shifts in inter-State relationships, particularly in the areas of global economic and political order.

The continuing inability and or unwillingness of political leaders in the African continent to leverage on the changing dynamics in the relationship between the US and its allies to chart new parts that will ease the shackles of underdevelopment for their various countries continue to baffle and amaze.

As Americans continue to applaud and appreciate the Trump administration particularly for its positive effect on US economy, with an ever increasing likelihood of a second tenure assured, there appears to be yet more time for the impact of ‘America First’ philosophy to sink in and countries across the world to adjust to the new realities unfolded by a global super-power focused on primarily advancing its own interests and which refuses for its junior allies to control her or to be waged by its tail.

Picture: President Donald Trump surrounded by other G-7 leaders (Angela Merkel of Germany, Theresa may of the UK, Emmanuel Macron of France, Shizo Abe of Japan and their aides), who appeared perplexed and helpless by the position taken by the US on various issues.

Buhari’s Government Brazenly Steals US$462 Million: All Pretense at Anti-Corruption Stance Goes Up in Flames.

by Eze Eluchie, 

When after one of their several nocturnal meetings, a group of ruling party State Governors, hiding under the pretext of the ‘Nigeria Governors Forum’ (NGF), an ultra-constitutional arrangement unknown to the Nigerian constitution, announced that State Governors had decided to approve that the princely sum of One Billion Dollars (US$ 1,000,000,000) be withdrawn from the Consolidated Revenue of the Federation for the purpose of prosecuting the ‘war against terrorism/Boko Haram, discerning Nigerians and members of the National Assembly had in one voice condemned such move as clearly unconstitutional and unprecedented in   the checkered history of Nigeria.

Federal and State legislators and informed Nigerians had made it explicitly clear to the said Governors that they lacked the powers to, by fiat, give away monies belonging to their various States to the Federal Government to expend for whatsoever purposes. In the same vein, the Federal Government was reminded that it could not of its own volition, without appropriation by the National Assembly, expend public funds. The illegitimate nature of the US$1 Billion ‘security gift to the Federal government’ was further brought to the fore by the staunch denial of any involvement whatsoever in such a clandestine arrangement by the Governor of Ekiti State, Ayodele Fayose, who categorically asserted, and rightfully so, that granting such authority to expend funds to the Federal Government was inimical to the spirit and intendments of the Nigerian constitution.

An integral aspect of the Presidential System of government is an inbuilt system of checks and balances which ensures that no single arm of government (amongst the three arms, to wit: the Executive, the Legislature and the Judiciary) becomes over domineering and develops dictatorial mannerisms. The check systems serve to maintain a balance in the polity and mutual confidence amongst, on the one hand, the various arms of government and on the other between the arms of government and the civil population.

In the light of the foregoing and in view of explicit provisions in Section 80 of the Constitution of the Federal Republic of Nigeria which makes it compulsory that appropriation by the Legislature be first obtained prior to any funds being expended by the government, it was thus with consternation and shock that Nigerians were carelessly informed via reports emanating from officials of the Presidency, that President Muhammadu Buhari, had of his own volition, without recourse to or any request being made or approval obtained from the National Assembly, withdrawn sums in excess of Four Hundred and Sixty Million United States Dollars (US$ 460+million) purportedly for the purchase of some military equipment from the United States.

Withdrawal of funds from the public treasury and spending same without Legislative approval, technically and practically, tantamount to stealing public funds. In very clear cut terms, the Buhari administration, which sailed into office on the platform of tackling corruption andn has pontificated, since it’s inception, on a so-called ‘war against corruption’, has suddenly found itself caught pants down, with its hand not only buried deep in the public coffers, but also soiled with illicitly procuring and expenditure of public funds.

The brazenness of this particular heist, having been carried out in the face of stiff warnings and opposition to it’s perpetuation from concerned quarters brought to the fore the impunity and high-handedness of the Buuhari-led Federal Government and the total disdain with which the head of the regime holds due process, Constitutionalism and reverence for other arms of government.   

The revelations, now being unearthed, that the military equipment (10 units of United States produced Super Tucano attack planes) on which the stolen public funds were expended upon, were heavily over-inflated, probably gives an insight into why the Buhari government did all in its powers to ensure that the Jets were procured without approval from the National Assembly. Clearly, after this episode, all pretence by the Buhari regime to having anything to do with efforts at addressing corruption can only be uttered as a joke.

Picture:

In a comical manner, soon after the heist was exposed and the public had been made aware that the President had criminally withdrawn and expended public funds without Legislative approval, President Buhari, sent in a belated ‘Request for Approval’ document for funds which had already been expended – this letter was read on the floor of the House of Representatives several weeks after the funds had been spent.

With benefit of hindsight, it is important to note that one of the reasons why, as a military dictator in 1984, then General Muhammadu Buhari had imprisoned former Vice President Alex Ekwueme, was that the then Vice President had expended public funds without legislative approval. It is thus only reasonable now to demand that the full weight of the law be visited on President Buhari for the unconstitutional and criminal withdrawal and expenditure of public funds without legislative approval.

The National Assembly is thus urged, to as a matter of urgent national importance and for the safeguard of the public trust and confidence in the democratic governance of the polity, for impeachment processes to be commenced against President Buhari.

Picture: US-built Super Tucano attack planes which the Buhari regime claims to have purchased with funds illegality withdrawn and expended from the public treasury in Nigeria.