The International Criminal Court (ICC) at The Hague, the Netherlands, has confirmed receiving the petition send to it by human rights activist, Femi Falana (SAN), over the alleged diversion of $8 billion meant for the procurement of arms to fight the Boko Haram insurgency in Nigeria.
This information is contained in a letter dated 1 February 2016 with reference: OTP-CR-32/16 and signed by Mark P. Dillon, Head of Information & Evidence Unit of the ICC sent to Falana by the court.
The letter reads in part: “The Office of the Prosecutor of the International Criminal Court acknowledges receipt of your documents/letter. This communication has been duly entered in the Communications Register of the Office. We will give consideration to this communication, as appropriate, in accordance with the provisions of the Rome Statute of the International Criminal Court.”
Falana had, in a petition dated 19 January 2016, requested the ICC to “investigate allegations of crimes against humanity committed against the Nigerian people by some former and serving military officers 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”.
Specifically Fanala wants the ICC to investigate what he termed allegations of crimes against humanity committed against the Nigerian people by former and serving military officials as wells as public officials and private persons who were said to have diverted the money.
He urged the court 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.
Falana further asked the ICC to urge the Nigerian government to fulfil its obligations under the Rome Statute to cooperate with the court; including complying with requests to arrest and surrender suspected perpetrators of the criminal diversion of security fund, testimony, and provide other support to the ICC.