The Socio‑Economic Rights and Accountability Project (SER AP) has asked the International Criminal Court to “promptly seek authorisation from the ICC Chamber to commence an investigation into the situation in Nigeria in relation to the growing cases of pre‑election violence, which if not addressed may escalate and lead to post‑election violence in the country.” The petition, dated 11 February 2023, was sent to ICC Prosecutor Karim Khan. SER AP urged Khan to “urgently send the ICC legal team to Nigeria to promote free and fair elections in the country, and gather potential proof of election‑related violence before, during and after the general election.”
The request follows reports of election‑related violence in several states, including Lagos, Rivers and Kaduna. According to the Nigeria Election Violence Tracker compiled by the Armed Conflict Location & Event Data Project and the Centre for Democracy & Development, “over 4,000 cases of violent attacks and 11,000 fatalities were reported across the country between 1 January 2022 and 3 February 2023.” In a petition signed by SER AP’s deputy director Kolawole Oluwadare, the organisation noted that these incidents represent “the gravest election‑related crimes in several states ahead of the general election.” SER AP argued that, based on these cases and similar trends, opening an ICC investigation would serve the interests of justice.
The petition states in part: “SER AP urges you to seek authorisation from the ICC Chamber to commence an investigation into the situation in Nigeria in relation to election‑related violence that may be committed during and after the elections scheduled for February and March 2023. SER AP also urges you to identify the suspected perpetrators of election‑related violence and those individuals who bear the greatest responsibility for encouraging or facilitating these crimes, and to ensure their effective prosecution by the ICC. These are not isolated acts, but part of growing cases of election violence, thus constituting crimes against humanity.”
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