AGF Urges ICC To Halt Investigation Into Nigerian Military
The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has called on the International Criminal Court (ICC) to end its investigation into the Nigerian military, citing the country’s demonstrated commitment to justice and combating terrorism.
Fagbemi made this appeal during the 23rd Session of the Assembly of States Parties to the Rome Statute, held at The Hague, Netherlands.
Fagbemi expressed concern over the prolonged 14-year preliminary examination by the ICC’s Office of the Prosecutor, which he said demoralises Nigerian service members risking their lives in the fight against terrorism. He emphasised that Nigeria’s legal system has the capacity and willingness to address serious crimes, including those committed by Boko Haram, making external intervention unnecessary.
“Nigeria does not fall under the category of states unwilling or unable to prosecute grave crimes,” Fagbemi stated. He highlighted the Nigerian military’s adherence to international humanitarian law and assured that personnel guilty of misconduct are held accountable.
He also underscored the principle of complementarity, which requires the ICC to intervene only when national legal systems fail to address crimes. “The ICC is a court of last resort, and Nigeria has shown it has both the will and mechanisms to ensure justice,” he added.
Fagbemi addressed allegations from a December 2022 Reuters report accusing the Nigerian Army of forced abortions and the intentional killing of children linked to Boko Haram fighters. He highlighted the findings of an independent Special Investigative Panel established by the National Human Rights Commission, which concluded after an eight-month investigation that the allegations were unsubstantiated and exaggerated.
“The Panel’s work and the government’s acceptance of its recommendations clearly demonstrate Nigeria’s commitment to investigating allegations of heinous crimes and ensuring accountability,” Fagbemi said.
Despite urging the ICC to close the investigation, Fagbemi reaffirmed Nigeria’s support for the court’s broader mission and urged the Office of the Prosecutor to disregard unfounded criticisms against the Nigerian military. “Our military has always acted within the law, and we will continue to support the ICC’s essential role in global justice,” he concluded.
