Chief Femi Falana (SAN) has sued the former National Security Adviser (NSA),Colonel Sambo Dasuki(retd), military officers and other prominent Nigerians at the International Criminal Court (ICC), for their role in the diversion of the $2.1 billion earmarked for the procurement of equipment for the armed forces to fight BokoHaram insurgency for crime against humanity.
The request is contained in a petition of January 19 to the Prosecutor of the ICC, Mrs Fatou Bensouda. The human rights lawyer urged the ICC prosecutor to investigate the allegations of the diversion of the security fund of $2.1 billion and N643 billion earmarked “by suspected perpetrators, with a view to determining whether these amount to crimes against humanity within the Court’s jurisdiction”.
He urged the court to invite representatives of the Federal Government to provide written or oral testimony. The lawyer pleaded with the prosecutor to bring to justice those suspected to have deliberately underfunded the armed forces through widespread and systematic corruption.
He said as defence counsel for the majority of the members of the Armed Forces of the Republic of Nigeria charged with mutiny, cowardly behaviour and sundry offences before the courts-martial instituted by the former military authorities, he was ready to demonstrate that the only “offence” proved against them in the military courts was that they had the temerity to demand for weapons to fight the well- equipped troops of the Boko Haram sect. Falana, who made references to the damning revelations from the probe into the arms fund, said “On account of the deliberate refusal of the former military authorities to equip and motivate the members of the armed forces involved in combat operations, the insurgents have killed about 25,000 soldiers and civilians including children and displaced over 2,000,000 people. Having compromised the security of the people of Nigeria by collaborating with the terrorists the former military authorities deliberately encouraged the brutal killing of innocent people including ill-equipped officers and soldiers.”
He also accused former Finance Minister, Dr Ngozi Okonjo-Iweala of complicity in the arms scandal for failing “to prevent widespread and systematic corruption including the re-looting of the Abacha loot.” Falana pointed out that the probe conducted by the Presidential Panel on arms’ procurement established that the bulk of the sum of $2.1 billion and N643 billion ($4 billion) earmarked for the purchase of military hardware as well as the sum of $2billion and N29billion set aside for the procurement of fighters jets and other equipment for the Air Force, to fight terrorism was criminally diverted by the former government through the office of the National Security Adviser, Col. Sambo Dasuki (rtd).
He also asked the ICC prosecutor to: “Urgently commence an investigation proprio motu on the allegations of the criminal diversion of the security fund of $2.1 billion and N643 billion earmarked by suspected perpetrators, with a view to determining whether these amount to crimes against humanity within the court’s jurisdiction.”
