Letter To ICC On Xenophobia

9^th September, 2019.

Information and Evidence Unit,

Office of the Prosecutor,

Post Office Box 19519,

2500 CM The Hague,

The Netherlands.

Dear Sir,

PETITION AGAINST CRIMES AGAINST HUMANITY ALLEGEDLY PERPETRATED BY SOME SOUTH-AFRICAN NATIONALS AGAINST SOME NIGERIAN NATIONALS WHO RESIDE AND CARRY OUT BUSINESSES IN SOUTH-AFRICA AND CALL FOR NECESSARY INVESTIGATION, DUE PROSECUTION OF PERPETRATORS OF THE CRIMES AND CALL FOR COMPENSATION FOR VICTIMS OF THE CRIMES AGAINST HUMANITY

The above subject matter refers, please.

I am a human and Socio-economic Rights Activist and a Nigerian legal practitioner, practising and resident in Nigeria.

It is with dismay that I had taken observation of the recent unacceptable violence against Nigerians residing and or doing businesses in South-Africa starting for quite some years and in the recent time, about two (2) weeks ago in the Johannesburg CBD,in Pretoria, Malvern, Turffontein and Krugersdorp, and some likely areas of South-Africa where shops were reportedly looted and lives of some Nigerians were attacked and killed. I have viewed that this reaction is likely to be as a result of xenophobic reaction of the alleged South-Africans and inclusive (perhaps) the South-African authorities against Nigeria and or Nigerians. Furthermore, the South-African government’s authorities have not been seen to have taken proactive measures in bringing the perpetrators of this criminal act to justice, perhaps because the perpetrators are citizens of South-Africa. Also, some of these perpetrators have been said to have been arrested by the South-African authority and kept in custody and were promised to face prosecution. However, the reactions of the said South-African authority (inclusive of the allegedly reported defamatory comments made by the South-African Foreign Minister-NalediPandor- of recent in reaction to the xenophobic attack that Nigerians should repent from drug addictions, the statement which I find not to be appropriate in the present circumstance) too has not helped the situation which could result to a tacit approval of the crime against humanity and the aggression against the Nigerian nationals. Also, the lukewarm attitude of the South-African authority in arresting the situation (which in my humble view has aided the crimes to degenerate) has proved the South-African authority as not being fit enough to handle the matter and duly bring the perpetrators to book with manifest justice. I therefore petition the International Court of Justice through your good office to take over the entire case and duly investigate same with due prosecution in ensuring manifest justice and to compel compensation against the alleged perpetrators and in favour of the victims and or the victims’ family.

It is my humble submission that no one has the right to take the life of another unlawfully (no matter the grievance) except by the instrument of law and any intentional act and or omission leading to the killing of another National or person (such as Nigerian nationals) and destroying their property as well as sending them out of the country with threat to their lives and destruction of their property is unlawful, illegal and are is in breach of international human rights laws and the Rome Statute against crimes against humanity among others!

My prayer/formal request here is for justice to prevail in this circumstance which I believe that the International Criminal Court is very capable to handle the situation by taking over the entire case and duly investigate same with due prosecution in ensuring manifest justice and to compel compensation against the alleged perpetrators in favour of the victims and or the victims’ family.

While I expect a timely response from your good office and assurance that this petition would be duly considered for immediate necessary action, please accept the assurances of my warm professional regards.

Yours faithfully,