Acceptance of International Criminal Justice in Nigeria: Legal Compliance, Myth or Reality?

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This chapter explores the acceptance of international criminal justice in Nigeria. Against the backdrop of the ongoing preliminary examinations of the ICC that focus on Boko Haram insurgents and national security forces, this study looks at the domestication of international criminal law in Nigeria. This would be a necessary development for Nigeria in order to be able to process such cases at domestic level. The main focus of the research is on whether the Nigerian Government accepts international criminal justice, as so far the actions of the Government have been inconclusive. On the one hand, the country has ratified several provisions aimed at protecting human rights. On the other hand, Nigeria has allowed ICC-indicted Sudanese President Al-Bashir to enter Nigerian territory without arresting him, as it would be its legal obligation under the Rome Statute. Based on the analysis of legal documents, key informant interviews and focus groups, the study finds that a main challenge lies in the ratification process of the ICC, where responsibilities are not entirely clear. While an ICC bill has been drafted and presented to the National Assembly, not much has happened since and administrative steps have not been completed by the previous Government.