Offokaja Foundation

Category: Advocacy

  • Report On Universal Jurisdiction Of The International Criminal Court

    Universal Jurisdiction of the International Criminal Court: An Insightful Report

    Introduction

    The International Criminal Court (ICC), established by the Rome Statute in 1998, is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. Unlike traditional criminal jurisdictions limited by territorial or national parameters, the ICC embodies a broader legal doctrine: universal jurisdiction. This principle asserts that certain crimes are so heinous that they represent offenses against all of humanity and can therefore be prosecuted by any court, regardless of where the crime was committed or the nationality of the perpetrators or victims.

    The ICC’s Jurisdiction

    The ICC’s jurisdiction is principally based on:

    • Territoriality: Crimes committed within the territory of a State Party.
    • Nationality: Crimes committed by nationals of a State Party.
    • Referral by the United Nations Security Council (UNSC): Under Chapter VII of the UN Charter.
    • Acceptance by a non-party state: A state not party to the Rome Statute may accept the jurisdiction of the ICC on an ad hoc basis.

    The Crimes

    Universal jurisdiction through the ICC can be applied to four core international crimes:

    1. Genocide: Acts with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
    2. Crimes Against Humanity: Widespread or systematic attacks directed against civilians, including murder, enslavement, torture, and rape.
    3. War Crimes: Grave breaches of the Geneva Conventions, such as willful killing and extensive destruction of property.
    4. Crime of Aggression: The planning, preparation, initiation, or execution of an act of using armed force by a state against the sovereignty, territorial integrity, or political independence of another state.

    Limitations and Challenges

    While the ICC is a groundbreaking step towards enforcing international law, it faces limitations and challenges:

    • State Sovereignty: The principle of universal jurisdiction can clash with the concept of state sovereignty.
    • Political Will: The ICC relies on the cooperation of states for arrest and surrender of suspects, which can be influenced by political interests.
    • Selective Jurisdiction: The requirement of UNSC referral for non-State Parties can lead to selective enforcement.
    • Resource Constraints: Limited resources can impede the ability of the ICC to pursue all cases falling under its jurisdiction.

    Conclusion

    The ICC’s incorporation of the universal jurisdiction principle signifies an evolution in holding perpetrators of the most serious crimes accountable. With appropriate support from the international community, the ICC could strengthen its role in the pursuit of global justice. However, the court’s full potential depends on overcoming the attendant challenges, especially relating to state cooperation and political influence. As global attitudes towards sovereignty and jurisdiction evolve, so too may the efficacy and reach of the International Criminal Court.

  • Administrative Remedies For Unfair Electricity Disconnection

    It pains Nigerians when they look around the other houses in there neighborhood and see that only them do not have electricity supply. E dey pain eh!

    But that is sometimes the reality. And sometimes this is because the electricity distribution company (disco) abruptly cut their electricity supply, sometimes without even informing the consumer.

    According to consumer protection regulations the disco is supposed to provide reliable electricity for consumers and tell them before disconnecting their electricity supply.

    Sometimes Nigerian consumers may decide to see a lawyer but may back down if the cost of taking the case to court is too much. We have also heard or seen stories of Nigerian consumers who take the law into their own hands and thus get on the wrong side of the law.

    But the National Electricity Regulation Commission NERC has provided a cheaper and legal way that may be used to pursue such issues without breaking the bank or committing an offence that could lead to arrest and prosecution. That is what we will talk about today.

    Please note the information provided in this article is general in nature and should not be considered a substitute for personalized legal advice.

    If an electricity consumer feels their electricity supply has been unfairly disconnected, they can send an email of their complaint to their disco
    including in that email details about the alleged unfair disconnection such as meter number, and phone number to facilitate communication in resolving the issue.

    The consumer can get the official customer complaint email address and phone numbers of their electricity distribution company from this resource article provided by NERC. When on the page they can click on their own disco to get it’s contact details.

    Contact through the disco’s email address can help the consumer document the process in case it is needed for future reference.

    The serial number in the disco’s response email can be useful for tracking the complaint through phone calls. So, the consumer should consider writing it out.

    The general rule in this kind of complaint is to give the disco a chance of one month to see if they’ll rectify the issue complained about.

    If the electricity consumer’s concerns aren’t addressed within a month, he/she may consider escalating the matter to NERC itself by writing a complaint to NERC and attaching a copy of the complaint earlier sent to the disco.

    NERC has binding powers over the discos, and can enforce corrections if the consumer has truly faced unjust disconnection. NERC has various appeal stages if the consumer is dissatisfied.

    It is hoped that along the route from complaining to the disco to the various escalation steps the consumer gets effective remedy.

  • Human Rights: Spiking Medicine Costs Should Be Struck Down

    Human Rights: Spiking Medicine Costs Should Be Struck Down

    The right to health is a very essential human right. When the right to health is realized, other rights can easily be realized.

    Apart from food and water, one of the most important things to have is medicine. Food and water can sustain a healthy body. Medicine can nurse an unhealthy body back to health.

    The Universal Declaration of Human Rights provides in Article that, “

    (1) Everyone has the right to a standard
    of living adequate for the health and
    wellbeing of himself and of his family,
    including… medical care and necessary social services, and the right to security in
    the event of … sickness, disability, widowhood, old age or other
    lack of livelihood in circumstances
    beyond his control.”

    There is no way to have health if medical care is too expensive and government doesn’t do anything to restore the health security of it’s citizens so they can afford adequate medical care including medicines.

    Before now Nigeria was already grappling with the japa syndrome where Nigerian doctors have been lured out of the country in very large numbers. Many doctors simply got fed up with the situation in the country. Now, there is a dent in the availability of doctors in Nigeria.

    Pharmaceutical Japa

    It now seems that a new issue is cropping up. The creeping rise of medicine cost beyond the reach of the average Nigerian. This is mainly because pharmaceutical companies have been packing up and leaving the country.

    The other day, we wrote about the sudden high rise in the cost of inhalers for asthma. Inhalers like Seretide. Then just a few days ago, social media became awash with reports that the general price of Augmentin antibiotics has spiked from about N7000 to about N57000.

    This is not good. Apart from hunger, another malady that must be avoided for the citizenry is illness without the ability to buy medication. Hunger can become very dangerous if one doesn’t eat in a few weeks. In the same way, many illnesses can become extremely harmful if a sick person doesn’t get treated on time. Sometimes such illnesses require urgent attention to nurse the patient back to health.

    Nigerians have faced a lot since the recession of 2015. The government has an obligation to fulfill the right to health of Nigerians.

    The government should bring down the rising prices of medicines through introduction of subsidies and effective engagement with pharmaceutical companies to invcentivise them to stay on in Nigeria.

  • The Need For Universality Of The Rome Statute Of The International Criminal Court

    The Need For Universality Of The Rome Statute Of The International Criminal Court

    The Rome Statute is the treaty that established the International Criminal Court. The International Criminal Court, ICC, was established to bring an end to international crimes like genocide, war crimes, crimes against humanity and crimes of aggression.

    And the Rome Statute has the potential to very effectively reduce the spate of international crime in the world.

    But at the moment, only a number of states have acceded to it or ratified it. This has reduced its jurisdiction or the amount of cases it can try.

    We can get a world where international crime becomes effectively reduced. But for that to happen we need to transform this limited jurisdiction into a universal jurisdiction.

    The ICC should be able to try cases of international crime regardless of territory or nationality.

    What You Can Do To Promote Universality Of The Rome Statute

    If your country has not ratified/acceded to the Rome Statute, you can help. How?You can share this message to create more awareness of the need for universality of the statute.

    Check if your country is a State Party to the Rome Statute here.

    And if your country has, you can also share it to build support for universality of the Rome Statute that may gain traction or gain international attention.

    At the end of the day, we are all also, members of the same global village. Perhaps, your involvement can be the spark needed to bring meaningful change in the steps to a better and more just world.

    There is also the responsibility of the ICC to Always do its best to avoid politicization. This will increase confidence in the Rome Statute and attract more supporters.

    There is the responsibility of States to give maximum unqualified support to the ICC to enable it achieve a more just world. This support includes financial support needed to carry out effective investigations. Stakeholders should also consider establishing an endowment fund for the ICC. This fund must be shielded from the influence of special interests and must also have effective oversight to promote maximal accountability.

    The Prince and Princess Charles Offokaja Foundation is a member of the Coalition for the International Criminal Court.

  • Why Gov’t Must Slash Prize Of Inhalers For Asthma

    Why Gov’t Must Slash Prize Of Inhalers For Asthma

    Since the exit of the pharmaceutical giants from the Nigeria the price of inhalers for asthma like Seretide and Ventolin have hit the roof. Investigations reveal that Seretide currently sells for up to N50,000 in some pharmacies.

    An online listing for the inhaler even listed it’s price as N70,000 in a country where the minimum monthly wage is N30,000. How would a worker earning N30,000 afford this inhaler for asthma if it isn’t subsidized?

    Asthma is a respiratory illness that can lead to medical emergency in a very short while if an inhaler isn’t around for the patient to use.

    The economy in Nigeria is in difficult straits. There’s a lot of unemployment and underemployment. Many people earn below N50,000 per month.

    One can imagine how difficult it would be for such a person to afford an asthma medication like Seretide. They have other essential needs, such as food which they have to spend on which could suffer. We know that lack of food itself can lead to health complications over time.

    This is where the government has to come in. There’s a need for the government to subsidize inhalers for asthma and indeed other critically needed medical products.

    But an issue as medical treatment must always be affordable. The right to health is a very basic right that should not be trifled with. And if medications become to expensive for millions of Nigerians, it’s not a good thing at all!

    There are not enough affordable ambulances in the country to quickly drive the sick to hospitals. So the sick need affordable prescription and over-the-counter medicines to prevent medical emergencies from occuring in the first place.

    Government also needs to urgently sit down with the pharmaceutical companies and find out their most urgent needs. This could slow down the rising trend of them divesting from the country.