A few ppl are asking for a steer on the news that @MBuhari has nominated #Nigeria's immediate past #ServiceChiefs to be non-career ambassadors. Some are worried that a diplomatic passport may grant them roving impunity. So, let me explain briefly [THREAD]
Briefly, this isn't exactly good news for the former #ServiceChiefs. To begin with, to enjoy #SovereignImmunity (that's what it's called) in international law, they have to be accredited to another sovereign as Nigeria's ambassadors. Carrying a diplomatic passport isn't enough
Separately, that other country has to agree to accredit them. I suspect with the record of at least some of them, few credible countries will do so. They cld, of course, be accredited to Myanmar's Generals or to Putin's Russia or to Venezuela or Zimbabwe.
In any OSCE country, for instance, any effort to deploy them as ambassadors wld almost be guaranteed to end up in a raucous domestic & diplomatic mess & will be resisted seriously. In all likelihood, they will not pass muster with those countries.
There is no immunity for crimes under or within the scope of the Rome Statute generally. None of these former #ServiceChiefs is a Head of State, so there is not even any debate about this one.
It may be notable that the Prosecutor of the @IntlCrimCourt has decided to initiate formal processes for an investigation into atrocities in #Nigeria, including possible or alleged crimes by @HQNigerianArmy under the command of both the former #CDS & the former COAS.
If I were an adviser to any of the former #ServiceChiefs, I'd tell them to look upon this as some kind of chalice with hemlock thrown in. I'll be very leery. For campaigners for accountability, this is rather, perversely, great news. This is very free advice.
I shd add 1 thing: any country willing to accept them had better be a nearby neighbour so that they don't have to traverse the skies of any #RomeStatute country to get there. If not, there's no guarantee that an aircraft conveying them to station will not end up in #TheHague.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
On 1 Feb, Inspector General of @PoliceNG, Moh'd Adamu, attained 35 yrs in service & retired. By operation of law, he became ineligible to be a police officer in #Nigeria. Today, @MBuhari claims to have recalled & then extended his tenure by 3 months.
To be clear, the president, as appointing authority, has the power to appoint someone in acting capacity to fill a vacancy. But that power is not at large. You can't appoint in acting capacity, someone who is ineligible to hold the substantive position or exercise those powers.
Having retired from @PoliceNG by operation of law, IGP Adamu is now ineligible to be a police officer in #Nigeria. Being as such ineligible to do the job of a police officer, he cannot act or be extended as Inspector-General of Police. Whatever he does from here on is unlawful.
Yesterday, Sierra Leone's Supreme Court summarily convicted lawyer & blogger, @Soe_Marrah, for criticising a decision of the court in a #socialmedia post. The circumstances of this case are so outrageous, it is necessary to tell the story
Following @Soe_Marrah's post, the Supreme Court extraordinarily issued a #benchwarrant suspending his rights of practice before courts in Sierra Leone & suspending the arrest of lawyers in court premises. They declared him #WantedDeadOrAlive
The irony is that this order was issued on the same day that Sierra Leone's @PresidentBio abolished the crime of criminal defamation in Sierra Leone.
The only people who failed to notice were the Justices of Sierra Leone's Supreme Court.
Surely if "Independent" in @inecnigeria means anything, these guys will look to find a more suitable job for @Laurestar than REC. What is she going to do now, delete her tweets?!
I have worked & advocated against extra-judicial killings #EJKs by @policeNG for over 3 decades. In 2012, when I put out figures on #EJKs by @policeNG, the reaction of @NigeriaGov was to order my arrest. Today, we remain on #EndSARS.
10 yrs ago, @OSFJustice released a rpt on @policeNG under the title #CriminalForce. I worked on that. It detailed a culture of wasting human life under a chapter titled "A Human Abbatoir". Despite our best efforts with @policereformNG, few ppl took notice. We're still in #EndSARS
In its 2008 rpt, the MD Yusuf Presidential Commission on Police Reform wrote that @PoliceNG was byword for “unlawful arrest & detention, extortion, torture, rape, #EJKs & other forms of brutality."
That report is still on the shelves of the SGF. We are still stuck on #EndSARS
The @_AfricanUnion has made a fetish of discouraging "unconstitutional changes in government" in #Africa. This past week, the soldiers in Mali have set up an artifice of compliance. Around the continent, though, at least 20 presidents are ex-soldiers. It's #RegimentedDemocracy
Angola
Burundi
Chad
Comoros
Congo-Brazzaville
Egypt
Equatorial Guinea
Eritrea
Ethiopia
Guinea Bissau
Mali
Mauritania
Mozambique
Nigeria
Rwanda
Sierra Leone
South Sudan
Sudan
Uganda
Zimbabwe
These are soldiers from liberation movements, insurgencies or regular armies. But this doesn't quite tell the full story. In Madagascar, for instance, @SE_Rajoelina is the son of a soldier. Algeria's transition to Abdelmadjid Tebboune was in the gift #RegimentedDemocracy.
#Nigeria's Attorney-General & Minister of Justice, @MalamiSan, claims to have amended Rules of Professional Conduct (RPC) in the Legal Profession under powers conferred by s.12(4l) of Legal Practitioners Act. There're no such powers? We have a HAGF can't do basic due diligence.
The power to "prepare, and from time to time revise, a statement as to the kind of conduct which the Council considers to be infamous conduct in a professional respect" created in s.11(4) of the Legal Practitioners Act, belongs to the #BarCouncil not to the HAGF.
The #BarCouncil is a statutory body created by s.1 of the Legal Practitioners Act. It comprises 57 persons, made up of: 1. HAGF as president; 2. All state attorneys age metal 3. 20 reps of @NigBarAssoc.
No meeting of the #BarCouncil has bn called in order to amend the RPC