By Emma Amaize
WARRI—FOUR human rights groups in Nigeria have written President Umaru Yar’Adua, urging him to use his position and leadership to order the arrest and extradition of his Sudanese counterpart, President Omar al Bashir, should he step his foot in Nigeria to attend the forthcoming African Union Peace and Security Council meeting in Abuja, October 29.

President al Bashir is wanted by the International Criminal Court on charges of war crimes and crimes against humanity.

The groups include the Economic Rights & Accountability Project (SERAP), Committee for the Defence of Human Rights (CDHR), Women Advocates Research and Documentation Center (WARDC) and Partnership for Justice (PFJ), whose managing partner is Itoro Eze-Anaba.

In the letter entitled, “Request for the arrest of Sudanese President Omar al Bashir during his planned visit to Nigeria”, addressed to President Umaru Yar’Adua, dated October 25,  the rights groups said they concerned that Nigeria invited President Bashir for the meeting, despite its obligations to the ICC.

“We are very concerned that despite Nigeria’s international legal obligations, including under the Rome Statute of the International Criminal Court (ICC), which Nigeria has ratified, your government has invited President al Bashir who is wanted by the International Criminal Court (ICC) on charges of war crimes and crimes against humanity.

“It should be pointed out that the ICC on March 4, 2009 issued an arrest warrant for President al Bashir.

We, therefore,  call on your government to act swiftly to arrest the Sudanese President once he enters Nigerian territory and surrender him to the ICC to avoid complicity in the crimes against humanity and war crimes he is alleged to have committed in Darfur.

“We hope that your government would provide the required leadership in this matter in the overall interest of the victims of crimes against humanity and war crimes committed in Darfur; some of these victims may be Nigerians.

“In case your government does not act as requested, we will be compelled to file necessary applications before the UN Security Council for appropriate measures and sanctions in the circumstances.

“We contend that under the principle aut dedere aut judicare, (extradite or prosecute), Nigeria has a legal obligation to extradite a suspect of crimes against humanity and war crimes and surrender to the ICC for prosecution or to submit the case to its competent authorities for the same purpose.

“Nigeria has ratified the 1984 Convention against torture, which requires it to extradite or submit cases of persons found in territory subject to their jurisdiction suspected of torture.

“Furthermore, just recently, on October 14, 2009, the African Union, in a statement at the end of the 13th Africa-EU Ministerial Troika Meeting in Addis Ababa Ethiopia, underlined its commitment to fighting impunity at the national, regional and international level in conformity with the principles of international law.

Given its important leadership role of the African Union, its recent election to the UN Security Council, and its leadership of the Economic Community of West African States (ECOWAS) as the current Chairman of that sub-regional institution, Nigeria has a legal responsibility to deny a safe haven to the Sudanese president.”