“The claim that I am unfamiliar with the mandate of the ICC shows that Mrs. Okonjo-Iweala has not been following the practice of the court and its active and robust approach to its mandates, in particular with regard to the investigation of crimes in Darfur, the warrant of arrest for Joseph Kony (Uganda), and the warrant of arrest for Ahmad Harun, (Sudan).In many decided cases, the ICC has expanded its mandate to humanitarian issues, aimed at forestalling and impeding the perpetration of crimes which cause gross human rights abuse. There is absolutely nothing in the Rome Statute of the ICC to suggest that the court cannot address impunity for enormous financial crimes (and its crippling impact) which took place while Mrs. Okonjo-Iweala was the Finance Minister and the Coordinating Minister of the economy.”
Falana SAN
Mr Falana is a senior and high ranking Barrister in Nigeria. He is wrong on his opinion on the ICC and its mandate.
What is the ICC. The International Criminal Court is an organ of the United Nations. The process by which cases are processed by the ICC are through two main routes. The UN Security Council refers matters, including countries and non state actors to the ICC it believes threatens world peace. Sudan (country), Joseph Kony (non state actor) referred to the ICC for criminal prosecution.
The ICC can instigate cases against countries and non state actors if in it’s opinion such matters are of international consequence and no other body is able, capable or willing to attend to these matters.
The above guidelines do not apply to current Nigeria. The current Nigeria is not a failed state like Somalia. The allegations alleged by Mr Falana has no direct international security impact. Mr Falana is not a signatory to the Rome treaty creating the ICC. The Nigeria in which Mr Falana is a player is able and willing to attend to his complaints. He is therefore bringing his profession in Nigeria to disrepute. He is also guilty of futile grandstanding, creating newspapers headlines without a story.
This rejoinder is not a comment of the allegations but the avenue Mr Falana is purporting to settle a purely Nigerian domestic palaver.

