June 22, (THEWILL) – The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to urgently refer the situation in Benue State to the International Criminal Court (ICC), urging the court to exercise jurisdiction over what it described as widespread violence, unlawful killings, and serious violations of international humanitarian and human rights laws in the state.
SERAP also urged the president to consider referring similar cases of violence and human rights abuses in other parts of the country to the ICC or to request the Court’s prosecutor to extend ongoing investigations on Nigeria to include those areas.
The organisation’s position followed a recent statement by the Tor Tiv and paramount ruler of Benue, Professor James Ayatse, who described the crisis in the state as a “calculated, well-planned, full-scale genocidal invasion and land-grabbing campaign by herder terrorists and bandits,” which he said has intensified over the years.
In a letter dated June 21, 2025, and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the group stated:
“Your government has a primary responsibility to ensure accountability, justice, and reparations for these grave human rights crimes. Referring the situation in Benue State to the ICC would show your commitment to hunting down the perpetrators and delivering justice for the victims.”
SERAP stressed that accountability is necessary whether the perpetrators are state or non-state actors, noting that inaction could embolden them to continue committing atrocities with impunity.
According to the letter:
“A referral by your government would formally bring the situation in Benue to the attention of the ICC Prosecutor for investigation. Any reluctance to do so would continue to enable those responsible to evade justice.”
SERAP argued that due to the alleged complicity of state actors in Benue and other affected regions, domestic legal mechanisms have proved inadequate.
It added that the ICC is better positioned to ensure accountability, particularly as it can prosecute even high-ranking officials who may enjoy immunity under Nigerian law.
Citing Article 14 of the Rome Statute, the group reminded the president that Nigeria, being a State Party to the ICC, can make a referral without needing to present evidence at this stage.
“The process is straightforward. A referral would immediately compel the ICC Prosecutor to assess whether there is a reasonable basis to investigate, without needing prior authorization from the Pre-Trial Chamber,” SERAP stated.
It noted that the Court would have access to evidence that Nigerian law enforcement may struggle to obtain and that the move could bolster national justice systems while signaling a clear break from impunity.
The group cited similar referrals by other African nations including Gabon, Mali, Uganda, DRC, and the Central African Republic, saying Nigeria should follow suit.
“We urge you to act within seven days of receiving or the public release of this letter. Should we not receive a response within that timeframe, we will consider approaching other States Parties to the Rome Statute to make the referral on Nigeria’s behalf, as seen in the case of Venezuela,” the letter read.
SERAP argued that Tinubu’s action would not only reassure victims and their families of redress but also demonstrate a bold commitment to justice and accountability.
Quoting the president’s own earlier comments, SERAP reminded him:
“You said, ‘the value of human life is greater than that of a cow’ and vowed to ensure perpetrators are brought to justice. Now is the time to act on that pledge.”
The organisation cited fresh attacks in Benue’s Yelewata and Dauda communities, where over 100 people were reportedly killed, thousands displaced, and many others injured or missing.
It added that in just one weekend last month, at least 42 people were killed in Gwer West district alone.
“Since 2019, these clashes have reportedly claimed more than 500 lives and displaced over 2.2 million people in the region,” SERAP noted.
The organisation concluded by reminding the president that Nigeria ratified the Rome Statute on September 27, 2001, and as such is fully obligated to cooperate with the ICC to end grave human rights abuses in the country.
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