The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to immediately refer the situation in Benue State to the International Criminal Court (ICC), citing persistent mass killings, displacement, and violations of international human rights and humanitarian law.
In a letter dated June 21, 2025, signed by SERAP’s Deputy Director, Kolawole Oluwadare, the group urged Tinubu to fulfill his constitutional and international obligations by seeking international intervention to bring the perpetrators of the violence in Benue to justice.
SERAP also asked the president to consider extending the request to include other states facing similar crises, such as Zamfara, Plateau, Taraba, Kebbi, Borno, and Sokoto, or to encourage the ICC Prosecutor to expand the scope of any ongoing investigations in Nigeria to cover these regions.
The appeal comes in the wake of fresh attacks in Benue where over 100 people were reportedly killed in Yelewata and Dauda communities. According to the National Emergency Management Agency (NEMA), at least 3,000 people have been displaced, and dozens remain injured or missing. Victims, including entire families, were said to have been burned alive in their homes.
SERAP’s letter referenced a recent statement by the Tor Tiv and paramount ruler of the Tiv Nation, Professor James Ayatse, who described the situation as “a calculated, genocidal land-grabbing campaign” carried out by armed herders and terrorists that has persisted for decades.
“This is not merely a law-and-order issue. These are grave international crimes,” SERAP said. “Accountability is crucial, whether the perpetrators are state actors or non-state actors.”
According to SERAP, the failure of domestic justice mechanisms and allegations of complicity by some state actors underscore the need for international intervention through the ICC.
“Nigeria is a signatory to the Rome Statute and can, under Article 14, refer situations involving crimes against humanity, war crimes, and genocide directly to the ICC Prosecutor,” the group noted. “Such a referral does not require Nigeria to present evidence at this stage. It simply initiates an obligation on the Prosecutor to assess whether there is a reasonable basis to proceed with a full investigation.”
The rights group warned that inaction by the federal government would further embolden attackers and allow a culture of impunity to thrive.
“Perpetrators continue to evade justice, and victims are left without redress,” the letter read. “Referring the Benue situation to the ICC will send a strong message that those responsible—no matter their rank or status—will be held accountable.”
SERAP also pointed out that the ICC’s mandate allows it to investigate high-ranking individuals who may enjoy immunity under national law but are not shielded from prosecution under international law.
“This is an opportunity for Nigeria to demonstrate its seriousness about protecting its citizens and upholding the rule of law,” the letter continued. “Other African countries like Uganda, the Democratic Republic of Congo, and Central African Republic have all referred internal conflicts to the ICC. Nigeria must not be an exception.”
The group urged the president to act within seven days of receiving the letter or risk SERAP escalating the matter by urging other state parties to the Rome Statute to initiate a referral on Nigeria’s behalf, as was done in other international cases.
SERAP reminded Tinubu of his previous remarks condemning the killings in Benue, where he emphasized that “the value of human life is greater than that of a cow” and vowed to arrest the perpetrators.
“Justice is not a luxury—it is a right. Referring Benue’s case to the ICC will help ensure that those who commit, aid, or abet grave human rights abuses face consequences and that victims and survivors receive the justice they deserve,” SERAP said.
Leave a Reply