Socio-Economic Rights and Accountability Project (SERAP) has asked the Prosecutor of the International Criminal Court, Fatou Bensouda to refer the Nigerian government to the UN Security Council for failing to arrest Sudan President, Omar Al-Bashir and surrender him to the International Criminal Court (ICC) to face fair trial on the charges against him.

President Omar al-Bashir who is indicted and wanted for war crimes in Darfur by the ICC, arrived in Abuja on Sunday and is attending a conference on HIV/AIDS in Africa.

According to SERAP, Chad and Kenya have already being referred to the UN by the ICC for hosting the wanted African leader and it urged the Hague based international court to “exercise your authority in this case to refer the Nigerian government to the UN Security Council for failing to arrest President Omar Al-Bashir and surrender him to the ICC.”

A petition signed by SERAP’s solicitor, Femi Falana (SAN) stated that “Nigeria is a state party to the Rome Statute of the International Criminal Court having ratified the Statute in September 2001. Under article 87, the ICC Prosecutor can refer a state party that refuses to cooperate with a request from the ICC, to the Assembly of States Parties or, where the Security Council referred the matter to the Court as in this case, to the Security Council.”

SERAP notes that the ICC already issued two arrest warrants for Al-Bashir for genocide, crimes against humanity and war crimes in Darfur.

The warrants issued in 2009 and 2010, charged him with criminal responsibility on 10 counts, including murder, extermination, forcible transfer of population, torture and rape.

“Similarly, when the UN Security Council referred the situation in Darfur to the ICC in 2005, it urged all states to co-operate fully with the Court.  According to the ICC, Bashir’s official capacity as head of state does not exclude criminal responsibility or get him immunity,” SERAP added.

The organization also stated that, “in 2009, the ICC Prosecutor acting pursuant to article 89 of the Rome Statute issued a decision requesting all states parties to the Rome Statute to cooperate with the court in the Omar Al-Bashir case” it therefore urged an ‘urgent’ action on Nigeria.