By Seyi Odewale
The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to immediately refer the situation in Benue State to the International Criminal Court (ICC), citing ongoing mass killings, forced displacements, and other grave human rights violations allegedly committed by herder terrorists and armed groups.
In a letter dated June 21, 2025, and signed by its Deputy Director, Kolawole Oluwadare, SERAP emphasised that the atrocities in Benue amount to crimes under international law, including crimes against humanity, and require urgent international intervention to ensure justice, accountability, and protection for victims.
Quoting the Tor Tiv, Professor James Ayatse, SERAP described the violence in Benue as a “calculated, well-planned genocidal invasion and land-grabbing campaign,” which has persisted for decades and is worsening. The traditional ruler’s remarks, SERAP said, reflect the scale and intention behind the recurring violence in the state.
The organisation reminded President Tinubu of his administration’s responsibility to protect citizens, ensure justice, and provide reparations to victims. It said that referring the situation in Benue to the ICC would demonstrate Tinubu’s commitment to ending impunity and restoring peace, as he has publicly promised.
According to SERAP, domestic mechanisms have failed to ensure accountability, and the alleged complicity of some state actors makes local investigations inadequate. It stressed that the ICC has jurisdiction to investigate individuals who may be immune from national prosecution, including top political and military leaders.
Under Article 14 of the Rome Statute, Nigeria, as a state party, has the legal right to refer such cases to the ICC Prosecutor without requiring detailed evidence at the referral stage. Once referred, the prosecutor is obligated to investigate or assess whether a reasonable basis exists to open an investigation.
SERAP also highlighted similar patterns of violence and abuse in other states, including Zamfara, Kebbi, Plateau, Sokoto, Taraba, and Borno. It warned that failure to act would only embolden both state and non-state perpetrators to continue their brutal attacks with impunity.
Recent attacks in Yelewata and Dauda communities in Benue reportedly left over 100 people dead and displaced at least 3,000, with many victims burned alive in their homes. Just last month, another 42 villagers were killed in coordinated attacks across Gwer West. Over 2.2 million residents have reportedly been displaced since 2019.
SERAP noted that countries such as Gabon, Mali, Uganda, and the Democratic Republic of the Congo have previously referred cases to the ICC and urged Nigeria to do the same. The group gave President Tinubu a seven-day ultimatum to take action or face international lobbying by other ICC member states to make the referral.
“Justice is not optional,” SERAP concluded. “Referring the Benue situation to the ICC would show Nigeria’s seriousness in tackling human rights crimes and deliver hope and redress to victims who have suffered for far too long.”
