Genocide Accusation: FG Remains Silent on Amupitan’s Legal Brief

The Federal Government’s Silence on a Controversial Legal Brief

The federal government has remained silent on a 2020 legal brief reportedly written by Prof. Joash Amupitan, the chairman of the Independent National Electoral Commission (INEC). In this document, Amupitan described the Boko Haram insurgency and attacks by ‘Fulani herdsmen’ as part of a coordinated anti-Christian campaign that warranted international intervention. Calls and messages to the Minister of Information and National Orientation, Mohammed Idris, seeking the government’s comment on Amupitan’s legal brief, were not responded to as of press time.

Amupitan has also not reacted to the issue since it was reported by Saharareporters on Friday. Daily Trust attempted to reach him multiple times but could not get through on his mobile telephone line. A text message sent to him was also not replied to. His Chief Press Secretary, Dayo Oketola, could not be reached either.

Sources close to the INEC chairman indicated that he was preoccupied with the conduct of the weekend’s Anambra governorship election. Amupitan was sworn in as INEC chairman by President Bola Ahmed Tinubu on October 23 following his confirmation by the Senate.

The Content of the Legal Brief

Amupitan was listed among the contributors to a publication titled Nigeria’s Silent Slaughter: Genocide in Nigeria and the Implications for the International Community, released in 2020 by the International Committee on Nigeria (ICON) and the International Organisation on Peace-building and Social Justice (PSJ). The report chronicled alleged systematic killings of Christians in Nigeria and called for international intervention. Amupitan’s 80-page chapter was titled Legal Brief: Genocide in Nigeria.

When contacted for comment on whether the Senate was ever aware of Amupitan’s claim on Christian genocide before confirming his appointment, the Senate’s spokesman, Yemi Adaramodu, told Daily Trust that the upper chamber was unaware of it.

“I have never seen it. We are not privy to it, something that I have never seen, something that the Senate has never seen. We have never seen, maybe you are the only person who is privy to it. This is something that is not before us; something we don’t know,” he said.

The legal brief, accessed by Daily Trust through the website of the publisher over the weekend, alleged that the scale and pattern of killings and displacement in Nigeria met the threshold for genocide under international law and accused the federal government of complicity by failing to protect affected communities and ensuring justice for the victims.

The Federal Government’s Response

The federal government had, last week, dismissed similar allegations after American President Donald Trump re-designated Nigeria as a Country of Particular Concern (CPC) and threatened military action; a move tied to an alleged Christian genocide. Nigerian authorities had maintained that the security crisis affected all religious groups and was not targeted at Christians.

Amupitan’s 2020 position, which contrasts sharply with the government’s long-standing stance, has prompted a call by the Supreme Council for Sharia in Nigeria (SCSN) for his removal.

Amupitan’s Position and Recommendations

In the paper, Amupitan, who was then a faculty member at the University of Jos, Plateau State, said, among other things, that “it is a notorious fact that there is perpetration of crimes under international law in Nigeria, particularly crimes against humanity, war crimes and genocide.”

He added that “the alleged involvement of the state and non-state actors in the commission of crimes under international law in Nigeria has complicated an already complex situation. Consequently, the situation beckons the urgent need for a neutral and impartial third-party intervention, especially the UN and its key organs, the military and economic superpowers, and regional or sub-regional international organisations of intergovernmental character.”

Amupitan also advised that the U.S. Department of State refer the case to the Criminal Division of the Department of Justice. He called on the United Nations Security Council, its relevant organs, and major world powers to, among other recommendations, urge contracting parties to the Genocide Convention to sue Nigeria before the International Court of Justice (ICJ) for failing to prevent and punish genocide as required under Articles 8 and 9 of the Convention; and consider military intervention by the UN, the African Union (AU) or ECOWAS forces as a last resort, in line with Article 42 of the UN Charter.

The Sharia Council’s Response

While reacting over the weekend, the Supreme Council for Shari’ah in Nigeria (SCSN) urged President Tinubu to review Amupitan’s appointment. In a statement by Nafiu Baba-Ahmad, its Secretary-General, the council expressed ‘serious concern’ over the document, describing it as a ‘toxic legal brief containing highly provocative, distorted, and bigoted assertions about the nature of conflicts in Northern Nigeria and maligning the historical legacy of Sheikh Uthman bn Fodio’s jihad.’

The SCSN argued that the position of INEC chairman demands the highest standards of neutrality, fairness, and inclusivity, qualities it said were inconsistent with the sentiments expressed in the alleged brief.

Legal Perspectives on the Matter

Lawyers who spoke to Daily Trust said the opinion Amupitan expressed in his legal brief does not undermine his current position as INEC chairman. A Uyo-based legal expert, Nwoko Uwemedimo (SAN), told Daily Trust in a telephone chat that the matter does not warrant resignation or dismissal, and that the government’s position and the chairman’s past opinion represent two distinct issues.

Josiah Adebayo, Head of Chambers at Akin Akinsanya (SAN) in Ilorin, Kwara State, said: “I don’t think it poses a conflict of interest or affects his job. The truth is, if you’re not part of the system, you cannot reform it. You can’t stand outside and keep criticising; you must be within the system to drive meaningful change.”

The Question of Integrity

For his part, the immediate past Kwara State Director of Public Prosecution (DPP), Mumini Jimoh (SAN), expressed a different opinion. According to him, Nigerians take different positions at different times depending on personal circumstances. He described it as unfortunate for Amupitan to have held such a view, insisting there has never been genocide against Christians.

“Amupitan’s genocide claim speaks to his integrity,” Jimoh said. “If he truly authored that legal brief, he should resign.”