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An Appraisal of the Crime of Genocide in International Law: a Case Study of Its Applicability to Some Incidences in Nigeria

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An Appraisal of the Crime of Genocide in International Law: a Case Study of Its Applicability to Some Incidences in Nigeria AN APPRAISAL OF THE CRIME OF GENOCIDE IN INTERNATIONAL LAW: A CASE STUDY OF ITS APPLICABILITY TO SOME INCIDENCES IN NIGERIA BY Friday Atidoga DANIEL Ph.D/LAW/11269/2010-2011 DEPARTMENT OF PUBLIC LAW, FACULTY OF LAW, AHMADU BELLO UNIVERSITY, ZARIA NIGERIA. AUGUST, 2015 AN APPRAISAL OF THE CRIME OF GENOCIDE IN INTERNATIONAL LAW: A CASE STUDY OF ITS APPLICABILITY TO SOME INCIDENCES IN NIGERIA BY Friday Atidoga DANIEL Ph.D/LAW/11269/2010-2011 A THESIS SUBMITTED TO THE SCHOOL OF POSTGRADUATE STUDIES, AHMADU BELLO UNIVERSITY, ZARIA, IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF DOCTOR OF PHILOSOPHY IN LAW – PhD. DEPARTMENT OF PUBLIC LAW, FACULTY OF LAW, AHMADU BELLO UNIVERSITY, ZARIA NIGERIA. AUGUST, 2015 i DECLARATION I declare that the work in this Thesis entitled: An Appraisal of the Crime of Genocide in International Law: A Case Study of Its Applicability to Some Incidences in Nigeria has been carried out by me, in the Department of Public Law. The information derived from literature has been duly acknowledged in the text and a list of references provided. No part of this Dissertation was previously presented for another degree or diploma in any other institution. Friday Atidoga DANIEL ________________ ________________ Signature Date ii CERTIFICATION This Thesis entitled: An Appraisal of the Crime of Genocide in International Law: A Case Study of Its Applicability to Some Incidences in Nigeria by Friday Atidoga Daniel meets the regulations governing the award of the degree of Doctor of Philosophy in Law of Ahmadu Bello University, and is approved for its contribution to knowledge and literary presentation. Prof. M.T. Ladan Date Chairman Supervisory Committee Prof. I.A. Aliyu Date Member Supervisory Committee Dr. I.F. Akande Date Member Supervisory Committee Dr. K.M. Danladi Head, Department of Public Law Date Prof. K. Bala Date Dean School of Postgraduate Studies Ahmadu Bello University, Zaria iii DEDICATION This research is dedicated to the loving memory of my Father in-law, Late Chief Isa Edime (the Amanaata Ojikpadala), in whom I found my self a father. The cold hands of death took you away and extinguished your flaming brightness shortly before my Ph.D second seminar, by the cruel hands of your assassinators; whom I know have only murdered their sleep. This is dedicated to you, my friend, my father in-law and my father, because of your passion for learning and education. I shall strive to keep the dreams we dreamt together. Live on ABOO, because to live in the hearts of those you left behind is not to die. iv ACKNOWLEDGMENTS “When the Lord turns again the captivity of Zion we were like them that dream. Then was our mouth filled with laughter, and our tongue with singing …. ”1 My appreciation first and foremost goes to God Almighty, the giver and taker of life and the maker of destiny; who bestowed on me unquantifiable measure of unmerited favour in the course of this Ph.D programme. Then to my wife, Barrister Ojonigwu Atidoga, who had to endure numerous deprivations and sacrifices some of her matrimonial rights throughout the pendency of this programme. With all sense of humility, I most sincerely acknowledge the contribution of my supervisory committee chairman, Prof. M.T. Ladan, a prolific and amiable scholar par excellence, whose goal getting spirit and personality disposition has created a positive impact in the shaping of my mentality as a young academic. Prof. Sir, thank you for putting me on my toes to ensure the completion of this programme in good time. In no small measure, I must also appreciate Prof. I.A. Aliyu, who is a member of my supervisory committee. Despite his tight schedule, he squeezed out time to attend to me. Prof. Sir, the times we had to discuss my work in your office and your critical insight and analytical thinking, away from a “hypocritical civility” is sincerely appreciated, as it gave me a broader perspective to the concept of genocide. In equal measure, I must humbly thank Dr. I.F. Akande, who is also a member of my supervisory committee. Thank you so much for your great contributions; notably, amongst which was how you taught me the rudiments of writing an abstract God bless you ma. My most sincere appreciation also goes to the Atidogas for giving me the courage and self-esteem to pursue this programme. 1 Holy Bible, Psalm 126 v. 1 v The Faculty of Law, Ahmadu Bello University, Zaria, will forever have a pride place in my heart; a place, where I was diligently nurtured through the first and second degrees; a place that gave me a sense of belonging and a home away from home. Consequently, I sincerely appreciate all the academic and non-academic staff of the Faculty, in persons of; Professors K.S. Chukkol, Y.Y. Bambale, Sani Idris, N.M. Jamo, I.J.G. Irokhalibe, M.B. Uthman, B.Y. Ibrahim, Y. Aboki, I.N. Sada, A.M. Gurin, J. Audi, Dr. Madaki, Dr. A.K. Usman, Dr. Kabir Danladi, Dr. Ibrahim Shehu, Dr. Austin Agom, Dr. I.A. Bappah, Dr. Babaji, Dr. Akume, Dr. Abdulkareem, Dr. Apinega, my classmate Barr. Zainab Haruna, Barr. Dalhat, my good friend Barr. Ishaq Abubakar, the Faculty Officer Dr. Isaac and our ever energetic Alhaji Maye; for giving me all the necessary encouragement to pursue this programme to the end. Some of my colleagues at the Faculty of Law Kogi state University Anyigba, I most sincerely acknowledge for making their shoulders available for me to lean on in the course of this PhD programme. My young indefatigable and amiable Dean of Law, Prof. T.F. Yerima, who practically taught me the act of writing journal articles and by whose instrumentality I joined the Faculty in April 2006. Worthy of mention are: Barr. Iyeh Peter, Barr. Sampson Shaba, Barr. Ekpa Shedrack, Barr. S.E. Kabo, Dr. Y.B. Hassan, Dr. M.A. Olong, Dr. Obaje Enemeku, Dr. & Dr. (Mrs) Agbonika, Dr. B. Ogwo, my esteemed uncle (elder) J.A.O. Agada J.P., Dr. Ngozi Alili, Dr. H.A. Hameed, Dr. A.M. Ayeni and M.O.U. Abuh (Mrs). The realization of these feet is a product of a dream that I dreamt with my brothers/friends they are; Umar Yakub, Enemali Sam Adeboh (The great yellow). Usman Isah, Isah Shuaibu (Egwu), David Ereh, Abraham Don Moses, Alex Eholor, Barr. Tanko vi Mohammed, Hon. Yunusa Ejegbo, Barr. Agoli Abubakar Sadiq, Dr. Ibrahim Abdul who was my course mate at the PhD programme and others too numerous to mention. May God reward you richly. This entire exercise would have been a mirage or a fruitless voyage but for the relentlessness effort and keen dedication of my friends Abdul Salifu Ndakwoji and Samuel Ojodale Paul who typed the manuscript of this work, even at odd hours, to ensure the completion of this programme. May God richly reward you. In like manner, I must also appreciate my friends and my students David Ameh and Baba O. Gabriel for always being available and contributing greatly in running numerous errands during the course of this programme. Also worthy of mention is my friend Oladipupo Yaqub Abimbola who consistently offers supplication to Almighty God on account of this Ph.D programme. Bimbola, May Allah reward you with Aljana. vii TABLE OF CASES Abacha vs. Fawehinmi (2000) 6 NWLR (pt 660) …………..……………254,257,266,267 Africa Reinsurance Corporation (1983) 3 NWLR (pt. 31) 811…….…….…………….275 African Reinsurance Corporation vs. Fantaye (1986) 1 NWLR (pt 14)113.............252,270 A.G Botswana vs. Unity Dow (1998) 1 HRLRA1………………………………...250,269 A.G. Canada vs. A. G. Ontario (1937) A.C 328…………………....…………………251 A.G Israel vs. Eichmann (1968) 36 ILR 5 (District Court of Jerusalem), …………83, 107 Birds Galore Ltd vs. A.G New Zealand and Anor (1989) 1 RC (Constl) 928……..250,269 Bosnia and Herzegovina vs. Serbia and Montenegro, Judgment of ICJ, February, 26th 2007……………………………………...…………………………..87,143 Bosnia vs. Yugoslavia, ICJ Judgment of April 8th,1993………….....…………………141 Brend vs. Wovel (1962) LTR 462…………………………………...…………………..89 Christina Case (1938) AC 485……………………………...…………………………247 Chung Chi Cheung vs. The King (1939) A.C 160………….…………………………..247 Comptroller of Prisons and 2 others vs. Adekanya and 27 others (1999) 10 NWLR (pt623) ………………………………………….…….……………….255,256 Croatia vs. Yugoslavia, Judgment of ICJ, June, 2nd,1999…………..…………………..143 Danen Tofi vs. Usher Uba & Anor. (1987) 3 NWLR p.77………………………………38 Dietrich vs. Queen (1992) 177 CLR 292……………………………………………….271 France et al. vs. Goering et al., 22 IMT, 411, 4161946…….……...…………………41,63 Harding vs. Price (1948) 1KB695………………………………….……………………89 viii Ibidapo vs. Lufthansa Airlines (1997) 4 NWLR (pt498)…………...…….…………….255 Ihakrar vs. Home Secretary (1974) Q.B684………………………...………………….247 Kruger vs. Common Wealth (1997) 190 CLR 1……………………………………….271 Mojekwu vs. Ejikeme (2001) 1 CHR179…………………...………………………….253 Mojekwu vs. Mojekwu (1997) 7 NWLR (pt 512) 283……………..……………….….253 Ogugu vs. State (1994) 5 NWLR (pt 336) ……………………………………………..260 Oshivere vs. British Calendonian Airways (1990) 7 NWLR (pt 163)507….…255,256,266 Poland vs. Graiser (1948) 13 LRTWC 70 (Supreme National Tribunal of Poland)..77,286 Polish Nationals in Danzig case (1932) PCIJ Rep. Ser A/B No. 44 ………………….245 Prosecutor vs. Akayesu (Case No. ICTR – 96 – 4 – T)….65,69,70,82,83,84,85,87,90,108, 117,118,138 Prosecutor vs. Bagosora (Trial Chambers) Case No. ICTR – 98 – 41 –T……….……...99 Prosecutor vs. Bikindi (Case No. ICTR – 2001 – 72-T)……………..……………..99,106 Prosecutor vs. Blagojevic and Jokic (Trial Chamber) ICTY Jan. 17, 2005 .. ………51,93 Prosecutor vs. Bradjanin (Trial Chambers) ICTY September 1st,2004..………52,134,284 Prosecutor vs. Jelisic (Trial Chambers)ICTY,2005………......……………….52,128,133 Prosecutor vs.
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