Advisory Committee says Nigeria’s Nominee to ICC, Justice Ishaq Bello, Lacks Competence

Ebun Olowu

A team of legal experts at the International Criminal Court (ICC) has declared that Nigeria’s candidate, Justice Ishaq Usman Bello, for appointment as judge of the International Court, lacks the competence required for the position.

Bello, who is the Chief Judge of the Federal Capital Territory, Abuja, was nominated by President Muhammadu Buhari in June as the Nigerian candidate to the Netherlands-based Court.

He is one of the 20 nominees being considered, out of which six judges will be elected at the Nineteenth Session of the Assembly in December 2020.

The  Advisory Committee that was “mandated to facilitate that the highest-qualified individuals are appointed as judges of the International Criminal Court”, however, rated him at the bottom of the 20 judges being considered for the position.

In its assessment of the nominees, the committee described Bello as having “a very limited knowledge” of the workings of the ICC, hence is only formally qualified for appointment as judge of the Court.

According to the Report of the Advisory Committee on Nominations of Judges, the Committee agreed that the assessment of the candidates would be based on:
a) The qualifications and experience of the candidate set out in the statement of qualifications required by article 36 (4) specifying how the candidate fulfils the requirements of article 36 (3);
b) Additional supporting material provided therewith;
c) Candidates’ responses to the common questionnaire and standard declaration;
d) Candidates’ performance in the interview;
e) Information provided by national institutions based in the candidates’ respective State of nationality; and
f) The outcome of the vetting process and reference checks.

Also, the Committee agreed on the following formulation regarding the suitability of the candidates:
a) Highly qualified: the candidate excels in terms of the experience and knowledge about the Court and its jurisprudence; it is very likely that he/she would be able to make an important contribution to the work of the Court.
b) Qualified: the candidate has some relevant experience and knowledge about the Court; he/she could contribute to the work of the Court.
c) Only formally qualified: the candidate meets the requirements set out in the Rome Statute for election as a judge, but it is uncertain if the candidate could make a noteworthy contribution to the work of the Court.
d) Not qualified: the candidate does not meet the formal requirements set out in the Rome Statute.

On Justice Bello’s candidature, “The Committee noted that, based on his answers to questions particularly regarding participation by victims and the functions of the Pre-Trial Chamber (but also other areas), the candidate appeared notably to have a very limited knowledge of the Rome Statute, the practices and procedures of the Court and its jurisprudence.

“Based on both his professional experience as well as his answers during the interview, and bearing in mind particularly his lack of detailed knowledge of the workings of the Court, the Committee concluded that the candidate was only formally qualified for appointment as judge of the International Criminal Court.”

The report, however, highlighted Bello’s extensive judicial experience in criminal proceedings, as well as his articulate and knowledgeable stance regarding criminal law and procedure at the national level.

The implication, according to the report, “Only formally qualified” means Justice Bello “meets the requirements set out in the Rome Statute for election as a judge, but it is uncertain if the candidate could make a noteworthy contribution to the work of the Court.”