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For a long time now an APC stooge calling himself ‘Adebayor’ has been sending audio messages to gullible Sierra Leonean youths inciting them to rise and commit crimes, purporting that he is talking for Sierra Leoneans. Is he really? No.
If he loves Sierra Leone he should be sending messages to unite us, especially after going through a devastating civil war that lasted for years.
One thing this ‘Adebayor’ fails to realise or does not know is that those days when prospective rebel leaders would incite people in their home country to start a war by using the western media are over. Now all western media are taking note of your incitement and instigating audios.
‘Adebayor’, let me advise you that you and your brothers in crime who are trying to bring war to Sierra Leone are in a big mess. In this article I will explain the consequences of ‘Adebayo’s action or inaction under international criminal law and the laws of the Kingdom of the Netherlands.
If it is true that ‘Adebayor’ lives in the Netherlands, then I find it necessary to let you know the legal possibilities that are available to Dutch courts to try you when you are found wanting for the commission of core crimes in Sierra Leone.
In 2003 I was a second-year law student at the Utrecht University school of law when a law came into effect that gave the Dutch courts jurisdiction over persons who commit core crimes: genocide, war crimes and torture, and crimes against humanity. The law is called The International Crimes Act (Wet Internationale Misdrijven-ICA). One of the main reasons behind the adoption of this law was the creation of the International Criminal Court (ICC) and the related Rome Statute, which came into effect on 1st July 2002. This law ‘’provides for universal jurisdiction over specific offences allowing national authorities to investigate and prosecute such offences under certain conditions when they were committed abroad by foreign nationals’’.
Article 2(1) ICA gives Dutch authorities jurisdiction over the following three situations:
(a) anyone who commits any of the crimes defined in this Act outside the Netherlands, if the suspect is present in the Netherlands;
(b) anyone who commits any of the crimes defined in this Act outside the Netherlands, if the crime is committed against a Dutch national; and
(c) a Dutch national who commits any of the crimes defined in this Act outside the Netherlands.
If a war breaks out in Sierra Leone as a result of instigation by ‘Adebayor’ and core crimes are committed, Dutch courts will have personal jurisdiction (ratione personae jurisdiction) over him. If he is not a Dutch national the courts will have jurisdiction over him because he is present in The Netherlands. If he is a Dutch national, the courts will have jurisdiction over him based on his being Dutch.
Dutch courts will have material jurisdiction (ratione materiae jurisdiction) to try ‘Adebayor’ if the above-mentioned crimes are committed in Sierra Leone in war or peace time.
How will ‘Adebayor’ be liable? There are various modes of liability in International Criminal Law. The ICA applies the modes of liability provided for under the general rules of Dutch criminal law: direct perpetrator(pleger), indirect perpetrator (doen pleger), Co-pepetrator(mede-pleger), instigator(uitlokker), accessory (Mede-plichtig).
To what extent will ‘Adebayor’ be criminally liable under these modes of liability?
Direct perpetrator
The direct perpetrator (pleger) is the person committing the crime or attempting to commit the crime. ‘Adebayor’ will not be termed as a direct perpetrator because he may not be directly committing the crime. However, if he comes back to Sierra Leone and takes up arms to cause mayhem, he will be found liable under this mode.
Indirect perpetrator
The indirect perpetrator (doen pleger) is the person inducing or attempting to induce another person to commit a crime. ‘Adebayor’ has over two months now sending audios and video inducing or attempting to induce youths to cause mayhem and kill or murder a group of people.
Co-perpetrator
The co-perpetrator (mede-pleger) is the person committing the crime or attempting to commit the crime in a conscious and close collaboration (bewuste en nauwe samenwerking) with one or more co-perpetrators. This may be a difficult to prove given that ‘Adebayor ’is not present in Sierra Leone. However, there is a great possibility that if any large war breaks out in our country, ‘Adebayor’ will want to come down to Sierra Leone to participate in a systematic murder and killing of a specific group of people.
Instigator
The instigator (uitlokker) is the person who intentionally induces or attempts to induce another person or persons to commit a crime by providing gifts or promises, abusing authority, using violence, threats or deception or providing the opportunity, means or information necessary to commit the crime. Enough evidence has been gathered concerning ‘Adebayor’ intentionally inducing or attempting to induce people to commit crimes in Sierra Leone. On various occasions he has been accused of sending money to youths in Sierra Leone to induce or attempt to induce them to commit crimes in his country.
Accessory
The accessory (medeplichtige) is the person who intentionally assists in the commission of a crime or intentionally provides the opportunity, means or information necessary to commit the crime. This mode of liability can take place before the crime has been committed, while the crime is being committed and, under certain circumstances, shortly after the crime is completed. There is a very narrow division between qualifying someone as a co-perpetrator and an accessory.
In the past, there has been many cases in which defendants were accused of being accessories to war crimes. The Court of Appeal of Hertogenbosch, for example, sentenced Guus Van Kouwenhoven, Dutch citizen, to 19 years in prison for being an accessory to war crimes and for supplying arms and ammunition to the regime of Charles Taylor in Liberia in violation of weapons embargoes.
Liabilities under International criminal law do not know boundaries when it comes to trying people who commit core crimes. ‘Adebayor’ should now know that the long arm of international justice is slowly but surely extending to him.
About the author:
Mohamed Kunowa Kiellow studied Dutch Law, specialising in Criminal Law and International Law at the Utrecht University School of Law. He also holds a post-graduate certificate in Law from University of East London. He wrote his Master’s thesis on Immunities in International Criminal law.
Sierra Leonean we are knowing as law àbiding citizens why now?
Governments should also ensure that the growth and development of the country is paramount to them. If the government was making giant strides it will be hard to incite people against it. But total failure and disregard for the common man’s hardships makes him vulnerable
Mr Author tell the government to stop provoking the citizens of the country….
According to your write-up you’ve already found Adebayor guilty to the crime’s you’ve started
You stupidly think that we are happy with the way our family are suffering in the country when we send £100 it means nothing we that are sending it we are not happy so put yourself wherever you are and keep quiet
Easily said than done. Mr author if you think Adaebayoh have committed crimes against humanity and should be arrested, what about Lahai James Limah and Co. Leave Adebayoh alone. He is the voice of the voiceless. Go Adebayoh !!!
Mr Author, correction please. Adebayor has been in “this business” for years and not two or three months as you asserted in your “thesis”. Adebayor is the voice of the voiceless. No born of a woman can criminalize Adebayor’s activities in educating majority of the ill-informed Sierra Leoneans……LONTA🤛🏼
Mr. Author I commend you for enlightening us on some of the provisions of the Dutch Laws evident to the main character in your write up and possible crimes he committed in Sierra Leone.
My only concern is that, if this laws were in existence, why the Government is taking so long to bring Adebayor to court for justice to prevail once and for all? Or is it that Adebayor has international protection which the Government cannot challenge at all.
Finally, if we all believed in the “Rule of Law” we must accept that there is ‘supremacy of the law’ which state that no man is bigger than the law irrespective of your race, colour or status in the society.
The Author is day dreaming
We
The end justifies the means. What goes round usually comes around.
The end justifies the means. Mr writer, you wrote well and let the good Lord bless you for educating those who need to be educated. We know and we believe that no man born of a woman will ever able to bring war again in our beloved country Sierra Leone. I personally challenge anyone for that. Because we know whom we believe which is GOD for HE is more than able to deliver us as a nation from any person or group of persons who are inciting or using words to incite people to bring war in our country. I said it will not work this time around. War is not the answer to any injustice that you may think of. So we are aware LONTA.
By their fruits we shall know them all from their comments given. It is actually better to stop all these grumpy attitudes and behaviours to put the very individual on track that engaged in this sct. We all have mothers to be sincere enough. We well respected them from beginning to end. Mothers goes hungry to make ends meet. The man too has a mother. Pray tell the world how will he feels someone posting bad words or insults to his wonderful mother? May God have mercy on us all….Hawa Samura.
May Adebayo fall into our net soon. It’s hightime.
Adebayor is an idiot who translates himself clearly to the dumbstruck and Nincompoops that follows him. Every well meaning Sierra Leonean will never buy into his idiocracy. My beloved author Kieloh I must thank you so much. When I was in Bo with my wife Memunatu Kposowa, we went to see aunty Mariama but you were not around neither Fieo.
You think Adebayor is like your stupid president bio that going to answer questions in the icc… Come on you stupid slpp evil supporter…
TOTAL NONSENSE, THIS GUYS HAS BEEN DOING THIS FOR MORE THAN 5 YEARS WHY CAN’T THEY ARREST HIM FOR INCITEMENT. SOME SIERRA LEONEANS ARE REAL FOOLS.
The never says the truth to the government paopa killing abuse of human rights twwww
Anybody that is against ADEBAYOR, must be use for RITUAL SACRIFICES. Because that person didn’t came into these world for success.
Mr. Author, you think you have won all
I know you guys did this for Adebayor because you are against him.
Adebayor is above all
Adebayor believes with God all things are possible. Adebayor knows how the average Sierra Leonean is suffering
Government of Sierra Leone and Chief Minister Dr. Sengeh, should give very attractive rewards to any body finds Adebayoh. He is in Conakry and others who plotted this failed coup
All is rubbish.
Toothless bull shit.
You have wrecked in your strategic drift.
Over five years you abandoned your main job and focus on detractor which has yielded no dividends for S/Leoneans. It’s negative effect on us all, the masses.
You have made international entrepreneurs desert us. Accomplices, educated bootlicking folks, purporting to love and intend to save us are auctioning off our genuine, invaluable talents and resources.
With regards on your details Mr writer
but government should also be aware that the people of the country are seriously suffering high cost of living no freedom of speech
Are you kidding me or what are you talking about, what about maada bio killing innocent citizens. The judiciary, pprc,police, soldiers,, religious council & appa who obstruct our democracy what is your take on this we the citizens are demanding justice and equal rights
Adebayor must facing judgement he is a trator in this country just like is father and he must died like his father.