ABSTRACT
It would be recalled that the concept of inability within the meaning of article 17 of the Rome Statute envisages two distinct situations. The first one is the total collapse of a legal system. 1 This is not considered in this chapter. The reason is that this book assumes the existence of the Nigerian legal system. The second situation envisaged in article 17 of the Rome Statute is inability to obtain evidence or the accused or to carry out proceedings. 2 Obviously, inability to carry out proceedings appears to be a catch-all phrase, and it is not considered here. Therefore, what is left for consideration is the inability to obtain evidence and inability to obtain the accused.
