The
Judicial Commission of Inquiry set up by the Kaduna State Government to
investigate the December 12-14, 2015 clash between the Nigerian Army and
members of the Islamic Movement in Nigeria (IMN), also known as Shiite or Shia
sect, has indicted the leader of the group, Sheikh Ibraheem El-Zakzaky, for
alleged acts of lawlessness by his members.
The
13-member panel headed by Justice Mohammed Garba Lawal, in its reported
submitted recently to Governor Nasir el-Rufai which was made public in Kaduna
Sunday night, said El-Zakzaky and his members should be held responsible for
the bloody clash with the Nigerian Army last December, which led to the deaths
of 349 people, including one soldier.
The
report also accused the Nigerian Army of “disproportionate use of force
contrary to its rules of engagement”, declaring that soldiers and officers of
the Nigerian Army who were involved in the killing of 348 members of the Shiite
sect should be prosecuted.
The
panel’s findings contained in the report said 349 people – including one soldier
– were killed. “Out of the said 349 dead persons, 347 (excluding the soldier)
were buried in a mass grave,” said the report.
The
commission said it had received 3,578 memoranda – 132 letters and 3,446 emails
– along with 39 exhibits and 87 witnesses’ testimonies in the course of the
inquiry and the writing of the 193-page report.
“Members
of the IMN owe absolute loyalty to Sheikh Ibraheem El-Zakzaky. He therefore
bears responsibility for all acts of lawlessness committed by the organisation
and should therefore be held responsible, fully investigated and prosecuted,”
the panel said in its report.
Members
of the sect and the army clashed in the Zaria when the latter blocked a major
highway during one of its religious processions, in the process blocking access
to the Chief of Army Staff (COAS), Lt. Gen. Tukur Buratai, who was attending
the passing out parade of the army depot in the area on December 12, 2015.
The
commission noted that “the number of casualities recorded during the incident
was too high and cannot be justified”, stressing that “members of the Nigerian
Army found to have been involved in the killings should be brought to trial
before a court of competent jurisdiction”.
The
panel also recommended that members of the IMN found to have been involved in
the killing of one army corporal, Dan Kaduna Yakubu, during the incident should
also be prosecuted.
It also advised the Nigerian Army to “intensify efforts in ensuring compliance with the rules of engagement and other legal standards” at all times during operations.
The
panel in the report also challenged the government and law enforcement agencies
to be alive to their responsibilities by investigating all persons allegedly
breaking the law, even when such persons belong to powerful religious groups.
The
report added: “The IMN is notorious for engaging in hate and dangerous speech
that provoke other Muslims,” adding that “the National Assembly should initiate
the establishment of a law against hate and dangerous speech, and once enacted,
the law should be enforced”.
According
to the report, efforts by the Kaduna State governor to get the Shiite leader
order his members to remove the barricades for the chief of army staff fell on
deaf ears.
“The
Kaduna State governor’s personal call to the IMN leader in which he asked
Sheikh Ibraheem El-Zakzaky to call upon his followers to remove barricades on
Sokoto Road and allow the chief of army staff access fell on deaf ears.
“Though
it was not necessary for the governor to have to do that, it was however
commendable, appropriate and sufficient in the circumstances.”
The
report however declared that it was inappropriate for the Kaduna State
Government to have buried 347 dead persons without a proper inquest, noting,
however, that the mass burial was “necessary due to the health risk it posed if
they were not buried”.
The
panel blamed both the state and the federal governments for the absence of
political will to check the menace of the IMN over the years.
On
the demolition of the property of the IMN leader, the panel maintained that
“the demolition of the Foudiyya School and the Jushi graveyard of El-Zakzaky’s
mother and sister, which did not pose any danger to the public, was unnecessary
and inappropriate”.
The
panel further noted that federal government has the overall responsibility for
the well being of every Nigerian.
According
to the report, “The Constitution of the Federal Republic of Nigeria guarantees
certain fundamental rights of every citizen and it is the duty of the federal
government to protect these rights.
“The
activities of any person, group or community that poses a serious threat to
national security, the unity and peaceful co-existence and curtails the rights
of the other members of the society should be of more than passing interest to
the government.
“From
the testimonies of the State Security Service (SSS), the Nigeria Police, groups
such as the Jamaatu Nasril Islam (JNI), communities such as Gyallesu Community,
Sabon-Gari community and a host of others, including individuals, it is clear
that the menace of the IMN activities had been going on (seemingly
unchallenged) for quite a long time.
“Its
external relationship with other countries, such as the Islamic Republic of
Iran and Lebanon, has also been touted. In all these, the government was silent…
“The
Constitution of Nigeria protects the rights of all citizens to religious
freedom, belief and proselytization and these rights must be respected and
protected bearing in mind that the same Constitution has placed limitations.
“When
however certain religious organisations and movements abuse these rights by
engaging in criminal and illegal acts, the state has a responsibility to
investigate and prosecute those who infringe the law.
“The
state is effective if it has legitimacy and state legitimacy is itself a
function of the state carrying out its responsibility of providing for the
security and welfare of citizens.”
The report also showed that considerable evidence was presented against the sect before the commission on the very many infractions of the law that had been committed by its members, adding that most of the cases had not been investigated or prosecuted by the police.
In
this regard, the report asked the federal government to “direct the Inspector
General of Police to set up task forces in state commands to compile,
investigate and prosecute lawless acts committed by the IMN”.
“Considering
the nature and organisational structure of the IMN, where the leader has total
control over the members, Sheikh Ibraheem El-Zakzaky should be personally held
responsible for all acts of commission and omission of the entire membership of
the Islamic Movement in Nigeria in its clashes with the Nigerian Army for
refusing to call his members to order when required to do so.
“All
incidents of violence and aggression by the members of the IMN against
individuals, groups or communities, which have resulted in grievous bodily
harm, destruction of properties and deaths, should be fully investigated and
the culprits brought to book. Where appropriate, compensations should be paid,”
the report stated.
Members
of the Shiite sect had initially appeared before the panel but later backed
out, alleging that some members of the panel were opposed to the group.
They had also demanded for access to their leader who is currently in detention as a condition for appearing before the panel.
As
of press time the reaction of the sect to the recommendations of the Judicial
Commission of Inquiry was still being awaited.
However,
a civil society organisation, Access to Justice, yesterday called on the Kaduna
State Government to bring criminal charges against the General Officer
Commanding (GOC) of 1 Division of the Nigerian Army in Kaduna, Major General
Adeniyi Oyebade, and Colonel A.K. Ibraheem as well as others whom the Justice
Garba Panel indicted following the deaths of hundreds of Shiite members.
Saying that this is the only path to justice, the group said failure to prosecute the military officers implicated in Shiite killings would be grave and atrocious injustice.
In
a statement signed yesterday by its Executive Director, Mr. Joseph Otteh, the
group said Nigeria cannot adopt an “apartheid” system of justice in a
constitutional democracy.
It
stated that by prosecuting only members of the Shiite movement for the death of
one soldier and remaining taciturn over the countervailing claims of justice
for the deaths of hundreds of Shiite members showed that the state government
had taken sides, not only in the conflict, but in how to account for the
horrendous loss of lives in that conflict.
The
group said the use of the criminal justice system by the government to express
and reflect bias was “deeply unfortunate.”
“The
Kaduna State Government must begin the prosecution of all the military officers
indicted by the Justice Garba report now, and do so with the same vigour and
spirit with which it is prosecuting members of the Shiite movement for the
murder of one soldier.
“It
is extremely disquieting that the Kaduna government would rather arrest and
prosecute over 200 persons for the death of one soldier, than charge one
soldier for the death of well over 348 residents of Kaduna State.
“The
lives of hundreds of IMN members who were brutally killed by Nigerian soldiers
are worth protecting the same way the life of one soldier is worth protecting.
“A
democratic, constitutional government means that the government is not at
liberty to prefer one life above another, or to make judgments on the value of
each person’s life based on ethnicity, faith, status or institutional
affiliations, but must offer equal protection to Nigerian citizens.
“It means that the government must provide equal protection of the law to all citizens and, therefore, hold accountable in equal measure, any persons who have caused or contributed to the loss of any life. The government cannot determine which life is worthy of protection and whose life is not!
“It
means the government is not at liberty to let some citizens live above the law
and outside of it, and compel others to live under it. It means that there are
no second class citizens of Nigeria. It means that justice must be equally and
evenly rationed to all citizens alike, whether they are soldiers or civilians.”
According
to Reuters, how the authorities respond to the inquiry’s findings may indicate
the extent to which reform is being implemented under a drive by President
Muhammadu Buhari, to root out human rights violations by soldiers.
The
report published on Sunday confirms claims by human rights groups such as
Amnesty International that the army killed hundreds of Shi’ite Muslims during
three days of clashes in the northern city of Zaria. The army has repeatedly
denied this.
Reacting
to the report, Nigerian Army spokesman, Col. Sani Umar said: “We are aware that
the report has been made public and we are studying it.
Africa’s
most populous nation has around 180 million people, including several thousand
Shi’ite Muslims whose movement was inspired by the 1979 Islamic Revolution in
Shiite Iran.
The
majority of the country’s tens of millions of Muslims are Sunni – including the
Boko Haram jihadist militants who have killed thousands in bombings and
shootings mainly in the North-east since 2009.
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