SHAFAQNA- The Kaduna State governor!, Nasir El-Rufai, on Friday inaugurated the Judicial Commission of Inquiry he set up recently, following Army’s brutal attack on Islamic Movement of Nigeria and its leader, Sheikh Ibrahim El-Zakzaky, Premium reported.
On December 17 2015, Mr. El-Rufai announced the establishment of a state Judicial Commission of Inquiry.
The Islamic Movement recently released a list of 705 people missing or killed by the Nigerian Army during the clash.
While reading the 13-point terms of reference, the governor thanked members of the commission for accepting to undertake the assignment.
“I wish to thank the chairman, members and secretary of this Judicial Commission of Inquiry for accepting to undertake this assignment.
“I want to recognize and also thank Yusuf Ali, SAN, and the team of lawyers working with him for graciously accepting to serve as counsel to the commission,” he said.
BELOW IS THE TERMS OF REFERENCE
1 – To determine the immediate causes of the clashes;
2 – To determine the historical circumstances, surrounding and contributory factors and remote causes of the clashes;
3 – To ascertain the number of persons killed, wounded or missing during the clashes;
4 – To identify all property alleged to have been damaged or destroyed during the clashes, the owners or occupiers of such property and the value claimed by them for such damage or destruction;
5 – To identify actions and omissions of relevant persons, traditional and religious institutions, Federal and State actors and emergency response agencies before, during and after the clashes;
6 – To determine whether the actions and omissions identified in sub-paragraph (e) above were necessary, appropriate and sufficient in the circumstances in which they occurred.
7 – To determine the evolution of the Islamic Movement in Nigeria, its organization, structure, membership, growth, assets, resources, culture and practices, and how any or all of these contributed to any engagement with the community, constituted authorities and the security agencies;
8 – To review all other factors, issues or matters, including the alleged involvement of foreign and domestic actors or their influence or instigation, that may have contributed to the incident or may conduce to such incidents in the future and make recommendations thereto;
9 – To make recommendations to the Kaduna State government and the federal government as to direct or indirect responsibility for any acts of commission or omission identified in sub-paragraph (v) above;
10 – To make recommendations as to actions to be taken to ensure that administrative or criminal responsibility is further determined by the appropriate administrative or judicial authorities for any identified acts or omissions;
11 – To make recommendations as to actions to be taken, policies to be developed and implemented to ensure that acts and omissions that may have contributed or led to the clashes are pre-empted entirely or, where they occur, their negative effects are mitigated, in future;
12 – To recommend any matter for prosecution, further investigation or the convening of a separate inquiry to the appropriate law enforcement agency, government department or prosecutor regarding the conduct of a certain person or persons; and
13 – To investigate any other matter incidental or relevant to these Terms of Inquiry which, in the commission’s view, should be investigated and make any other pertinent recommendations that it deems necessary for the purpose.
The commission is expected to submit it interim and final reports of within six weeks after the first public sitting.
BELOW IS THE LIST OF THE MEMBERS INAUGURATED
Justice Mohammed Lawal Garba – Chairman
Salisu Shehu – Commissioner
Umar Labdo – Commissioner
Salihu Abubakar – Commissioner
Auwalu Yadudu – Commissioner
Ibrahim Gambari – Commissioner
Afakriya Gadzama – Commissioner
Alexander Anjili Mshelbwala – Commissioner
Jibrin Ibrahim – Commissioner
Bilya Bala – Commissioner
Aminun-Kano Maude – Commissioner
Desire Deseye Nsirim – Commissioner
Khadijah Hawaja Gambo – Commissioner
The Judicial Commission inaugurated by Kaduna State Govt will not be fair to Islamic movement
Today the Kaduna state government of Nasiru Elrufa’i inaugurated the Judicial Commission of Inquiry into the army’s onslaught on the Islamic Movement in Nigeria last month. Before now we have written a petition against the commission and its composition, which unfortunately is not addressed by the state government, IMN reported.
The Islamic Movement believes the Commission looks more like an “Commission of Indictment” rather than a “Commission of Inquiry” because of the following indisputable facts:
1. Some identified members of the Commission have vested interests against the Movement in particular and the Shi’a in general. Thus, by Law, they are automatically disqualified from participating or serving in the Commission.
2. Kaduna State Government has demonstrated bias and made per-matured conclusions against the Movement even before setting up the Commission.
3. The Nigerian Army, ably represented in the Commission too, has vested interests with the level of serious and grievous allegations of massacre, illegal detention, rape, arson and willful destruction of properties against it.
4. The Movement is not represented in the membership of the Commission.
5. The composition of the Commission has no local or international human and humanitarian rights groups.
In view of the above, the fairness, independence and impartiality of the Commission as required by Section 36 of the 1999 Constitution of the Federal Republic of Nigeria, the provisions of the African Charter on Human and Peoples’ Rights Cap A9, Laws of the Federation of Nigeria, 2004 and the Universal Declaration of Human Rights are in doubt. The rules of natural justice require, inter alia, that where likelihood of bias can reasonably be inferred or discovered whether directly or indirectly from the surrounding circumstances, then fair hearing is not observed. This is because justice should not only be done but it must be manifestly and undoubtedly be seen to have been done.
Based on the above, we still insist that:
A) The Commission as constituted lacks both legal and moral standing to inquire into the “clashes” that happened between the Nigerian Army and members of the Islamic Movement in Nigeria on 12th -14th December, 2014 at Zaria for lack of fairness, independence and impartiality.
B) An independent judicial commission of inquiry with the supervisions and observation of international community be set up instead, to inquire into the Zaria incident of December 12-14th 2015.
C) The leader of the Islamic Movement, Sheikh Ibraheem Yaqoub Zakzaky should be released from custody, even as at the time of writing this statement neither his family nor lawyers have met him wherever he is being detained.
President of the Media Forum of the Islamic Movement in Nigeria