Kaduna State Governor, Malam Nasir el-Rufai inaugurated
the Judicial Commission of Inquiry on the Shi'ites-Army clash in Zaria
on Friday, January 29 at the Sir Kashim Ibrahim House.
The Commission is being chaired by Justice Mohammed Lawal Garba, the
presiding justice of the Port Harcourt Division of the Court of Appeal. The commission has twelve Commissioners that include:
2. Prof. Umar Labdo – Commissioner. Professor Labdo teaches in the Faculty of Humanities, Northwest University, Kano.
3. Malam Salihu Abubakar – Commissioner. Malam Abubakar is a former
director of the National Agricultural Extension and Research Liaison
Services (NAERLS), Ahmadu Bello University, Zaria.
4. Prof.
Auwalu Yadudu – Commissioner. He is an accomplished professor of Law,
and former Special Adviser on Legal Matters during the Abacha
government.
5. Prof. Ibrahim Gambari – Commissioner. Professor
Gambari is a former minister of Foreign Affairs. He was also
Under-Secretary-General of the United Nations, and headed the UN
department of Political Affairs. He is often consulted on African
Affairs, Peacekeeping and Global Security.
6. Mr. Afakirya
Gadzama – Commissioner. Mr. Gadzama, a career intelligence
professional, is a former Director-General of the Department of State
Services, where he served in various positions, including as Kaduna
State director of the agency.
7. Brig-Gen. Aminun-Kano Maude (rtd) – Commissioner. General Maude
is a retired Deputy Director, Army Finance and Accounts. He holds a Ph.D
in Accountancy.
8. Dr. Jibrin Ibrahim – Commissioner. Dr.
Ibrahim is a well-known civil society leader and columnist. He taught
politics at the Ahmadu Bello University, and has researched and written
about religion.
9. Mrs. Khadijah Hawaja Gambo – Commissioner.
Mrs. Gambo is a gender rights activist, social entrepreneur and conflict
resolution expert active in Plateau and neighbouring states. She is
fluent in Arabic.
10. Mr. Bilya Bala – Commissioner. Mr. Bala is
an accomplished banker and journalist. He is currently editor-in-chief
of the People’s Daily newspaper.
11. Maj-Gen Alexander Anjili
Mshelbwala – Commissioner. General Mshelbwala is a retired infantry
general knowledgeable in civil-military relations and
counter-insurgency. He was former Military Secretary of the Nigerian
Army.
12. Mrs. Desire Deseye Nsirim CP (Rtd.) – Commissioner.
Mrs. Nsirim was a distinguished police officer. She retired after being
the commissioner of police of Niger State.
Dr. Bala Babaji,
Director of the Centre for Islamic Legal Studies, Ahmadu Bello
University, Zaria is to serve as Secretary to the Commission. He is to
be assisted by a secretariat with experts drawn from academia, civil
society and the public service of the state and the Federation.
The counsel to the commission is Malam Yusuf Ali, a Senior Advocate of
Nigeria, a chartered arbitrator and a member of the Body of Benchers.
SPEECH BY THE GOVERNOR AT THE INAUGURATION:
We are here today to perform a solemn duty, to kickstart the work of
the Judicial Commission of Inquiry into the 12-14 December 2015 clashes
in Zaria. As you are aware, lives were lost and property were destroyed
during the tragic clashes between the group known as the Islamic
Movement in Nigeria and a detachment of the Nigerian Army. For reasons
of accountability and transparency, the Kaduna State Government deems it
right and proper to institute this Judicial Commission of Inquiry into
the incidents. This will allow all parties to state their case and
afford the public a fair and accurate accounting of the events.
The Kaduna State Government is of the firm belief that such an
authoritative account will assign administrative and criminal
responsibility where due. In addition to determining responsibility, the
outcome of this Inquiry will hopefully enable government and society to
understand the historical background, and the culture and practices
that are relevant in providing context to the regrettable events. The
government is especially concerned that all citizens take seriously
their duty of allegiance to the Constitution of the Federal Republic of
Nigeria, to respect the prerogatives of state institutions, to abide by
the laws of the country and to exercise their freedom to practice their
faith in ways that do not infringe on the rights of other citizens.
Since the government announced its decision to constitute this Judicial
Commission of Inquiry, we have been asked why we are establishing this
Inquiry in the light of certain actions the government has taken. Our
response is that it is neither right nor prudent for the Kaduna State
Government to abdicate its constitutional responsibility, and to conceal
this under the cover of a commission of inquiry. Governance cannot be
suspended even for processes as weighty as a Judicial Commission of
Inquiry. Where the government has evidence that crimes have been
committed, it is only proper that prosecutions be initiated.
In
the aftermath of the clashes, it became the duty of the municipal
authorities to restore normalcy to the affected neighbourhoods. Measures
to safeguard public health and safety by removing unsound structures,
and clearing debris from the scene of the clashes thus became
unavoidable. People were rescued from the debris, while corpses which
could have constituted a risk to public health were discovered and
removed. The governance of the state cannot be paused because of the
events of December 2015.
In all our actions since the events, we
have sought only to discharge the normal obligations of government to
protect the rights of all citizens with equal concern and to protect the
public interest. Kaduna State bears too vividly the scars of the
horrors that have been inflicted on it by ethno-communal and religious
upheavals. We have a duty to promote peace, foster harmony, and end the
legacy of division by ensuring that the law applies equally to everyone.
Let it be clear that the Kaduna State Government is convinced that a
Judicial Commission of Inquiry provides a chance to understand the
events that happened, their background, establish casualties, assign
responsibilities and make appropriate recommendations to the federal and
state governments, so that such tragedies may be avoided in future.
Those that wrongly believe that a federal government inquiry is
necessary to satisfy them should note that under the 1999 Constitution,
only State Governments can institute judicial commissions of inquiry in
their states. The Federal Government can only do so in the Federal
Capital Territory of Abuja. Those that argue that a state level inquiry
cannot invite, compel attendance and interrogate the criminal or
administrative responsibility of federal actors are also wrong as the
laws of Kaduna State apply to every person that is engaged in acts of
omission or commission in our territory whether that person or group is
military, paramilitary or civilian. Members of the Armed Forces, like
all citizens, are subject to state and federal laws. We have been
deliberate in consulting widely with the governments of the 19 Northern
States and the Federal Government before concluding on the need for this
Inquiry.
These distinguished Nigerians have been selected for their
integrity, skills, experience and competence. They are not representing
any organization, group or interest. It is their knowledge, professional
skills, character and record of service that qualified them to be
chosen for this important national assignment. We are confident that the
caliber of persons we have today and the diverse pool of knowledge,
experience and patriotism they collectively bring will help our state
and our country to ensure that the needless deaths of our citizens that
occurred in the December 2015 clashes are never repeated.
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.
My Lord Chairman, ladies and gentlemen, this Inquiry may well
turn out to be a thankless assignment for which you will be accused,
smeared and attacked. Some of it may already have started. It is however
a task that needs the attention of our best and brightest. It requires
the thickest of skins. You are the thirteen wise men and women that we
believe will do this for Nigeria under the guidance of Almighty God. I
therefore urge you to take all present and future challenges in your
stride while striving to be fair and just to everyone as required by our
Constitution, laws, the Instrument and the rules of natural justice.
The Terms of the Inquiry are as follows:
i. To determine the immediate causes of the Clashes;
ii. To determine the historical circumstances, surrounding and contributory factors and remote causes of the Clashes;
iii. To ascertain the number of persons killed, wounded or missing during the Clashes;
iv. 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;
v. 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;
vi. 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;
vii. 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;
viii. 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;
ix. 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;
x.
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;
xi. 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;
xii. 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
xiii. 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 Kaduna State Government looks forward to
receiving the interim and final reports of this Commission within six
weeks after the first public sitting.
I am confident you will enjoy your stay in Kaduna. May the Almighty God guide and protect us all. Amen.
Thank you very much, and God Bless the Federal Republic of Nigeria.
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