Islamic Ulema must help Sheikh Zakzaky

13782228_10206664328149283_2654233856525323725_nReligions / News – Friday 29 July 2016 – 11:26

The Nigerian Government have tortured Sheikh Zakzaky in the most inhumane way, they are trying to end his life the same way they did to Sheikh Baqir al-Nimr, therefore Islamic Ulema must not keep silent.

Iranian Supreme Leader’s Representative: Islamic Ulema must help Sheikh Zakzaky
Hawzah News Agency- The Nigerian Government have tortured Sheikh Zakzaky in the most inhumane way, they are trying to end his life the same way they did to Sheikh Baqir al-Nimr, therefore Islamic Ulema must not keep silent.

Pointing at current physical problems of Sheikh Zakzaky, Hujjat al-Islam Maboudi said, “This great scholar spent all his lifetime to promote Ahl-ul-Bayt’s (PBUH) doctrine, he even sacrificed his children to do so and never surrendered,” He said in an interview with Hawzah News.

Iranian Supreme Leader’s representative in Qazvin went on, “Nigerian government have imposed the worst physical and mental tortures on Sheikh Zakzaky, they are trying to end Zakzaky’s life the same way Al Saud put an end to Sheikh Nimr’s life. Therefore human rights activist along with Islamic Ulema must not keep silent,”
Stating that silence of the So-called human rights activists reveals their true identity in public opinion.

He continued,” The United Nations is funded by all countries, but backs the arrogant powers.”

PROCEEDINGS OF THE 26TH DAY OF JULY 2016 IN THE CASE INVOLVING 81 MEMBERS OF THE ISLAMIC MOVEMENT IN NIGERIA

CHARGE NO KDH/KAD/37C/2016
STATE VS MOHAMMED AUWAL YAKUBU AND 80 ORS
DATE: 26/7/2016
JUDGE: JUSTICE DAVID WYOMS
COURT: COURT NO 6, KADUNA
Proceedings:
Appearances:
Dari Bayero Esq appears with A Isiaka and MD Joseph for the prosecution
Festus Okoye Esq appears with Maxwell Kyon, Haruna Magashi and Ummishetu Shehu for the accused persons:
Hon. Justice David Wyoms of the Kaduna State High Court (No. 6) will on the 26th day of September 2016 deliver rulings on various applications filed by the Prosecution and the Defense in one of the cases involving 81 members of the Islamic Movement in Nigeria. The members of the Islamic Movement in Nigeria are standing trial for Culpable Homicide, Unlawful Assembly, Disturbance of Public Peace and Wrongful Restrain punishable under sections 97, 221, 102, 106 and 256 of the Penal Code Law, Laws of Kaduna State, 1999.
ON THE MOTION FOR ARMY OFFICERS TO TESTIFY IN PRIVATE
Arguing his Motion, Dari Bayero, the Director of Public Prosecution, Kaduna State informed the Court that they filed a Motion on the 26th day of July 2016 seeking the order of Court permitting their witnesses No 1-9 to give their testimony in private(The witnesses are Colonel A.K Ibrahim, Commander I Division Internal Security; Colonel Sani K. Usman, Army Public Relations Officer; Colonel Mohammed Fago, Officer with the Records Office; Colonel Y. Ali; Lt. Colonel P. Kulawe Officer in charge of Operation Yaki; Nasiru Wowo, Soldier; Jiya Mahmud Liman, Soldier; Kanafa Suleiman, Soldier; and ASP Tanimu Jeremia a Ballistician). He supported the Application with 9 paragraphs affidavit. He informed the Court that the witnesses are principal officers in charge of their units and formations in the Nigerian Army. He stated that because of the role they played in the events leading to the charge, they received various threats to their lives and the threats were received online. He urged the court to protect the witnesses.
Responding Maxwell Kyon Esq holding the brief of Festus Okoye Esq informed the Court that the defense filed a 6 paragraphs counter affidavit in opposition to the Motion and relied on all the paragraphs of the affidavit. He stated that the issue before the court does not bother on the personal liberty of the witnesses as they erroneously stated in their Motion paper and that since the Motion was brought under section 35 of the Constitution, the implication is that the very foundation on which the application rests is faulty.
He called in aid section 36 of the Constitution of the Federal Republic of Nigeria which states that any person charged with the commission of a criminal offence ought to be given a fair hearing. He stated that “One of the fundamental ingredients of fair hearing is that such an individual must be tried in the open. The fundamental question to be asked in the circumstances of this case is: whether the facts as put forward by the applicants have placed before my lord’s sufficient material as a basis for the granting of the Application. We don’t know who the Muslim Brothers are as the prosecution stated that they are the ones threatening them. Our clients are members of the Islamic Movement in Nigeria. The persons threatening them have no business with the proceedings before the Court. Paragraph 6(B) of their affidavit is that they know the leadership of the Movement that is threatening them. The leadership of the Islamic Movement in Nigeria is either in detention or were killed during the events of the 12th to 14th December 2015.
We have stated clearly that they killed the leadership of the Islamic Movement in Nigeria and the rest are in detention. They have not denied these facts. On the basis of that alone without more we urge my Lord to find that the application is lacking in merit and to throw it out. We further state that if the threats were online, the prosecution should have printed same and exhibited it. Since the applicants know those threatening them, they should have arrested them and brought them to justice. We further state that the prosecution never controverted the fact as deposed in the affidavit of the defense that nobody belonging to the Islamic Movement in Nigeria threatened them”.
“In paragraph 6(f) of our counter affidavit, we averred that these same officers testified before the Judicial Commission of Inquiry set up by the Kaduna State and it is coming to court that is now their problem. In considering the provisions of section 36 of the Constitution and the fundamental nature that trials should not be done in secrecy no less a court than the Supreme Court in the case of Misimi Alimi &Ors and Asani Kosebini &Ors pointed out that it is fundamental at the end of the day that Justice is not only done but  bed seen to be done.
We urge must Lord to hold that the 1st leg of the application must fail.
ON THE APPLICATION TO CONSOLIDATE CHARGE NO 37C AND 39C
On the application to consolidate charge no 37c and 39c before the same court, Dari Bayero told the court that they contain the same offences, the same witnesses, the same counsel and the same judge. He stated that the charges were separated for ease and convenience. Since some of the accused persons involving mainly women and children have been dropped from the charges, the inconvenience no longer exists. We urge my Lord to consolidate the two cases.
In opposing the application Maxwell Kyon informed the Court that it is hinged on two fundamental issues. He stated that every court derives its jurisdiction to do an act from a written statute. “This honourable court derives its powers from section 6 of the Constitution of the Federal Republic of Nigeria, 1999 and from the CPC in the management of criminal matters. He stated that the CPC does not give the court the power to consolidate criminal matters.  He stated that inherent jurisdiction cannot be extended. There is no statute that gives the Court the power to consolidate the matter. We urge my Lord to find that this present application is lacking in merit and we urge my Lord to dismiss it.
ON MOTION TO MAKE AVAILABLE THE EXTRA JUDICIAL STATEMENT OF ACCUSED PERSONS.
Maxwell Kyon Esq informed the court that the defence filed a Motion on Notice dated the 21st day of July 2016. The Motion prays this honorable Court to direct the prosecution to make available to the defence photocopies of the extra judicial statements made by the accused persons and all documents that the prosecution intends to rely on in relation to the matter. He said that the application is supported by a 6 paragraph affidavit. He cited the Supreme Court authority of Okoye v. COP (2015) All FWLR (part 799) to buttress his contention and urged the court to grant the application.
Responding Dari Bayero objected to the granting of the application and insisted that the Motion will lead to the inspection of the case diary contrary to section 122 of the CPC. He urged the court to refuse the application.

WE DEMAND THE IMMEDIATE RELEASE OF SHAIKH ZAKZAKY FOR APPROPRIATE MEDICAL ATTENTION

The following is a Press Statement on the most recent development on the health situation of the revered leader of the Islamic Movement in Nigeria IMN, His Eminence Sheikh Ibraheem Zakzaky (H), delivered at Kaduna today by the National Coordinator of the Resource Forum of the IMN Prof. Abdullahi Danladi:
Good morning ladies and gentlemen.
 
It has become increasingly clear that the Nigerian authorities are not too bothered about the survival or health of the leader of the Islamic Movement in Nigeria, Shaikh Ibraheem Zakzaky. While they recently cynically told the Federal High Court sitting in Abuja that they are detaining him with his consent in protective custody and that they have spent close to five million Naira on him, evidence glaringly point to the contrary. The Shaikh is being held and allowed to gradually loose his sight and die in detention.
 
On a very rarely allowed visit by his immediate family members, the actual condition in which the Shaikh is being detained once again came in focus. What is obvious is that his health condition in general and his sight in particular, is gradually but rapidly deteriorating. His only surviving son raised an alarm soon after only the fourth allowed visit by family members since the past eight months he is in detention without charges.
 
In an open letter released last week, Shaikh Zakzaky’s son wrote “as his sight continues to fail day by day, the DSS continues to refuse, under the guise of bureaucratic excuses, our request that a known qualified doctor be allowed to attend to him.” Elaborating further in an interview, the younger brother of the Shaikh, who was in the team of family members that were allowed to visit, explained that Shaikh’s left eye is in dire need of specialized medical attention. He complained that surgery earlier done to the eye by DSS chosen doctor in an attempt to save his sight appears to have failed, and the doctor had confessed that he could no longer do anything else as he has reached the limits of his professional abilities. The doctor had reportedly also told the Shaikh that perhaps an intervention in a better equipped facility could save his sight. Additionally, the left arm where he sustained gunshot wounds is still demobilized and the wounds are yet to completely heal. There is no mention of how well-controlled his elevated blood pressure for which he had been on medications prior to the attack eight months ago is.
 
The Islamic Movement in Nigeria (IMN) is deeply concerned about the health of our incarcerated leader and believe that it is in the interest of the Nigerian State and those holding him to release him unconditionally to enable him attend to his heath. The Nigerian people and the international community know too well that our leader has not been accused of committing any crime and has not been charged or arraigned before any competent court of the land for the past eight months in clear violation of his Fundamental Human rights.
 
We would like to strongly appeal to those that are holding him hostage illegally in violation of his basic rights, to release him as a matter of urgency to enable him seek medical attention in any place of his choice.
 
Similarly, we call on all human rights groups and rights activists, well-meaning citizens and journalists, who are conscience of the nation, to join hands in demanding for Justice for the Islamic Movement, its leadership and members who are currently languishing in Kaduna prison, and in particular all those still being kept captives by the military in various military and DSS detention facilities, whose health condition we don’t even know. This must start from the immediate release of Shaikh Zakzaky.
 
Thank You.
Signed
Prof. Abdullahi Danladi
Islamic Movement in Nigeria

El-Rufai, Don’t Kill The Zaria Massacre! By Emmanuel Ugwu

Kaduna State Governor Nasir El-Rufai'iBY EMMANUEL UCHENNA UGWUJUL 23, 2016

In the wake of the massacre of hundreds of Nigerians in Zaria by the Nigerian Army, Kaduna state governor, Nasir El-Rufai, empanelled a judicial commission of inquiry and mandated it to investigate the tragedy. That commission has concluded its assignment and submitted its report. Mr. El-Rufai now faces a binary choice: To use the report as an instrument for the pursuit of justice or to consign it to the dump.

Too often in Nigeria, a commission of inquiry is a hollow response to an embarrassing man-made disaster. It is a near-reflex play staged for tokenism. A courteous first aid orchestrated for momentary optics, a fulfill-all-righteousness gesture that serves as a substitute for real therapeutic reckoning.

A commission of inquiry –in principle, an inquest that revisits a distasteful incident and facilitates a constructive catharsis and a teachable moment for the commune –is something else in this space. Here, it is a contraption of expediency. The handy apparatus the politician uses to de-escalate a crisis in his constituency, extinguish outrage and award himself pretext for inaction.

Even in situations where all the vital facts are common knowledge –as in Zaria where Nigerian soldiers waged an indefensible war on Nigerian civilians –the government prefers to feign ignorance and to insist that it needs a drawn-out farce to acquaint it with the open secrets.

The carnage of Zaria was executed in broad daylight. It did not require the verification or illumination of a ‘commission of inquiry’. No dark mysteries shrouded the callous killing. Nigerian soldiers spread their killing spree over two days and two nights and they killed like audacious poachers in a game reserve!

Members of a minority muslim sect had mounted a blockade on the high way. They did so to avert the complication of managing the massive procession and normal vehicular traffic. They compelled other road users to make a detour.

The convoy of the Chief of Army Staff, Lt. General Tukur Yusuf Burutai, heading to a yonder address, bumped into the road block. There were pleas for right of way. The vanguard of the faithful, intoxicated by their own zeal and by the excitement of the carnival spirit, demurred. The soldiers warmed into a killing mood, engaged their guns and procured a bloody breakthrough.

But the soldiers were not content with the roadside shootings. They didn’t count the number of the dead sufficient vengeance for the ‘insult’ on their General. They deployed to the shrine of the sect and multiplied the death toll. They shot innocents who could never have been involved in the blockade. They wasted women, children, the suckling.

They invaded the home of the leader of the sect, Ibrahim El-Zakzaky. They killed three of his sons and shot his wife 7 times. They shot El-Zakzaky four times on his legs, dragged him out of his house, stripped him of his clothes, and transported him on a wheel barrow.

Moments later, the soldiers realized they had killed too many human beings for the world not to notice. They started a desperate mop up of the corpses to erase the trace of crime against humanity. They broke into hospitals and morgues in the environs and evacuated the dying and the dead. They drove the bloodied bodies to a remote location, dug mass graves and did a cover up.

The killings on the road and the extra killing at the shrine and the mass burial were not secrets. Who did what is widely known. There are no known unknowns, no unknown unknowns. There was a massacre and there are identifiable culprits still circulating freely.

But officialdom flinched from calling the massacre by the proper name. They elected to style it Shiite-military ‘clash’. The slaughterfest was euphemistically minimized because the consumed were ‘Shiites’. They didn’t belong to the Sunni mainstream. They were subhumans whose massive dispatch didn’t qualify to be honoured as a massacre!

There was abundance of evidence to prompt swift prosecution. But El-Rufai chose to buy time through the rigmarole of a ‘commission of inquiry’. He took the option on the calculation that the process of receiving thousands of memorandums and reading them, collecting exhibits and examining them, hearing eyewitness testimonies and determining the common fragments of resemblance among the honest-to-God narratives would take plenty of time. He was certain that early into the insufferably slow proceedings, a society with a very short attention span would mentally and emotionally abandon the boring academic reconstruction of the painful memory.

El-Rufai’s initial response to the massacre was nearly as horrifying as the massacre itself. Hardly had the blood of the murdered congealed before he sided with the mass murderers and rationalized the killing. He went on TV and revictimized the victims, pronouncing them guilty of a failed attempt to assassinate Burutai.

El-Rufai would later double down and authorize the prosecution of 50 ‘Shiites’ and instruct the state prosecutor to pray the court to hand down a guilty verdict and death penalty!

His establishment of the ‘commission of inquiry’ is a brazen act of hypocrisy. He had demonstrated all too clearly that he was pleased by the massacre and that he would have been happier if a total purge of the Shiites was achieved. He regards Shiites as non-humans. People whose lives were dispensable because they practice the ‘wrong’ version of Islam.

It is worthy to note, though, that while his ‘commission of inquiry’ was trying to strike pay dirt, Amnesty International, the leading human rights NGO in the world, published a rich description of the massacre. AI asserted that the Nigerian Army unprofessionally resorted to launching a full scale ‘military operation’ in a situation that would have been saved with prudence and law-and-order management.

AI noted that the Nigerian Army embarked on a campaign of arson, immolated people and shoved the victims into mass graves.

It also dismissed as nonsense the putative rationale for the massacre. It said the Nigerian Army failed to substantiate the claim that there was an attempt on or threat to the life of the Chief of Army Staff. It further emphasized that the Nigerian Army took deliberate steps to destroy evidence of their crime: “Bodies were taken away, sites were razed to the ground, the rubble removed, bloodstains washed off, and bullets and spent cartridges removed from the streets.”

While receiving the report of his ‘commission of inquiry’, El-Rufai said that the Kaduna State government would study it before reaching a decision to publish or not.

Columnist Jibrin Ibrahim, a prominent member of the commission, suggested that the report was marked TOP SECRET for the sake of peace; implying that members of the public –the decimated Nigerian Shiite community and the bereaved families inclusive –ought to be protected from the post mortem at all cost.

The classification was thought to be necessary. The report ostensibly contains the identity of the perpetrators of the massacre, the scope of their terrorist destruction and the complicity of some government institutions. Its release to the public would inevitably generate very strong reactions: It’s better hidden like light under a bushel.

A Premium Times leak says the report blamed the Nigerian police for being remiss in their duty and indicted the General Officer Commanding the Nigerian Army 1st Division in Kaduna, Major General Adeniyi Oyebade, and Colonel A.K. Ibraheem, who led the ‘operation’.

No word was invested on Burutai. No word on the General who smugly watched as soldiers in his convoy gunned down civilians so he can walk on a red carpet of fresh blood to an inconsequential passing out parade no one remembers now!

To be sure, the Islamic Movement of Nigeria did not participate fully in the proceedings of the commission. The organization didn’t have the instruction of El-Zakzaky to present its version of the massacre to the commission. The Department of State Security denied the organization’s lawyers meaningful engagement with him. The DSS says the man, now blind in one eye and paralyzed, was being held in ‘’protective custody’’ for his own good.

Nevertheless, the report, for what it is worth, should be made public. The ‘commission of inquiry’ was inaugurated to interrogate the massacre and to reflect all the dimensions of its actuality. No aspect of the truth of that massacre should be revised or abridged or withheld in the name of ‘security reasons’. Nobody who is culpable should enjoy disguised immunity.

Instead of subjecting the report to editorial sanitation, there should be full disclosure. The report should be released in its pristine form. Kaduna people and all Nigerians should know why Nigerian soldiers who are paid and equipped by Nigerian taxpayers wasted 347 Nigerian civilians …like a trigger-happy death cult!

Nigerian Shiites are held in contempt by their Sunni brethren. Even President Muhammadu Buhari, the leader who made that I Belong To Everybody and I Belong To Nobody speech, could not restrain himself from betraying his disdain for the Shiites. Against all sense, he said on national TV that the Shiites deserved the massacre. They irritated uniformed men invested with the power of life and death. They were ”virtually hitting the chest of Generals”.

Virtually!

The ‘Shiite’ label seems to bespeak a grade of inferiority. It need not be. Religious persuasion does not diminish the personhood of a human being.

Those people who were shot dead and burnt alive were human beings. They had a right to life. Their group murder should be legally punished as such.

El-Rufai prosecuted 50 Shiites for allegedly killing a soldier in ‘the clash’. He should be fair enough to prosecute the soldiers who wasted 347 Shiites. A soldier’s life is not more equal than a ‘Shiite’ life.

No sane society excuses or abides the devaluation of the lives of its citizens. Nigeria should not be a prehistoric cannibal jungle that does.

Extrajudicial killings impoverish the community in human beings and in human feeling. No case of extrajudicial killing should be ignored or explained away. Every extrajudicial killing should be redressed. A nation that permits the gratuitous killing of its own people has made a self-fulfilling prophecy of its own extinction.

El-Rufai must rise above his Sunni chauvinism. He should publish the report of the Zaria massacre and cause his Attorney General and Commissioner for Justice to prosecute the indictees. Anything less would be killing the massacre!
immaugwu@gmail.com

@EmmaUgwuTheMa

El-Rufai, Don’t Kill The Zaria Massacre! By Emmanuel Ugwu
In the wake of the massacre of hundreds of Nigerians in Zaria by the Nigerian Army, Kaduna state governor, Nasir El-Rufai, empanelled a judicial commission of inquiry and mandated it to investigate the tragedy. That commission has concluded its assignment and submitted its report. Mr. El-Rufai now faces a binary choice: To use the report as an instrument for the pursuit of justice or to consign it to the dump.
BY EMMANUEL UCHENNA UGWUJUL 23, 2016

In the wake of the massacre of hundreds of Nigerians in Zaria by the Nigerian Army, Kaduna state governor, Nasir El-Rufai, empanelled a judicial commission of inquiry and mandated it to investigate the tragedy. That commission has concluded its assignment and submitted its report. Mr. El-Rufai now faces a binary choice: To use the report as an instrument for the pursuit of justice or to consign it to the dump.

Too often in Nigeria, a commission of inquiry is a hollow response to an embarrassing man-made disaster. It is a near-reflex play staged for tokenism. A courteous first aid orchestrated for momentary optics, a fulfill-all-righteousness gesture that serves as a substitute for real therapeutic reckoning.

A commission of inquiry –in principle, an inquest that revisits a distasteful incident and facilitates a constructive catharsis and a teachable moment for the commune –is something else in this space. Here, it is a contraption of expediency. The handy apparatus the politician uses to de-escalate a crisis in his constituency, extinguish outrage and award himself pretext for inaction.

Even in situations where all the vital facts are common knowledge –as in Zaria where Nigerian soldiers waged an indefensible war on Nigerian civilians –the government prefers to feign ignorance and to insist that it needs a drawn-out farce to acquaint it with the open secrets.

The carnage of Zaria was executed in broad daylight. It did not require the verification or illumination of a ‘commission of inquiry’. No dark mysteries shrouded the callous killing. Nigerian soldiers spread their killing spree over two days and two nights and they killed like audacious poachers in a game reserve!

Members of a minority muslim sect had mounted a blockade on the high way. They did so to avert the complication of managing the massive procession and normal vehicular traffic. They compelled other road users to make a detour.

The convoy of the Chief of Army Staff, Lt. General Tukur Yusuf Burutai, heading to a yonder address, bumped into the road block. There were pleas for right of way. The vanguard of the faithful, intoxicated by their own zeal and by the excitement of the carnival spirit, demurred. The soldiers warmed into a killing mood, engaged their guns and procured a bloody breakthrough.

But the soldiers were not content with the roadside shootings. They didn’t count the number of the dead sufficient vengeance for the ‘insult’ on their General. They deployed to the shrine of the sect and multiplied the death toll. They shot innocents who could never have been involved in the blockade. They wasted women, children, the suckling.

They invaded the home of the leader of the sect, Ibrahim El-Zakzaky. They killed three of his sons and shot his wife 7 times. They shot El-Zakzaky four times on his legs, dragged him out of his house, stripped him of his clothes, and transported him on a wheel barrow.

Moments later, the soldiers realized they had killed too many human beings for the world not to notice. They started a desperate mop up of the corpses to erase the trace of crime against humanity. They broke into hospitals and morgues in the environs and evacuated the dying and the dead. They drove the bloodied bodies to a remote location, dug mass graves and did a cover up.

The killings on the road and the extra killing at the shrine and the mass burial were not secrets. Who did what is widely known. There are no known unknowns, no unknown unknowns. There was a massacre and there are identifiable culprits still circulating freely.

But officialdom flinched from calling the massacre by the proper name. They elected to style it Shiite-military ‘clash’. The slaughterfest was euphemistically minimized because the consumed were ‘Shiites’. They didn’t belong to the Sunni mainstream. They were subhumans whose massive dispatch didn’t qualify to be honoured as a massacre!

There was abundance of evidence to prompt swift prosecution. But El-Rufai chose to buy time through the rigmarole of a ‘commission of inquiry’. He took the option on the calculation that the process of receiving thousands of memorandums and reading them, collecting exhibits and examining them, hearing eyewitness testimonies and determining the common fragments of resemblance among the honest-to-God narratives would take plenty of time. He was certain that early into the insufferably slow proceedings, a society with a very short attention span would mentally and emotionally abandon the boring academic reconstruction of the painful memory.

El-Rufai’s initial response to the massacre was nearly as horrifying as the massacre itself. Hardly had the blood of the murdered congealed before he sided with the mass murderers and rationalized the killing. He went on TV and revictimized the victims, pronouncing them guilty of a failed attempt to assassinate Burutai.

El-Rufai would later double down and authorize the prosecution of 50 ‘Shiites’ and instruct the state prosecutor to pray the court to hand down a guilty verdict and death penalty!

His establishment of the ‘commission of inquiry’ is a brazen act of hypocrisy. He had demonstrated all too clearly that he was pleased by the massacre and that he would have been happier if a total purge of the Shiites was achieved. He regards Shiites as non-humans. People whose lives were dispensable because they practice the ‘wrong’ version of Islam.

It is worthy to note, though, that while his ‘commission of inquiry’ was trying to strike pay dirt, Amnesty International, the leading human rights NGO in the world, published a rich description of the massacre. AI asserted that the Nigerian Army unprofessionally resorted to launching a full scale ‘military operation’ in a situation that would have been saved with prudence and law-and-order management.

AI noted that the Nigerian Army embarked on a campaign of arson, immolated people and shoved the victims into mass graves.

It also dismissed as nonsense the putative rationale for the massacre. It said the Nigerian Army failed to substantiate the claim that there was an attempt on or threat to the life of the Chief of Army Staff. It further emphasized that the Nigerian Army took deliberate steps to destroy evidence of their crime: “Bodies were taken away, sites were razed to the ground, the rubble removed, bloodstains washed off, and bullets and spent cartridges removed from the streets.”

While receiving the report of his ‘commission of inquiry’, El-Rufai said that the Kaduna State government would study it before reaching a decision to publish or not.

Columnist Jibrin Ibrahim, a prominent member of the commission, suggested that the report was marked TOP SECRET for the sake of peace; implying that members of the public –the decimated Nigerian Shiite community and the bereaved families inclusive –ought to be protected from the post mortem at all cost.

The classification was thought to be necessary. The report ostensibly contains the identity of the perpetrators of the massacre, the scope of their terrorist destruction and the complicity of some government institutions. Its release to the public would inevitably generate very strong reactions: It’s better hidden like light under a bushel.

A Premium Times leak says the report blamed the Nigerian police for being remiss in their duty and indicted the General Officer Commanding the Nigerian Army 1st Division in Kaduna, Major General Adeniyi Oyebade, and Colonel A.K. Ibraheem, who led the ‘operation’.

No word was invested on Burutai. No word on the General who smugly watched as soldiers in his convoy gunned down civilians so he can walk on a red carpet of fresh blood to an inconsequential passing out parade no one remembers now!

To be sure, the Islamic Movement of Nigeria did not participate fully in the proceedings of the commission. The organization didn’t have the instruction of El-Zakzaky to present its version of the massacre to the commission. The Department of State Security denied the organization’s lawyers meaningful engagement with him. The DSS says the man, now blind in one eye and paralyzed, was being held in ‘’protective custody’’ for his own good.

Nevertheless, the report, for what it is worth, should be made public. The ‘commission of inquiry’ was inaugurated to interrogate the massacre and to reflect all the dimensions of its actuality. No aspect of the truth of that massacre should be revised or abridged or withheld in the name of ‘security reasons’. Nobody who is culpable should enjoy disguised immunity.

Instead of subjecting the report to editorial sanitation, there should be full disclosure. The report should be released in its pristine form. Kaduna people and all Nigerians should know why Nigerian soldiers who are paid and equipped by Nigerian taxpayers wasted 347 Nigerian civilians …like a trigger-happy death cult!

Nigerian Shiites are held in contempt by their Sunni brethren. Even President Muhammadu Buhari, the leader who made that I Belong To Everybody and I Belong To Nobody speech, could not restrain himself from betraying his disdain for the Shiites. Against all sense, he said on national TV that the Shiites deserved the massacre. They irritated uniformed men invested with the power of life and death. They were ”virtually hitting the chest of Generals”.

Virtually!

The ‘Shiite’ label seems to bespeak a grade of inferiority. It need not be. Religious persuasion does not diminish the personhood of a human being.

Those people who were shot dead and burnt alive were human beings. They had a right to life. Their group murder should be legally punished as such.

El-Rufai prosecuted 50 Shiites for allegedly killing a soldier in ‘the clash’. He should be fair enough to prosecute the soldiers who wasted 347 Shiites. A soldier’s life is not more equal than a ‘Shiite’ life.

No sane society excuses or abides the devaluation of the lives of its citizens. Nigeria should not be a prehistoric cannibal jungle that does.

Extrajudicial killings impoverish the community in human beings and in human feeling. No case of extrajudicial killing should be ignored or explained away. Every extrajudicial killing should be redressed. A nation that permits the gratuitous killing of its own people has made a self-fulfilling prophecy of its own extinction.

El-Rufai must rise above his Sunni chauvinism. He should publish the report of the Zaria massacre and cause his Attorney General and Commissioner for Justice to prosecute the indictees. Anything less would be killing the massacre!
immaugwu@gmail.com

@EmmaUgwuTheMa

 

 “my father is currently being wearied down into a blind man” -Sheikh Zakzaky’s son protests denial of father access to treatment by Government.

Muhammad Zakzaky and mum
Muhammad Ibraheem Zakzaky and Mom, Malama Zeenat Ibrahim

By Abdulmumin Giwa

In a statement made available to pressmen on Friday the son of the leader of the Islamic Movement in Nigeria, Muhammad Ibraheem has protested the negligence of the Nigerian government towards his father’s deteriorating sight condition after being shot in the eye by the Nigeria Army during the December 2015 Zaria pogrom.

He complained that his father, Sheikh Ibraheem Zakzaky is being denied the treatment he deserves to save the remaining eye that is slowly becoming blind.

“As his sight continues to fail day by day the DSS continues to refuse, under the guise of bureaucratic excuses, our request that a known qualified doctor be allowed to attend to him” he stated.

He described the DSS, as being most careless about his father’s health situation by denying him access to other experts’ opinions on the one eye that was single-handedly declared non-functional by the doctor they appointed to treat him.

Muhammad condemned the hypocrisy of the DSS saying “In the eight months since the ‘Nigerian Army’ killed and secretly buried over a thousand people including my three brothers, my aunt and a lot of the people I hold most dear, while also shooting my mother 7 times and depriving my father of an eye as well as crippling his arm and leg, the DSS which claims to be “protecting him” has also denied him access to his doctors, legal counsel, and has only allowed us to visit only when it suited them. In the past eight months I’ve driven to Abuja, several times only to be turned back.”

He described as embarrassing and act of cowardice by the DSS to claim that they spent N5m treating his father when it is his father that fuels even the generator in the place he is being incarcerated.

“Then there is the fact that even though my father is currently incarcerated, it is he who pays for his expenses down to the fuel for the generator in the place where he is being held, not to mention the extortionist behavior of some of the agents in charge of handling my parents” he said.

He added’ “Then there is his health, specifically the health of his last remaining eye, which is already half blind. The attending single doctor whose name and qualification I do not know, nor has the DSS informed me, has already arbitrarily and single handedly proscribed one of his eyes as lost for good, without recourse to a second opinion.”

“If the DSS that is a Government organization of fundamental importance, is proudly insulting me by claiming to be spending five million Naira for my father, Ibraheem Zakzaky has a son who is alive and willing to spend multiples of that amount (and I can afford it), for his Father. But I cannot, because the opportunity to do such things for my father is blocked by the ‘Dutifully Protective Custodians.’ DPC. (Death Prospecting Cooperation).”

He challenged the DSS on their claims of placing his father under protective custody saying, ”If they really are just protecting my father as their lawyer has claimed, then I would want to ask them the following unanswered questions; firstly: What form of a threat is the visit of Family Members? What form of a threat is the visit of doctors? What threat does my father’s access to his lawyers constitute? Considering the impending and dangerous situation threatening to turn him blind, why are no doctors allowed? Why do they assault us with SLRs when all we want is to be able to attend to our flesh and blood? And why should I continue to play the silently grateful son of the guest who is actually more like a hostage? As my fingers shiver lest harm come to my parents for speaking the truth I would finally ask you what I have been asking myself, Can I entrust the truth to my tongue?”

Still on the claim that his father is being kept in protective custody, Muhammad said, “Ever since the statement was made I have made several attempts to type a response each time I begin to type my fingers shake from excess of wrath, anger, despair and the all too fresh realization of the truly unbelievable depths of insincerity, hypocrisy and cruelty. I always think and question the humanity of the cabal that masterminded the Zaria Massacre. How can it be rationally explained that we share the same taxonomy as this brutal breed of beasts wearing the uniform of the Nigerian army who executed this inhuman massacre?”

Explaining his current state and situation even as he remained focused on his father’s principles he said, “It is true that I am weak and powerless in the face of such unfathomable levels of evil madness, reckless hatred, extreme prejudice and limitless inhumanity. The only thing I can do now is to complain, to protest, and protest by any means available. As I gradually lose all my senses due to worry, I find myself increasingly losing all hope of recourse to reason and feel ever increasingly compelled towards necessity. If violence and irrationalism is a strength, I don’t have it, I still regret killing that rat. I am incapable of breaking my own innocence. I cannot kill without remorse. I was born of a father who could never ever condone the path of wrath, even at the cost of his sight.”

Finally Muhammad called on people of conscience to join in saving his father from total blindness, “I want to call all those who believe in the inalienable right of all human beings to fairness, justice and dignity, to help by joining me in a redoubled effort. We must protest this seemingly never ending series of outrages, we must make our voices heard. We must act before it is too late, we must demonstrate wherever we are able. I for one will walk alone on my two feet from my father’s house in Zaria to Abuja if I have to, I will sit in front of any office for as long as it takes, I will stop eating and drinking for as long as it takes.”

“As God is my witness I swear that having survived the unthinkable, my father is currently being wearied down into a blind man, he is being slowly crippled, destroyed. Compliments of the DSS and co. enough is enough. Post the dammed pictures make all the lies but do not insult us, let us send doctors, let us save my father’s eye” he said.

Zaria Massacre: GOC Turned into Sacrificial Goat

12494919_438583603006309_6306035017010023668_nAbdulmumin Giwa

I am not in the least surprised by the report of the Judicial Commission of Inquiry, JCI established by the Kaduna state Governor Nasir El-Rufai to investigate what the Governor and others mischievously described as “Army-Shi’ite clash” in Zaria even as the unarmed members of the Islamic Movement in Nigeria, IMN were brutally massacre by the Nigeria Army.

I remember asking the question in one of my write-ups ‘who clashed with who?’ This is because there was no such thing as a clash but a merciless misuse of power by the Nigerian Army that went on a killing spree butchering young men, women and children in the most inhuman and extra-judicial manner imaginable.

The soldiers were there to kill everyone present including the leader of the Movement Sheikh Ibraheem Zakzaky who miraculously survived their hypocrisy such that they were even chanting anti-Shi’ite slogans proving that it was simply genocide and not a clash. For that purpose they spent all the hours between 12th to 14th of December 2015 killing and clearing the scenes at IMN’s Hussainiyya at Sokoto Road inn Zaria, Residence of the IMN leader at Gyallesu in Zaria as well as the Cemetery and Film Village of the IMN along Jos road in Zaria.

Alas, thanks to the focused and persistent but non-violent campaign by the IMN against the massacre that has been internationalized to the extent that the hypocrisy of the Nigerian government to wipe out the “Shi’ites” in order to please Saudi Arabia and Israel was exposed.

The leaked JCI report of the JCI has already indicted the Army as did other reputable international human rights bodies across the globe and is calling for the prosecution of the General Officer Commanding the 1 Division of the Army in Kaduna Major General Adeniyi Oyebade.

It is worth asking that if the JCI could reach such a decision without cross-examining the IMN members and its leader and without receiving any memo from them, what would have been the outcome if the IMN was at the commission?

Definitely the answer is not far-fetched, more Army brutalities would have been exposed, more acts of inhumanity, more human rights violations and crimes against humanity would have also been exposed.

The report would have gone beyond to even expose the roles of some sacred cows like the President Muhammadu Buhari, the Chief of Army Staff, Lt. Gen. Tukur Buratai and Governor of Kaduna state, Nasir El-Rufai in the December 2015 Zaria massacre.

What the report has done now is simply reduced the pressure on the civilian killer regime by indicting the GOC and using him as the sacrificial goat in order to save the necks of the true perpetrators and master-minds of the crimes.

Definitely no right thinking person would believe that the GOC acted on his own volition because he has a COAS and C-in-C above him. It is not just a simple cordon and search operation but a well pre-planned and executed operation with foreign interest in it. Whosoever might have been the GOC at that time would have acted in the same manner because of the special interests from above and would have suffered the same fate.

The pressure on the Nigerian civilian killer regime made it to have no choice than to intimidate the IMN and ensure that it does not come before the JCI. By this, through impunity the government abducted and illegally detained the leader of the Movement Sheikh Ibraheem Zakzaky and his wife and also arrested and imprisoned over 200 members of the Movement to stop them from testifying before the JCI lest they decide to.

If they were truly investigating the said clash why didn’t the JCI cross-examine the direct victims of the massacre that are up till this time in the custody of the government? Why didn’t they present the revered Sheikh before the Commission? Why didn’t they bring those in detention to testify before the JCI? Why were they only interested in third-party submissions from the side of the IMN and not the direct victims? They were probably not interested in more revelations, simple.

Right from day one, the Kaduna state Governor didn’t want the IMN to attend the JCI in order to over-look a lot of other crimes they have jointly committed along with the Army. He started by indicting the Movement in his speech and labeling unsubstantiated and false accusations against it and even declaring that the leader of the Movement would be prosecuted. He did all these as he was swearing-in the JCI commissioners to show how the side to which he belonged.

Secondly, he swore-in arch-enemies of the Movement including those that have not only called for the mass killing of IMN members but have even written books calling for their massacre as commissioners in the JCI.

He went further to bring before the JCI sponsored elements to testify and blackmail the IMN in such a way that all those that went before the commission, except for a few that spoke in favor of the IMN, were all monotonous and in support of the malicious indictments labeled against the IMN by the Governor.

The interest of the IMN was totally shelved aside in setting up the JCI in such a way that it was not represented in the commission and no independent human rights body was also involved in order to tame any possibility of exposing the real perpetrators of the crime.

Unexpectedly to the government, the case of the IMN was taken before the International Criminal Court ICC, by the Islamic Human Rights Commission of London. The Amnesty International also indicted the Army and the Kaduna state government by exposing satellite photos of one of the sites where the murdered IMN members were mass buried to hide the heinous crime. This is also not forgetting the report of the Human Rights Watch that was the first to expose the government’s inhumanity.

This forced the Kaduna state government to confess burying 347 IMN members in a mass grave even as the Nigerian Army is denying killing anybody except the seven confessed by the COAS. There was no way to hide it again and so they were forced to shop for reasons for the burial that was in total violation of the Geneva Convention.

The JCI also testified that the Army refused to say how many they have killed and so the number of those killed is now officially accepted as 347 and one fabricated soldier whose death was not independently determined.

Even the fabricated killed soldier was initially not mentioned at all by the COAS or the Army during its first press conference after the massacre until they sensed the danger involved in their going about saying that they clashed with the Shi’ites and yet they suffered no single casualty even as they killed over 1000 of them. So, they immediately fabricated the killing of one soldier without any independent postmortem or examination.

This fabrication of the killing of a soldier was also in favor of the Kaduna state government which it capitalized on to continue imprisoning IMN members and using it as part of the fabricated charges against them in court to clear itself of accusations from the public.

The IMN on its part has declared names and profiles of not less than 950 of its members missing since the pogrom out of the over 1000 that might have been killed by the zombies so far and is still compiling.

The JCI report has been technically produced to reduce tension and pressure on the government and its act of state terrorism and the best way to sweep everything under the carpet is to sacrifice the GOC and absolve the COAS and the C-in-C.

It is now clear to the world that the Nigerian regime used its Army to massacre innocent unarmed civilians because they practice a minority faith different from that of those in authority using tyranny and impunity. This must not all end on the GOC alone the real master-minds must be exposed and punished as well.

Those members of IMN whose rights and humanity have been violated must be compensated accordingly as they are entitled to. Those mass buried must be exhumed and given befitting burials as their relations deserve the right to know if they are dead and buried and not to live with the assumption or supposition that they were massacred by Nigerian Army in Zaria in 2015.

The Kaduna state government must also face the consequences of burying people without certifying whether they are dead or alive as many might have been buried in mass graves alive simply because they were rendered helpless with bullet wounds and the government is busy trying to hide its act of state terrorism. All these crimes and many more must be exposed and all perpetrators punished as well.

In as much as they have decided to sacrifice the GOC to absolve their selves, even though he declared responsibility for the killings before the JCI during his cross examination, real fairness and justice must not only be done but must be seen to have been done.

We await to see the magic that will come with the official making of the report public and the subsequent implementation of the recommendations made by the JCI for indeed Nigerian governments of various times have yet to reach the level of civilization of implementing reports. This fact is known to every Nigerian.

As a result the IMN will continue in its quest for justice through peaceful means in the courts of law within Nigeria and in The Hague until justice and fairness would be seen to have been done as no one could be deceived by turning the GOC into a sacrificial goat.

 

 

 

STATEMENT BY THE LEGAL TEAM OF THE ISLAMIC MOVEMENT IN NIGERIA (IMN) ON THE SUBMISSION OF THE REPORT OF THE JUDICIAL COMMISSION OF INQUIRY SET UP BY THE KADUNA STATE GOVERNMENT

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The Judicial Commission of Inquiry inaugurated by the Kaduna State Government on the 29th day of January 2016 on the “clash” between members of the Islamic Movement in Nigeria and the Nigerian Army submitted its report to the Kaduna State Government on the 15th day of July 2016. In his remarks at the submission of the report, the Chairman of the Commission Hon. Justice Mohammed Lawal Garba Stated that:
“They (IMN) had appeared, they were
represented by counsels at the initial stage of the proceedings, but for no reason known to the commission, the counsels decided to opt out.
“I said for no reason known to the commission because there was no formal communication to the commission on why they decided not to continue their appearance before the commission.

“However, there were newspapers and online publications that they did not want to appear. Because of that we had to apply for extension of time and at the end of the day we have been able to produce a report of the commission’s assignment,”
I have the instructions and mandate of Femi Falana, SAN to respond to the remarks made by the Chairman of the Commission while submitting his report to the Kaduna State Government.
The Legal Team of the IMN believes that it is disingenuous for the Chairman of the Commission to claim that he is not aware of the reasons for the withdrawal of the Legal Team of the IMN (comprising of Femi Falana, SAN, Festus Okoye Esq and Maxwell Kyon Esq) from further participation in the proceedings of the Commission and the reasons are:
1. On the 8th and 9th of February 2016 the Legal Team of the Islamic Movement in Nigeria met with the Inspector General of Police and the Director General of the Department of State Services (DSS) to get the express permission and authorization of the leader of the Islamic Movement in Nigeria (IMN) Sheik Ibrahim Zak Zaky for purposes of their appearance and participation before the Judicial Commission of Inquiry and same was denied.

2. On the 11th day of February 2016, the Legal Team of the Islamic Movement in Nigeria (IMN) wrote to the Secretary of the Judicial Commission of Inquiry intimating him of its inability to submit memorandum/da as the Legal Team was denied access to the Leader of the Movement Sheik Ibrahim Zak Zaky.

3. On the same 24th day of February 2016, a member of the Legal Team, Maxwell Kyon Esq. appeared before the Judicial Commission and clearly stated that the Legal Team appeared out of respect to the Commission considering the fact that it has been denied access and opportunity to meet with and conference with the leader of the Islamic Movement in Nigeria and cannot in the circumstances provide meaningful representation and or put up any meaningful appearance before the Judicial Commission.

4. On Monday the 29th day of February 2016, Maxwell Kyon Esq. appeared before the Judicial Commission and informed the Commission that nobody has seen the leader of the Islamic Movement in Nigeria and that the facilitation the Commission promised has not yielded any positive result.

5. On the 9th day of March 2016 Festus Okoye Esq. and Maxwell Kyon Esq. appeared before the Commission and gave a detailed exposition of the efforts that the Legal Team made and continued to make up to the said 9th of March 2016 to be granted access to the leader of the Islamic Movement. It was on the basis of this that the Commission directed that Counsel to the Commission to liaise with the Attorney General of the Federation and the Attorney General of Kaduna State to facilitate access to the leader of the Movement.

6. On the 7th day of March, 2016 the Commission wrote to the Attorney General of the Federation and the Attorney General of Kaduna State and served copies of the said letters on the Legal Team of the IMN on the 8th day of March 2016 and urged collaboration and facilitation of access of the Legal Team representing the IMN and Counsel to the Commission to see the detained leader of the IMN between now and Friday 11th March, 2016 and to report back at the next sitting of the Commission scheduled for Monday, 14th March, 2016.

7. On the 14th day of March 2016 the Counsel to the Commission reported to the Commission that they had written to the Attorney General of the Federation and the Attorney General of Kaduna State but they had difficulties in getting the Attorney General to act on the said letter and the Commission adjourned to the 21st day of March 2016.

8. On the same 14th day of March 2016, in a clear attempt to blackmail the Legal Team of the Islamic Movement in Nigeria, the Commission directed its Secretary Dr Bala Babaji to issue a Press Statement stating that “The Commission notes that IMN has been represented by Counsel and is satisfied that the said Counsel has been properly briefed by the IMN to appear before us. The Commission has strived hard to afford all parties to be fairly represented and treated with justice and fairness in all its deliberations. The Commission intends to proceed with its deliberations on Monday, March 21, 2016 by taking the Memorandum submitted by the Army. The Commission will furthermore issue to the public its schedule of appearances and presentations in due course. Counsel to the IMN are to submit their memorandum no later than March 21, 2016”.
Our Reaction to the Submission of Report by the Commission
a. The Judicial Commission of inquiry showed its limitations and complete lack of power in compelling the Department of State Services (DSS) to allow the Legal Team access to the Leader of the Islamic Movement in Nigeria and compelling the Service to release him conditionally or unconditionally to testify before the Commission.

b. The Judicial Commission was aware that the Kaduna State Government had made up its mind on the immediate and remote causes of what it calls the “unfortunate incident of 12th and 13th of December 2015” by framing charges of culpable homicide, rioting, unlawful assembly, possession of charms and unlawful restraint against 251 members of the Islamic Movement in Nigeria.

c. The Commission never extended invitation to the over 251 members of the Islamic Movement in Nigeria that are detained in the Kaduna Prison awaiting trial to testify before the Commission. These are the direct victims of the incident and over 50 of them are still carrying bullets and bullet wounds in their body and a number of them have died in detention as a result of injuries sustained by them during the clash.

d. In the light of the above, the Legal Team could not in good conscience continue participation in a judicial process with a pre determined outcome.

e. The Legal Team of the Islamic Movement was fully aware that the Commission was engaged in subterfuge and blackmail when its Counsel Mallam Yusuf Ali, SAN informed the Commission that he was yet to facilitate access to the leader of the Islamic Movement only for the Commission to claim on the same day that “The Commission notes that IMN has been represented by Counsel and is satisfied that the said Counsel has been properly briefed by the IMN”

f. The Counsel to the Commission Mallam Yusuf Ali, SAN did inform the Commission that he met with the leader of the Islamic Movement in Nigeria in detention and he informed him of his willingness to testify before the Commission yet the Commission was powerless in getting the Department of State Services to allow the leader of the Islamic Movement to testify before it.

g. The Legal Team of the Islamic Movement (IMN) did not have the locus to give evidence on behalf of a client who the Commission was powerless to facilitate access to or compel his release and attendance.

h. The Legal Team insists that it would have been an exercise in futility to continue participation and appearance before the Judicial Commission of Inquiry that deliberately refused to exercise the powers conferred on it by law to compel the release and appearance of one of the parties when the said party was being held by one of the parties to the dispute.

i. The Legal Team of the Islamic Movement (IMN) on the instructions of the Leader of the Islamic Movement has since activated other constitutional and legal avenues of redress and will continue to use the instrumentality of the law to see that justice is done and that due process and the rule of law continues to be the guiding principle of our democracy.

Festus Okoye Esq.
(On behalf of the Legal Team)
Kaduna, July 18, 2016

The letter written by Femi Falana SAN demanding the arrest and prosecution of Soldiers who took part in the December 2015 Zaria massacre.

The Attorney-General
& Commissioner for Justice,
Ministry of Justice, Kaduna,
Kaduna State.

Dear Honourable Attorney-General,

DEMAND FOR THE IMMEDIATE PROSECUTION OF THE MILITARY OFFICERS AND ARMED SOLDIERS WHO ENGAGED IN THE BRUTAL MASSACRE OF 347 CITIZENS IN ZARIA, KADUNA STATE FROM DECEMBER 12-14, 2015

We are solicitors to the Islamic Movement in Nigeria headed by Sheik Ibraheem Zakzaky  who has been detained without trial for about 8 months  by the State Security Service in Abuja.

In your interview published in Thisday Newspaper of May 17, 2016 you spoke on the violent attack unleashed on the members of the Islamic Movement in Nigeria by the Nigerian Army last December. In particular, you said that “… our response was swift which was shown by the numerous arrests made.”

Having limited the “numerous arrests” to the surviving victims of the violent attack who have since been charged with conspiracy and culpable homicide we hereby request you to use your good offices to ensure that the criminal elements who killed 347 unarmed civilians including women and children and buried their dead bodies are arrested and arraigned in court without any further delay. To facilitate the prosecution we wish to furnish you with the following facts:

(1)      In exercise of their fundamental rights of freedom of assembly and expression the members of the Islamic Movement in Nigeria (IMN) staged a peaceful rally in Zaria, Kaduna state on July 25, 2014 in solidarity with the Palestinian people. In spite of the peaceful nature of the solidarity rally a band of armed soldiers opened fire on the protesters. Out of the 34 people who were killed in the unprovoked attack 3 were sons of Sheik Zakzaky.

(2)      The Federal Government was embarrassed by the unlawful killing of the 34 members of the IMN by the army. In the circumstances, the National Human Rights Commission expressed condolence and tendered a public apology to the bereaved families on behalf of the federal government. But despite the official apology, the Kaduna state government did not prosecute the suspects who perpetrated the unlawful killing. At the material time, Mr. Nasir El Rufai publicly condemned the brutal killing and paid a condolence visit to the IMN leader in his residence.

(3)      On December 12, 2015, platoons of the Nigerian army unleashed mayhem on the members of the IMN on the ground that they had plotted to assassinate the Chief of Army Staff, General Tukur Buratai Staff. The spurious allegation was not reported to the Police. Equally not brought to the attention of the Police was the allegation that the IMN had blocked a road in Zaria which affected the convoy of the Chief of Army Staff.

(4)      Instead of reporting the alleged infractions of the law to the Police, the Chief of Army Staff decided to take the law into his hands by commanding armed troops to open fire on the unarmed civilians in utter violation of sections 33 and  217 of the Constitution, Rules of Engagement for the Nigerian Military and the Geneva Convention.

(5)      The violent attack continued for two days. Though, the leader of the IMN was not present at the praying ground, the army invaded his house on December 14, 2014. He and members of his family including his wife and children were shot at close range. During the unprovoked attack, 3 of his children were killed in his presence while grenades were hauled at his house which was subsequently set ablaze by the rampaging soldiers.

(6)      On December 15, 2015, 347 people who were killed in the attack were secretly buried in a mass grave in Mando, Kaduna state by the army with the connivance of the  Kaduna state government. Before the mass burial, the Kaduna state government did not deem it fit to conduct any autopsy or DNA tests on the bodies.

(7)      On the 23rd of December, 2015 officials of the Kaduna State Urban Protection Development Authority (KASUPDA) under the supervision of military authorities demolished the following properties of the IMN: graves of deceased members of the sect at Darur Rahma cemetery, situate 10 miles outside of Zaria; the movement’s newly acquired property adjacent to the Husainiya, a former NTC building; the Fudiyya Islamic Centre; and the family house of Zakzaky at Jushi quarters of Tudunwada ward where his mother was interned.

(8)      On January 29, 2016, Governor El Rufai proceeded to set up a judicial commission of inquiry to investigate the crisis and make recommendations to the government. The members of the commission were drawn from the army, the police, the State Security Service and some individuals including those who had, through public statements and writings, called for the proscription of the IMN.

(9)      Although, section 36 (1) of the Constitution stipulates that a court or tribunal shall be constituted in a manner that its independence and impartiality shall be guaranteed, the Kaduna state government ignored the demand of the human rights community that the commission be reconstituted by removing the members who have always nursed animosity towards the IMN.

(10)    Notwithstanding the fact that the commission had invited Sheik Zakzaky to testify on behalf of the IMN, he was prevented from doing so by the State Security Service which has held him in custody since December 14, 2015. Thus, the Commission was only permitted to take evidence from the aggressors and others who have axe to grind with the IMN.

(11)     Upon realizing that its findings and recommendations might not enjoy credibility having not been allowed to observe the elementary rule of audi alteram partem, the commission made frantic efforts to persuade the legal team of the IMN to participate in the proceedings. We were unable to accede to the request of the commission since it was unable to direct the authorities to release our clients from custody to tell their own side of the story.

(12)     Out of sheer contempt for the judicial commission, the Kaduna state Government has filed charges of conspiracy and culpable homicide against over 250 members of the IMN at the Kaduna state high court.  The suspects who are alleged to have caused the death of one Corporal Yakubu Dankaduna during the military invasion are languishing in prison custody while awaiting the legal advice of the Kaduna state Director of Public Prosecution.

(13)     Although the Secretary to the Kaduna State Government, Alhaji Lawal Balarabe Abbas has since confirmed the gruesome massacre of the 347 people by the army, you have refused to prosecute the criminal elements who perpetrated the crime and proceeded to bury their dead bodies in a mass grave in a country which loudly proclaims to operate under the rule of law.

In the light of the foregoing we have the instructions of our clients to request you to prosecute the members of the Nigerian Army who took the law into their hands by unleashing mayhem on unarmed civilians in Zaria, Kaduna state from December 12-14, 2015. Specifically, you are requested to charge the suspects with conspiracy, willful damage to property, arson and culpable homicide  not later than July 31, 2016.

TAKE NOTICE  if you fail to accede to our clients’ demand we shall not hesitate to apply to the High Court of Kaduna State for an order of mandamus to compel you to discharge your constitutional duty by charging the indicted culprits to court in line with your oath of office to “do right to all manners of people according to law, without fear or favour, affection or ill-will…”

Yours Sincerely,

Femi Falana Esq, SAN, FCI Arb.

KDSG vs Mahdi Munkaila and 90 others: Case could not hold today

13139233_1026853240734982_1283019737671557857_nBy Abdulmumin Giwa

Following an earlier adjournment in the case between the Kaduna State Government and Mahdi Munkaila along with 90 other members of the Islamic Movement in Nigeria IMN, fixed to hold today, the sitting could not take place.

The State High Court judge, Justice Hajara Gwada is attending the Judges Conference while the court is still not conducive due to renovation works taking place in the court rooms.

More so, the other available court room is being used for the 2015 General Elections Tribunal and sitting could not take place in the court.

Following this development, lawyers representing the IMN members have started processing for a change of court in order not to hinder or delay the case as the other sister cases have reached stages of hearing already.

Members of the IMN were not brought to court from the Kaduna Central Prison today.

It would be recalled that 191 members of the movement have been kept in jail and are being charged to court by the Kaduna State Government since the attack on the movement in Zaria last December.

The IMN members are being charged for culpable homicide and possession of firearms among other charges. The defendants have been grouped into four different groups and are facing charges in the Kaduna State High Court.

Sheikh Zakzaky vs SSS, Police, Attorney General: Hearing further adjourned

By Abdulmumin Giwa
The case between Sheikh Ibraheem Zakzaky and the State Security Service SSS, Nigerian Police and the Attorney General of Federation slated for hearing today at the Federal High Court in Abuja has further been shifted to 20th of Septembers 2016 by the court.
Addressing the court, the Court 6 judge, Justice Kolwale said the that he fixed today for hearing in the case based on an earlier assumption that the end of legal year vacation will commence on the 15th of July but was later changeFemi Fal;ana 3d to 11th of July.
Counsel to Sheikh Zakzaky headed by Femi Falana SAN asked for a date to be fixed for hearing within the vacation period to which the Judge declined saying he could only fix a date with the consent of both parties in the case and the defense counsel is absent.
Responding to questions from newsmen after the session Falana stated that there is no such thing as out of court settlement and called for the immediate and unconditional release of his client.
He stated that his client was attacked by the Army in his residence, killed three of his sons, shot him and his wife severally, burned down his house and took him away asking what is there to be settled.
A similar procedure was adopted for the case of the wife of the leader of the Islamic Movement in Nigeria IMN, Malama Zeenat Ibrahim versus the same defendants for which the same date was fixed for hearing.