Shiite-Army Clash: El-Zakzaky Responsible for Lawlessness, to Face Prosecution – Panel

• Soldiers involved in killings also to be tried

John Shiklam in Kaduna

The Judicial Commission of Inquiry set up by the Kaduna state government to investigate the December 12-14 clash between Nigerian Army and the leader of the Islamic Movement in Nigeria (IMN) also known as Shiite, has declared that the leader of the Islamic group, Sheikh Ibraheem El-Zakzaky, is responsible for the acts of lawlessness by
his members and should be investigated and prosecuted.

The 13 member panel headed by Justice Mohammed Garba Lawal in its reported recently submitted to Governor Nasir El-Rufai which was made available to journalists in Kaduna on Sunday by the spokesman of the governor, Mr. Samuel Aruwan said Zakzaky and his members are to be held responsible for the bloody clash with Nigerian Army last December
12 -14 in Zaria, which led to the death of 347 people.

The report also accused the Nigerian Army for “disproportionate use of force contrary to its use of engagement”, declaring that members of the Nigerian Army who were involved in the killing of 347 members of the Shiites should be prosecuted.

According to the report; “Members of the IMN owe absolute loyalty to Sheikh Ibraheem El-Zakzaky. He therefore bears responsibility for all the acts of lawlessness committed by the organisation and should therefore be held responsible, fully investigated and prosecuted.

The IMN and the army clashed in the Zaria when the latter blocked a major highway during one of its religious rites, preventing access for 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 high number of causalities 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 Coporal. Dan Kaduna Yakubu during the incident should also be prosecuted.

The report urged the Nigerian Army to “intensify efforts in ensuring compliance with the Rules of Engagement and other legal standards” at all times during operations.

The report challenged the government and law enforcement agencies to sit to its responsibilities and should investigate all persons allegedly breaking the law even when such persons belong to powerful religious groups.

The report noted that “the IMN is notorious for engaging in hate and dangerous speech that provoke other Muslims”, urging that 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 at Sokoto Road and allow the Chief of Army Staff access. 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 bury the 347 dead persons without proper inquest, even though it 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 lack 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 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 pose serious threat to national security, 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, the Nigeria Police, groups such as the Jama‟atu Nasril Islam (JNI), communities such as Gyallesu Community, Sabon-Gari Community and 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 proselytisation 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 Nigerian State has been losing legitimacy due to a decline of security

A lot of evidence was presented against the IMN before the commission that very many infractions of the law have been committed by members of the IMN and most of the cases have not been investigated or prosecuted by the police.

The report urged 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 organizational structure of the IMN, where the leader has the total control over the members, Sheikh Ibraheem El-Zakzaky should be personally held responsible for all the 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 culprits brought to book. Where appropriate, compensations should be paid”.

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