'Shi'ites massacre': Panel asks FG to prosecute ‘killer soldiers’

The commission of inquiry set up by the Kaduna state government over the “Zaria massacre” of December 12-14, 2015 has asked the federal government to prosecute the soldiers responsible for the killings.

As many as 349 persons, including a soldier, were killed when members of the Islamic Movement of Nigeria (IMN), also known as Shia or Shi’ite, clashed with soldiers after blocking the convoy of the chief of army staff, Tukur Buratai, a lt. general, on the Zaria highway.

The commission said the “use of excessive force” by the Nigerian army led to the heavy casualties and recommended that the federal government should take “immediate steps” to identify the soldiers who participated in the killings “with a view to prosecuting them”.

In the report, which was released on Sunday evening by the Kaduna state government while a nine-member panel works on the white paper, also recommended that Sheikh Ibraheem El-Zakzaky, the leader of IMN, should be  held “personally responsible” for the action of his members because he has “total control” over them.

IMN did not appear before the panel as its lawyers said they were not granted access to El-Zakzaky, who was reportedly blinded on on eye by the soldiers and has been in detention since the incident.

The 13-member Judicial Commission of Inquiry into the Zaria Clashes was constituted in January by Nasir el-Rufai, the state governor, and submitted its final report on July 15, 2016.

THE KEY RECOMMENDATIONS OF THE REPORT

FOR KADUNA STATE GOVERNMENT

1. Considering the nature and organizational structure of the IMN, where the leader has the total control over the members, Sheikh lbraheem 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.
2. 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.
3. The state government should investigate and repossess all illegally acquired public lands from IMN and utilise same for public interest.
4. IMN should be made to conform to all constitutional requirements and the provisions of other by-laws in obtaining land, building or acquiring structures. It must conform to all building regulations, however, whenever and wherever it so desires to build or acquire land or property.
5. All the dangerous weapons recovered from the IMN members should be turned over to the Police for further necessary action.
6. The government should deal with the IMN in accordance with the laws and regulations of the land and be made to conduct its activities and affairs within the ambit of the law at all times.
7. Intelligence reports by security agencies regarding threats to security, law and order should be taken seriously and acted upon timeously to nip in the bud such occurrence.
8. Mechanism should be put in place for the proposed bill on religious preaching to be passed into law as quickly as possible and implemented with a view to purging religious groups which embark on provocative teachings and preaching.
9. Compensation should be paid to all those persons who complained before the commission that their properties were either destroyed or damaged as a result of the clash.
10. The government should make effort to reduce the number of idle hands that might otherwise be willing recruits for the Movement by providing employment to the teaming masses of the state.
11. The prospects of constructive engagement with the leadership of the IMN should not be foreclosed.
12. The state government should ensure that investigations against all persons under detention in respect of these clashes between the Nigerian army and the IMN on December 12-14, 2015 are concluded and treated expeditiously.

FOR FEDERAL GOVERNMENT

1. The commission is of the view that the use of excessive force by the Nigerian army, which led to the heavy casualties recorded in the cordon and search operation is an act of commission for which the NA is directly responsible. The Commission therefore recommends that steps should immediately be taken to identify the members of the NA who participated in the killings of 12th-14th December 2015 incident with a view to prosecuting them.
2. The federal government should ensure that investigations against all persons under detention in respect of this clashes between the NA and the IMN on 12th-14th December, 2015 are concluded and treated expeditiously.
3. 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.
4. Considering the nature and organizational structure of the IMN, where the leader has the total control over the members, Sheikh lbraheem 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.
5. The federal government should explore diplomatic means to dissuade other Countries from interfering in the Internal Affairs of Nigeria.
6. The prospects of constructive engagement with the leadership of the IMN should not be foreclosed.
7. The government should deal with the IMN in accordance with the laws and regulations of the land and be made to conduct its activities and affairs within the ambit of the law at all times.
8. Members of the IMN should never be allowed to carry any unlicensed weapon under any guise. Whosoever found so doing should be prosecuted immediately.
9. All the dangerous weapons recovered from the IMN members should be turned over to the Police for further necessary action.
10. Intelligence reports by security agencies regarding all threats to security, law and order should be taken seriously and acted upon timeously to nip in the bud such occurrences.
11. The federal government should have the political will to deal with such threats posed by the IMN and similar groups. Testimonies at the proceedings of the Commission by various stakeholders, pointed to non-implementation of the recommendations of previous reports of other Commissions of Inquiry relating to the IMN and other groups who were found to have posed grave threats to law, order and peaceful co­-existence. Of particular relevance were the Galtimari and the Sheikh Lemu Presidential Commission pertaining to Boko Haram insurgency.
12. The federal government should be proactive in its dealing with threats posed by groups such as the IMN.
13. The federal government agencies should respond positively to requests for information by Commissions of Inquiry such as this Commission to enable it make informed decisions or come to a firm findings on issues based on credible data held by them that is not in the public domain.
14. The federal government should ensure the presence of the Nigeria Police and other Security Agencies in every community and other flash point areas for effective maintenance of law and order.
15. Efforts should be made by the police authorities to revisit the system of Nigeria Mobile Police Force Unit, as it was in the yesteryear, so that involvement of the Military in the management of civil disorder would be minimized.
16. The police authorities should ensure that recruitment into the Force should be done on merit, suitability and good character as the Nigeria Police of today contains all manner of characters.
17. The federal government should ensure professionalizing the Nigeria Police and other Security Agencies through capacity building, procurement of civil disorder management equipment and improved welfare.
18. The security agencies should ensure ‘watch listing’ of IMN members and other persons of security interests, whenever they are going out of or coming back into Nigeria with a view to discovering the sources of their funding, foreign contacts and other relevant arid useful information.
19. The federal government should not ignore the touted boast by the IMN that it has its members all across the security services who feed it with counter intelligence.
20. The security agencies aside having an effective synergy should further strengthen their intelligence gathering mechanism in respect of the activities of the group so as to ensure prompt and timely interventions.
21. The federal government should facilitate the establishment of community policing in its real sense in Nigeria with a view to curbing immediately any breach of law and order in any community.
22. The federal government should ensure that it develops and implement properly intelligence driven operation policies for the country.
23. The federal government should review the adequacy of the existing rules of engagement pertaining to internal security operations and bring them into conformity with constitutional stipulations and in accord with democratic norms and humanitarian best practices.