Lawyer
for the Islamic Movement in Nigeria (IMN), headed by the detained Sheik
Ibraheem Zakzaky, has told the Kaduna State government to try soldiers involved
in the attack on members of the Islamic group and its leader. Mr. Zakzaky has
been detained without trial for about eight months by the Department of State
Services in Abuja.
Mr.
Falana's warning was contained in a letter addressed to the Kaduna State
Attorney-General and Commissioner for Justice. In the letter, he referred to
the commissioner's interview published in the May 17th edition of ThisDay
newspaper in which he was quoted as saying: "Our response was swift, which
was shown by the numerous arrests made." This, said the lawyer, was an allusion
to the violence unleashed on members of the sect.
"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," Mr.
Falana demanded.
To
facilitate the prosecution, Mr. Falana said he is willing to provide a number
of facts.
First
among these, he argued, was that the slain sect members had conducted
themselves in a non-violent manner.
"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," Mr. Falana wrote.
Second,
he wrote, the Federal Government was embarrassed by the unlawful killing of the
34 members of the IMN by the army, a development that made the Nigeria Human
Rights Commission to express 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 refused to prosecute
those suspected to have carried out the unlawful killing, according to Mr.
Falana.
"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," wrote Falana
in support of his view.
He
also stated that on December 12th, 2015 soldiers unleashed mayhem on the
members of the IMN alleging that they had plotted to assassinate the Chief of
Army Staff, General Tukur Buratai. Mr. Falana says that that allegation is
spurious and which was not reported to the police.
Rather
than report the alleged infractions to the police, Falana said the Chief of
Army Staff took the law into his hands by commanding armed troops to shoot at
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.
The
said attack, he noted, lasted 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, three of his children were killed in his presence, while
grenades were hurled at his house, which was subsequently set ablaze by the
rampaging soldiers," added Falana.
Relatedly,
Mr. Falana said on December 15, 347 people killed in the attack were secretly
buried in a mass grave in Mando, Kaduna State by the army and abetted by the
Kaduna State government, which did not conduct autopsy or DNA tests on the
corpses before the mass burial.
Then
on December 23, 2015, officials of the Kaduna State Urban Protection
Development Authority (KASUPDA), under the supervision of military authorities,
demolished the graves of deceased members of the sect at Darur Rahma
Cemetery, the sect’s newly acquired property adjacent to the Husainiya, a
former NTC building; the Fudiyya Islamic Centre; and Zakzaky's family house at
Jushi quarters of Tudunwada ward, where his mother was interred.
This
was followed up on January 29, 2016 with the setting up by Governor el-
Rufai, of a judicial commission of inquiry to investigate the crisis and make
recommendations to the government.
Members
of the commission were drawn from the army, police, DSS and civilians,
including those who had, through public statements and writings, called for the
proscription of the IMN.
Mr.
Falana proceeded to argue that the Kaduna State government ignored the protests
of the human rights community that the commission be reconstituted by removing
members who be biased against the IMN.
"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," he wrote.
Despite
inviting Mr. Zakzaky to testify on behalf of the IMN, Mr. Falana contended, he
was prevented from doing so by the DSS which ensured that the commission was
only permitted to take evidence from those who have an axe to grind with the
IMN.
The
situation, posited Falana, yoked the commission with a problem. "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," he wrote.
He
stated that on account of its contempt for the judicial commission, the Kaduna
State government 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," noted Falana.
He
similarly noted that though the Secretary to the Kaduna State Government,
Alhaji Lawal Balarabe Abbas, confirmed the massacre of the 347 people by the
Army, the perpetrators have not been prosecuted and have and went ahead
to bury the victims in mass graves.
"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," said Falana.
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