Admits ‘unlawful killing’ of 347 members
To retake land owned by IMN
By AbdulRaheem Aodu
Kaduna
Barely one week after the Kaduna state governor, Malam Nasir el-Rufai described the Islamic Movement in Nigeria (IMN), otherwise known as Shi’ites as Boko Haram waiting to unravel, the state government yesterday proclaimed them as insurgents that should receive similar treatment meted to their likes.
The position of the government was contained in a White Paper on the report of the Judicial Commission of Inquiry into the December 2015 Zaria clashes between personnel of the Nigerian Army and members of the group.
The Commission of Inquiry which examined the immediate and remote causes of the clashes submitted its report in July 2016.
Subsequently, the state government made the report public and proceeded to set up a committee of senior public servants to prepare a draft White Paper.
The White Paper, which was discussed by the Kaduna State Security Council and further reviewed by the State Executive Council before its amendment and approval, noted that members of the Nigerian Army found culpable for murder during the clashes will also be prosecuted like the leader of IMN, Sheikh Ibraheem el-Zakzaky and other members of the group found wanting .
“Regarding the clashes in the Gyallesu area of Zaria where the Nigerian Army mounted a cordon and search operation, the White Paper observed that many civilians were evacuated from Gyallesu, but that IMN members rejected the opportunity to vacate the area.
“That the Nigerian Army abided by its rules of engagement and observed that: the Judicial Commission of Inquiry failed to take into account the years during which the activities of the IMN in Gyallesu had threatened peace and security,” said the document.
It further said, “for all intent and purpose, the IMN is an insurgent group and ought to be treated as such; the sheer numbers of IMN members congregating in Zaria from across the country that night, with many bearing arms, was such that the Nigerian Army was in no position to accurately determine how armed and organised they were and had to be concerned on what their intention for Zaria was.
“With regards to the findings of the Commission on the conduct of the Nigerian Army, the state government noted the recommendation that members of the Nigerian Army that may have been involved in the unlawful killing of 347 citizens should be brought to trial before a court of competent jurisdiction.
“This conduct will be further investigated and any culprits identified will first be subjected to court martial by the federal authorities, followed by civil prosecution by the state government.
“The IMN is an unregistered organisation that cannot be sued. Therefore, all IMN members and its leadership are jointly and severally liable for all violations of the law in the last 30 years, and are therefore responsible for the clashes and its consequences.
“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.
“IMN has become a law unto itself; disregarding the authority of the Nigerian state as vested in the police and other security agencies which many a times, lead to several confrontations such as the one of 12th to 14th December, 2015 between it and the Nigerian Army.
“All incidents of violence and aggression by 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.”
The White paper urged the state government to investigate all clashes involving IMN, casualties and properties destroyed on the past 30 years to enable those found culpable be prosecuted.
“Government is to investigate and repossess all illegally acquired public lands from IMN and utilize same for public interest. Government is to proscribe the existing IMN as an unregistered and unlawful association,” the report added.
The inquiry report further asserted that “IMN has been steadfast and deliberate in refusing to recognise the legitimacy, authority and the Constitution of the Nigerian state. They have operated outside the laws of the State and the Funtua Declaration is their flagship enunciation of the ideology of confrontation with the Nigerian State, its legal system and its security agencies.
“The result has been a long tradition of IMN refusal to respect, observe and comply with the laws of the country.”
The Commission of Inquiry also highlighted the IMN’s allegiance to a foreign power and its pattern of conduct which suggests that the IMN is an insurgent group.
“Government is prosecuting the IMN members alleged to be involved in the killing of Corporal Dan Kaduna Yakubu. Government has also ensured that property destroyed in the clashes have been valued to ascertain reasonable compensation to circumstantial victims. Mechanism should be put in place for the proposed Bill on Religious Preaching to be passed into law as quickly as possible and implemented.
“Government observes that its officials complied with the Burial Law of the State. Section 7 sub-section 1 of the Burial Law Cap 20 Laws of Kaduna State Government 1991 requires the burial of persons who die in this type of circumstances within 24 hours. The interpretation section of Rule 115 Geneva Convention also states that in circumstances of this nature, dead bodies could be buried in a mass grave.
“The debris at the Hussainiyya Baqiyatillah and at the residence of Sheikh Ibraheem El-Zakzaky were removed on the grounds of public health and safety. All the IMN buildings that were demolished were constructed without statutory title and building permit as required by the Land Use Act and Section 26 of the KASUPDA Law No.12 of 2015.
“The right to freedom of worship is a cherished constitutional right. But the constitution did not bestow on anyone or group the right to curtail the rights of others or to apply the right to faith in a way that diminishes or inconveniences others,” the paper added.
