As controversy trails Kaduna Judicial Commission of Inquiry
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- Category: Inside politics
- Written by Ismail Mudashir, Kaduna
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The hope of getting justice by those affected by the violence that trailed the last Presidential Election in Kaduna state through the Governor Patrick Ibrahim Yakowa’s Judicial Commission of Inquiry seems to be temporarily dashed as its sitting recently ended in a stalemate.
The Kaduna State government sometime last May, set up a Judicial Commission of Inquiry to probe the post election violence in the state. The commission according to the governor, is to work within a term of reference which include “to inquire into or investigate, ascertain and identify the immediate and remote causes of the riot; identify individuals, organizations and other associations that might have contributed to the build-up to the riot by way of publication in the print and electronic media, organizing seminars, workshops, conferences etc; and to assess and determine the extent of loss of lives and property and other forms of damage caused during the riots and disturbances as well as identify the perpetrators of the dastardly acts”.The public hearing of the commission which commenced on the June 28th with the inaugural sitting was going on smoothly until last Monday when hundreds of Matsirga Muslim Community who went there as witnesses walked out of the commission accusing its chairman, Justice Mohammadu Lawal Bello of being biased.
The mild drama started when the commission’s chairman asked the presenter of Matsirga community’s memo, Mallam Sanusi Maikudi whether they accused anybody in their memo or not. Responding, Maikudi, flared up saying, “People killed our people and you are telling me to produce them. We want justice not technicality. Over 1000 people were killed. If you can’t, then why did you accept to chair the commission?”
After few minutes of silence, the chairman of the commission, Justice Bello said that in the interest of justice, the indicted persons must be given fair hearing. “I am at a tight corner because this is not a court. I was just being fair. In the interest of justice, we cannot say these people have done anything until we see witnesses and the accused are given fair hearing.
“We will give summons to them through the DPO or local government chairman but you will serve as a pointer showing them their addresses. There is nothing technical and there is nothing to be angry about,’’ he said
While the chairman was about to adjourn the case, the presenter asked his witnesses numbering over a hundred including men and women to walk out of the hall, saying they are not satisfied with the stand of the commission’s chairman regarding accused persons. There was a rowdy session when the witnesses were leaving the hall as they were shouting “Ba Adalchi” meaning no justice.
At the entrance of the hall, it took the mobile policemen some minutes to disperse the witnesses. They were assisted by Captain Mohammed Joji of the Waff road mosque who was seen counselling the witnesses against causing any confusion.
Speaking to newsmen after they had walked out, Sanusi Maikudi said they decided to leave because, “the chairman is openly biased, he is saying he would not entertain our memo until when the accused persons are on ground and we don’t have the power to do that. Having taken our memo more than three weeks ago, they supposed to have invited these persons if necessary,” he said.
The following day, all Muslim organisations and their lawyers boycotted the commission and the only group that attended was the Jama’atul Izalatil Bidiah Wa Ikamatu Sunnah (JIBWIS), Kaduna state chapter. Even then, the group only went there to withdraw their memo in solidarity with the Matsirga people.
When he was invited to the witness box, the presenter of JBWIS memo, Mallam Abdullahi Yahaya said they were no longer interested in the commission’s activities and applied for the withdrawal of their memorandum.
After making their stand known, a member of the commission, Alhaji Rabiu Bako appealed to him to reconsider his stand as the memo was not submitted by an individual but a group. But the presenter insisted that they have resolved to withdraw their memo.
“We submitted our memo to the commission for peace to reign in the state but what is happening in recent time especially yesterday, is making us to doubt whether the government has the political will for peace to reign,” he said.
Ruling on the application of JIBWIS, chairman of the commission, Justice Mohammadu Lawal Bello granted the application and commended the group for the maturity they displayed in taking the proper legal way of withdrawing their memo instead of walking away.
At the beginning of the day’s sitting, Justice Bello explained the modus operandi of the commission’s sitting, saying they adopted the 2007 High Court civil procedure rules whereby “we will adopt any memo presented to us and its writer will be on the witness box and he will be cross examined. We are a fact finding commission and not a criminal tribunal where we will put accused person on criminal trial.
Meanwhile, the appointment of the lead counsel of Christian Association of Nigeria (CAN), Barrister Jonathan Adamu Kish at the public hearing of the commission as the Commissioner of Justice and Attorney General of the state by Governor Patrick Ibrahim Yakowa did not go down well with many who accused the governor of double-standard further fuelling the estrangement.
Those aggrieved point to the fact that up to the time his name was sent to the State House of Assembly for screening and confirmation; he was the lead counsel of CAN at the commission. On several occasions, he was seen announcing his appearance for his client, CAN. He was appearing along with legal adviser of the association, Barrister Ben Churchill Aniekweana.
Worried by the development, twenty-four Muslim organisations under the aegis of Coalition of Muslim Victims of Ethno-religious Cleansing in Southern Kaduna petitioned the governor expressing their reservation over the appointment.
The coalition in a petition to the governor dated 18th July, 2011 said Barrister Kish as the Commissioner of Justice is now saddled with the responsibility of providing professional advice to the government on the report of the commission when it is eventually submitted.
In the petition which was also copied to the Speaker of the State House of Assembly, the Chief Judge of the state and Chairman of the state Judicial Commission of Inquiry, the body said “From this, it is crystal clear that the present Attorney General being CAN counsel before the commission would not and can never prosecute Christians who might probably be indicted. He would certainly suffer from conflict of interest between his erstwhile clients and his present appointment,” the coalition of Muslim groups said.
The coalition which had submitted its memorandum to the Judicial Commission of Inquiry also withdrew same.
The shortcomings of the commission of Inquiry, according to the groups, include “unjustified restriction of the number of witnesses per memo; selective recording of proceedings; gross failure of the commission to issue summons to accused persons and insistence by the commission chairman that the victims of the post- election riot are the ones to produce accused persons.
“In view of the above, we are reasonably convinced that the commission is either incompetent in the discharge of its core mandate, compromised or does not fully grasp the enormity of the issues at stake wherein about 14 Muslim Settlements were destroyed, leaving on its wake about 1000 persons massacred,” they said.
Contacted over the issues, Senior Special Assistant to the Governor on Media and Publicity, Mr. Reuben Buhari said CAN was not the only client the new Attorney General had in his legal career.
“Who told them that he will not be fair to them? Why do we have to judge everybody on the basis of his religion and not merit,” he queried.
Also, former CAN secretary in state, Reverend Joseph Hayab described the 24 Muslim organisations as fake, non-existent and mischief makers. “Barrister Kish might have served as one of the counsel to CAN but for people to make it an issue as to why he should not be an Attorney- General of the state, is not good for us. It is quite unfortunate that people want to use religion to paint his appointment black and Nigerians should disregard them in totality,’’ he said.
Hayab who is now the Special Adviser to the state governor on Christian Matters said the issue of law has nothing to with faith or ethnicity and that the governor has assembled for himself competent hands to assist him in moving the state forward.
Weekly Trust gathered that the commission is expected to wind up its activities next Monday. The question that is lingering in the minds of the people of the state is how the commission would write their report, when all Muslim organisations that submitted memo have withdrawn it.
Articles
As controversy trails Kaduna Judicial Commission of Inquiry
Category: Inside politics Written by Ismail Mudashir, Kaduna Hits: 1598
The hope of getting justice by those affected by the violence that trailed the last Presidential Election in Kaduna state through the Governor Patrick Ibrahim Yakowa’s Judicial Commission of Inquiry seems to be temporarily dashed as its sitting recently ended in a stalemate.
The Kaduna State government sometime last May, set up a Judicial Commission of Inquiry to probe the post election violence in the state. The commission according to the governor, is to work within a term of reference which include “to inquire into or investigate, ascertain and identify the immediate and remote causes of the riot; identify individuals, organizations and other associations that might have contributed to the build-up to the riot by way of publication in the print and electronic media, organizing seminars, workshops, conferences etc; and to assess and determine the extent of loss of lives and property and other forms of damage caused during the riots and disturbances as well as identify the perpetrators of the dastardly acts”.The public hearing of the commission which commenced on the June 28th with the inaugural sitting was going on smoothly until last Monday when hundreds of Matsirga Muslim Community who went there as witnesses walked out of the commission accusing its chairman, Justice Mohammadu Lawal Bello of being biased.
The mild drama started when the commission’s chairman asked the presenter of Matsirga community’s memo, Mallam Sanusi Maikudi whether they accused anybody in their memo or not. Responding, Maikudi, flared up saying, “People killed our people and you are telling me to produce them. We want justice not technicality. Over 1000 people were killed. If you can’t, then why did you accept to chair the commission?”
After few minutes of silence, the chairman of the commission, Justice Bello said that in the interest of justice, the indicted persons must be given fair hearing. “I am at a tight corner because this is not a court. I was just being fair. In the interest of justice, we cannot say these people have done anything until we see witnesses and the accused are given fair hearing.
“We will give summons to them through the DPO or local government chairman but you will serve as a pointer showing them their addresses. There is nothing technical and there is nothing to be angry about,’’ he said
While the chairman was about to adjourn the case, the presenter asked his witnesses numbering over a hundred including men and women to walk out of the hall, saying they are not satisfied with the stand of the commission’s chairman regarding accused persons. There was a rowdy session when the witnesses were leaving the hall as they were shouting “Ba Adalchi” meaning no justice.
At the entrance of the hall, it took the mobile policemen some minutes to disperse the witnesses. They were assisted by Captain Mohammed Joji of the Waff road mosque who was seen counselling the witnesses against causing any confusion.
Speaking to newsmen after they had walked out, Sanusi Maikudi said they decided to leave because, “the chairman is openly biased, he is saying he would not entertain our memo until when the accused persons are on ground and we don’t have the power to do that. Having taken our memo more than three weeks ago, they supposed to have invited these persons if necessary,” he said.
The following day, all Muslim organisations and their lawyers boycotted the commission and the only group that attended was the Jama’atul Izalatil Bidiah Wa Ikamatu Sunnah (JIBWIS), Kaduna state chapter. Even then, the group only went there to withdraw their memo in solidarity with the Matsirga people.
When he was invited to the witness box, the presenter of JBWIS memo, Mallam Abdullahi Yahaya said they were no longer interested in the commission’s activities and applied for the withdrawal of their memorandum.
After making their stand known, a member of the commission, Alhaji Rabiu Bako appealed to him to reconsider his stand as the memo was not submitted by an individual but a group. But the presenter insisted that they have resolved to withdraw their memo.
“We submitted our memo to the commission for peace to reign in the state but what is happening in recent time especially yesterday, is making us to doubt whether the government has the political will for peace to reign,” he said.
Ruling on the application of JIBWIS, chairman of the commission, Justice Mohammadu Lawal Bello granted the application and commended the group for the maturity they displayed in taking the proper legal way of withdrawing their memo instead of walking away.
At the beginning of the day’s sitting, Justice Bello explained the modus operandi of the commission’s sitting, saying they adopted the 2007 High Court civil procedure rules whereby “we will adopt any memo presented to us and its writer will be on the witness box and he will be cross examined. We are a fact finding commission and not a criminal tribunal where we will put accused person on criminal trial.
Meanwhile, the appointment of the lead counsel of Christian Association of Nigeria (CAN), Barrister Jonathan Adamu Kish at the public hearing of the commission as the Commissioner of Justice and Attorney General of the state by Governor Patrick Ibrahim Yakowa did not go down well with many who accused the governor of double-standard further fuelling the estrangement.
Those aggrieved point to the fact that up to the time his name was sent to the State House of Assembly for screening and confirmation; he was the lead counsel of CAN at the commission. On several occasions, he was seen announcing his appearance for his client, CAN. He was appearing along with legal adviser of the association, Barrister Ben Churchill Aniekweana.
Worried by the development, twenty-four Muslim organisations under the aegis of Coalition of Muslim Victims of Ethno-religious Cleansing in Southern Kaduna petitioned the governor expressing their reservation over the appointment.
The coalition in a petition to the governor dated 18th July, 2011 said Barrister Kish as the Commissioner of Justice is now saddled with the responsibility of providing professional advice to the government on the report of the commission when it is eventually submitted.
In the petition which was also copied to the Speaker of the State House of Assembly, the Chief Judge of the state and Chairman of the state Judicial Commission of Inquiry, the body said “From this, it is crystal clear that the present Attorney General being CAN counsel before the commission would not and can never prosecute Christians who might probably be indicted. He would certainly suffer from conflict of interest between his erstwhile clients and his present appointment,” the coalition of Muslim groups said.
The coalition which had submitted its memorandum to the Judicial Commission of Inquiry also withdrew same.
The shortcomings of the commission of Inquiry, according to the groups, include “unjustified restriction of the number of witnesses per memo; selective recording of proceedings; gross failure of the commission to issue summons to accused persons and insistence by the commission chairman that the victims of the post- election riot are the ones to produce accused persons.
“In view of the above, we are reasonably convinced that the commission is either incompetent in the discharge of its core mandate, compromised or does not fully grasp the enormity of the issues at stake wherein about 14 Muslim Settlements were destroyed, leaving on its wake about 1000 persons massacred,” they said.
Contacted over the issues, Senior Special Assistant to the Governor on Media and Publicity, Mr. Reuben Buhari said CAN was not the only client the new Attorney General had in his legal career.
“Who told them that he will not be fair to them? Why do we have to judge everybody on the basis of his religion and not merit,” he queried.
Also, former CAN secretary in state, Reverend Joseph Hayab described the 24 Muslim organisations as fake, non-existent and mischief makers. “Barrister Kish might have served as one of the counsel to CAN but for people to make it an issue as to why he should not be an Attorney- General of the state, is not good for us. It is quite unfortunate that people want to use religion to paint his appointment black and Nigerians should disregard them in totality,’’ he said.
Hayab who is now the Special Adviser to the state governor on Christian Matters said the issue of law has nothing to with faith or ethnicity and that the governor has assembled for himself competent hands to assist him in moving the state forward.
Weekly Trust gathered that the commission is expected to wind up its activities next Monday. The question that is lingering in the minds of the people of the state is how the commission would write their report, when all Muslim organisations that submitted memo have withdrawn it.