BEVERLY HILLS, September 21, (THEWILL) – The National Human Rights Commission (NHRC) has called on the Federal Government to ensure prompt prosecution of the leader of the Islamic Movement in Nigeria (IMN), Sheik Ibrahim El-Zakzaky and members of his group found culpable for the December 2015 clash between them and men of the Nigerian Army.
NHRC also suggested the prosecution of members of the Nigerian Army found culpable for disproportionate and unreasonable use of force in violation of the Rules of Engagement and Code of Conduct of the Nigerian Army during the clash which occurred in Kaduna between December 12 to 14, 2015 and led to the death and displacement of unspecified number of citizens.
According to the recommendations contained in a draft report of the NHRC’s investigation into the incident prepared by a six-man Special Investigation Panel constituted by the commission, the panel accused the group of being responsible for the immediate cause by blocking a public highway and refusing to yield way when the convoy of the Chief of Army Staff ran into the blockade.
The NHRC panel also faulted the Kaduna State Government and unnamed law enforcement agents for its inability to ascertain the actual number of dead and missing persons, the cause of their death and the value of assets lost in the incident.
It called for the establishment of a fresh public inquiry, equipped with forensic and all other necessary support to ascertain the actual number of persons missing or dead and causes of such deaths, the proportionality and reasonableness of the response of the Nigerian Army to the aggression of the IMN during the incident.
“The appropriate criminal prosecution for blocking the public highway by members of the IMN should be applied to the members and leadership of the IMN for failing to obey lawful directives when requested to do so by law enforcement officials,” the Panel said.
“The leader of IMN should be tried speedily for any offences (if any) established against him and his organisation in line with the Constitution. However, the issue of his continued detention and violation of his right to liberty are already subject of litigation before courts of competent jurisdiction and therefore subjudice.
“The leadership and members and members of IMN were responsible for the abuse of the right to freedom of movement of the convoy of the COAS and other members of the public by blocking the public highway on December 12, 2-15.
“There was the mass demolition of properties by the Kaduna State Government as a result of the incident, without due process, thereby violating the right to property of the victims. The Kaduna State Government did not give figures of numbers of dead persons to the SIP when it visited the state government to request for this and other information on the dead persons.”
The panel also recommended compensation for the dead and others, whose property were demolished by the state government and urged both the Federal Government and the Kaduna State to assume responsibility for the care and settlement of the medical bills of those injured in the incident, including El-Zakzaky and his group’s members.
Story by David Oputah
