The Nation Newspaper

Tag: Eric Ikhilae

  • Dasuki’s lawyer fault claim on permission to visit late father

    Dasuki’s lawyer fault claim on permission to visit late father

    Lawyer to former National Security Adviser (NSA), Sambo Dasuki, Ahmed Raji (SAN) has faulted claim that his client was given permission to visit his late father, Ibrahim Dasuki, in an Abuja hospital.
    Raji, while speaking after proceedings in the case involving Dasuki on Wednesday at the High Court of the Federal Capital Territory (FCT), Maitama, Abuja, said it was doubtful that such permission was extended to his client by the state.
    Raji said the purported offer was doubtful because none of his client’s lawyers was contacted on the issue.
    He said: “As his counsel, we are not aware of that offer. Our client has not told us anything of that nature. We would have expected that if such a gesture was going to be made to him we as his counsel should have been involved so that we can advise him properly.
    “As I am speaking to you, I am hearing of this for the first time,” Raji said.
    The lawyer faulted the continued detention of his client after bail had been granted to him by courts, including the Economic Community of West African States (ECOWAS) Community Court.
    Meanwhile, proceedings were put off yesterday in the $2.2B  fraud charge brought against Dasuki and others by the Federal Government.
    The decision to adjourn proceedings was informed by agreement by lawyers in the case that hearing be shifted to another date in view of the death of Dasuki’s father.
    Trial judge, Justice Huseini Baba-Yusuf adjourned to December 7.
    The court on October 21 agreed to request by parties in the case that the two charges involving Dasuki, marked: FCT/HC/CR/43/2015 and FCT/HC/CR/42/2015 be heard Justice Baba Yusuf.
    The first case involved Dasuki, a former Director of Finance, Office of the NSA, Shuaibu Salisu; a former Executive Director of the Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa and his two companies –  Acacia Holding Limited, and Reliance Referral Hospital Limited.
    They are accused, in the case currently before Justice Baba-Yusuf, of diverting about N13.6 billion, property of the office of the NSA.
    The second case (that was before Justice Affen), involves Dasuki, ex-Minister of State for Finance, Bashir Yuguda, a former Director of Finance at the office of the NSA, Shuaibu Salisu, a former governor of Sokoto state, Attahiru Bafarawa, his son, Sagir Bafarawa and their company, Dalhatu Investment Limited.
    They are accused, in the second case, of diverting about N9.2billion from the office of the NSA.
  • FG files charge against Supreme Court Justice, Ngwuta

    FG files charge against Supreme Court Justice, Ngwuta

    The Federal Government has filed a six-count charge of money laundering and forgery against  corruption against Justice Sylvester Nwali Ngwuta of the Supreme Court.
    The charge marked: FHC/ABJ/CR/232/2016 was filed on Tuesday before the Federal High Court, Abuja by the office of the Attorney General of the Federation and Minister of Justice.
    Justice Ngwuta, whose age is put at 65 years, was one of the judicial officers recently arrested by the Department of State Services (DSS).
    He was alleged to have retained,  in his possession, N35, 358, 000.00 contrary to the Money Laundering ( Prohibition) Act 2011 (as amended).
    The state also accused him Of unlawfully retaining, in his possession,  $319,596.00 (USD) and (GBP) 25, 915 all of which according to the prosecutors formed part of the proceeds of an unlawful act contrary to the Money Laundering Act.
    The prosecutor said Ngwuta possessed four diplomatic passports, one official and two standard Nigerian passports, all in the name of the defendant.
    They further accused him of obtaining multiple passports contrary to Section 10 of the Immigration Act, 2015 and punishable under the same Section.
    Ngwuta was equally accused of making false statement to the passport office concerning his date of birth for the purpose of procuring an additional Diplomatic Passport for himself.
    The Supreme Court Justice was also alleged to have in his possession two valid diplomatic passports and thereby committed, an offence under Section 10 of the Immigration Act.
    The charge reads:

    Count one

    Statement of offence
    Money Laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2011 (as amended) and punishable under Section 15 (3) of the same Act
    Particulars of offence
    Sylvester Nwali Ngwuta, adult, ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about the 8th day of October, 2016 within the jurisdiction of this honourable court, retained in your possession the sum of thirty-five million, three hundred and fifty-eight thousand naira (NGN35,358,000.00) which sum forms part of the proceeds of an unlawful act and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2011 (as amended).

    Count two

    Statement of offence
    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering Prohibition) Act 2011 (as amended) and punishable under Section 15 (3) of the same Act
    Particulars of offence
    Sylvester Nwali Ngwuta, adult, ‘Mי, ‎65 years of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about the 8th day of October, 2016 within the jurisdiction of this honourable court, retained in your possession the sum of three hundred and nineteen thousand five hundred and ninety-six United States of America ($319,596.00) dollars which sum forms part of the proceeds of an unlawful act and you thereby committed an offence contrary to section 15 (2) (d) of the Money Laundering (Prohibition) Act 2011 (as amended)

    Count three

    Statement of offence
    Money laundering, contrary to section 15(2)(d) of the Money Laundering (Prohibition) Act 2011 (as amended) and punishable under Section 15 (3) of the same Act.
    Particulars of offence
    Sylvester Nwali ta, adult, ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, off Shehu Shagari Way, Central District, Abuja, on or about the 8th day of October, 2016 within the jurisdiction of this Honourable Court, retained in your possession the sum of twenty-five thousand nine hundred and fifteen pounds sterling (GBP 25,915) which sum forms part of the proceeds act and you thereby committed an offence contrary section 15 (2)(d) of the Money Laundering (Prohibition) Act 2011 (as amended).

    Court four

    Statement of offence
    Offences with respect to Passports contrary to Section 10 (a)(1) of the Immigration Act 2015 and punishable under Section 10 (1) of the Act.
    Particulars of offence
    Sylvester Nwali Ngwuta, adult, M, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, off Shehu Shagari Way, Central District, Abuja,  FCT, on 8th October 2016 at Abuja within the jurisdiction of this honourable court, had in your possession, two valid diplomatic passports and you thereby committed an offence contrary to  section 10 (1) (a) of the Immigration Act 2015.

    Count five

    Statement of offence
    ‎Offences with respect to Passports contrary to Section 10 (l) (a) of the immigration Act 2015 punishable under Section 10 (1) of the Act.
    Particulars of offence
    Sylvester Nwali Ngwuta, adult ‘M’, 65 years, of No. 2 Yellow Houses Supreme Court Quarters, Off Shehu Shagari Way, Central District Abua, FCT, on 17 September 2014 at Abuja within the jurisdiction of this honourable court, you knowingly made a false statement to the passport office concerning your date of birth for the purpose of procuring an additional diplomatic passport for yourself and you thereby committed an offence contrary to Section 10(1)(c) of the Immigration Act.

    Count six

    Statement of offence
    Offences with respect to Passports contrary to section 10 (1) (d) of the Immigration Act 2015 punishable under Section 10 (1) of the same Act.
    Particulars of offence
    Sylvester Nwali Ngwuta, adult male, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Way, Central District, Abuja, FCT, on September 17, 2014 within the jurisdiction of this honourable court, you  submitted multiple application forms to one or more passport offices with the intention of obtaining multiple diplomatic passports for yourself and thereby committed an offence contrary to Section 10 (1) (d) of the Immigration Act 2015 and Punishable under Section 10 (1) of the same Act.
  • 14 days after, Saraki ends historic cross-examination

    14 days after, Saraki ends historic cross-examination

    After engaging the first prosecution witness in his trial for 14 days, Senate President, Bukola Saraki ended his cross-examination of Michael Wetkas on Tuesday.
    Saraki is being prosecuted on a 16-count charge of false assets declaration before the Code of Conduct Tribunal (CCT).
    Since the prosecution team led by Rotimi Jacobs (SAN) concluded with Wetkas (an operative of the Economic and Financial Crimes Commission)  as its first prosecution witness about five months ago, the defence has been cross-examining him.
    At some points, the tribunal Chairman, Danladi Umar and Jacobs had had cause to complain about the seeming unending cross-examination by the defence team, with lawyers in the team, including Paul Usoro (SAN) and Paul Erokoro (SAN) taking a turn to ask the witness questions.
    Many were, however, surprised when Usoro announced that the defence was through with Wetkas because he (Usoro) did not give any hint the previous day that he would be done with the witness yesterday.
    At the commencement of proceedings yesterday, Usoro queried the witness in relation to count-16 of the charge.
    The count relates to an allegation that the Senate President between, June 2011 and October 2013, took salaries and emoluments from Kwara State Government and at the same time from the Federal Government as a Senator in breach of section 6(a) of Code of Conduct Bureau and Tribunal Act.
    When asked if he investigated the account of the Kwara State Government, and whether he questioned Saraki or any officials of the state government about the charge, Wetkas said “no.”
    At the completion of the defence’s cross-examination, Usoro thanked the tribunal for accommodating the defence, notion that the long cross-examination was not meant to delay the case but was because the case is complex.
    Jacobs was absent at yesterday’s proceedings. The tribunal adjourned further hearing to January 11 next year.
  • Judge withdrawals from Lagos’ appeal against al-Mustapha’s acquittal

    Judge withdrawals from Lagos’ appeal against al-Mustapha’s acquittal

    Justice Centus Chima Nweze of the Supreme Court on Thursday withdrew from a panel set up by the court to hear an appeal by the Lagos State Government against the judgment of the Court of Appeal acquitting former Chief Security Officer (CSO) to the late Gen. Sani Abacha, Maj. Hamza al-Mustapha.
    Justice Nweze announced his withdrawal yesterday when the appeal was called.
    He reminded lawyers in the case that he had participated in the hearing of the appeal by al-Mustapha at the Court of Appeal, Lagos division.
    The judge, who said he actively participated in the hearing of the appeal at the lower court, added that he, at some point, presided over the hearing of the  case at the appeal court before another panel of the same court took over.
    Justice Olabode Rhodes-Vivour, who presided over proceedings yesterday, ruled that, in view of the information by Justice Nweze, he would be excluded from the case forthwith.
    He adjourned to January 12, 2016.
    Al-mustapha and an aide to the late MKO Abiola, Lateef Sofolahan were tried before the Lagos High Court over the murder of Kudirat Abiola (the late Abiola’s wife) on June 4, 1996.
    Al-Mustapha and Shofolahan were in January 2012 sentenced to death by a Lagos High Court for the murder.
    Upon an appeal, the Court of Appeal in Lagos, on July 12, 2013, discharged and acquitted them, a decision the Lagos State Government is challenging at the Supreme Court
  • FG urged to reconsider arrested judges’ cases

    FG urged to reconsider arrested judges’ cases

    The Federal Government has been urged to reconsider its stance on the fate of the judges recently arrested by the Department of State Services (DSS).
    The request is contained in a letter dated October 26, 2016, authored by the Director General of the International Human Rights and Anti-corruption Society (IHRAS), Dr U. O. Udofia, to the Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami (SAN).
    The group, which said it was particularly concerned with the case of Justice Nnamdi Dimgba of the Federal High Court, Abuja, noted that from its members’ findings, the judge was above board.
    In the letter, a copy of which the group sent to the Director General of the DSS, the IHRAS, argued that although it supports efforts by the government to curb corruption, it must be done in accordance with the rule of law and due process.
    “Our independent investigation reveals that Justice Dr Dimgba was appointed in December 2015 as a judge of the High Court and started sitting in January 2016 and has remained a judge of high repute in the discharge of his constitutional duties effectively and transparently.
    “The case files taken by the DSS in Justice Dimgba’s residence during the DSS operations were for judgments on Monday, Tuesday and Wednesday the following next week, before the DSS operation on Friday night.
    “Justice Dimgba has a right under the law to take the case files for study and writing of the judgments. During the DSS operation, nothing was found, no monetary materials were found in his residence.
    “It is upon this background that we appeal to the Federal Government of Nigeria, particularly the Attorney General of the Federation (AGF) and the DSS to reconsider the case of Justice Dimgba, whose residence was mistakenly invaded by the DSS.
    “The appeal is predicated on the outcome of our untainted and undiluted investigation and opinion poll conducted among legal practitioners and others, within and outside the Federal Capital Territory (FCT).
    “All those contacted on this issue attested to the sincerity and honesty of Justice Dimgba in the discharge of his duties,”  IHRAS said.
    The group urged the Fed Govt to ensure that the fight against corruption should serve as an incentive, to encourage and not discourage all those who are working sincerely in the interest of public.
  • NJC faults NBA’s call for suspension of affected judges

    NJC faults NBA’s call for suspension of affected judges

    The National Judicial Council (NJC) has faulted the call by the Nigerian Bar Association (NBA) for the compulsory suspension of some judges recently arrested by the Department of State Services (DSS) on corruption allegations.
    The NBA President, Abubakar Mahmud (SAN) had, at a function in Abuja on Thursday, urged the affected judges to either be sent on compulsory suspension or cease to exercise their judicial powers until their innocence was proved.
    The NJC argued in a statement late on Friday that the NBA was wrong in calling for the judges’ suspension having earlier supported the council’s decision to condemn the arrest, which it described as an attempt to cow the Judiciary.
    The statement by its Acting Director, Information, Soji Oye, stated that the council could only exercise its disciplinary powers over judicial officers where due processes were complied with.
    NJC said the midnight invasion of the judges’ houses and their arrest by DSS violated due process and could not serve as a basis for the NJC to suspend the affected judicial officers.
  • Alleged assault: Court dismisses N500m suit against Metuh, wife

    Alleged assault: Court dismisses N500m suit against Metuh, wife

    • Says plaintiffs failed to prove their case
    A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja has dismissed a N500 million suit brought against former Peoples Democratic Party (PDP) spokesman, Olisa Metuh, his wife, Kanayo and one of their security aides, Oche Gambo.
    In a judgment on Thursday, Justice Folashade Ojo held that the plaintiffs – the management of an Abuja-based private school – British Nigerian Academy (formerly attended by Metuh’s son, Derrick) and two of its staff – Kola Pele (Vice Principal) and Hamzat Maftau (a teacher) failed to prove their case against the defendants.
    The plaintiffs had sued Metuh and others for allegedly forcing themselves into the school premises on February 19, 2011 and assaulting two of the school’s staff, who confiscated Derrick’s mobile telephone.
    The plaintiffs, in the suit, marked: FCT/HC/CV/4248/2011 stated that Metuh’s wife and son visited her (Metuh’s wife’s) nephew, Kamsi Aghaji (a student) when an official of the school, Miss. Amauche Igbe, who saw Derrick giving his phone to some students in the boys’ hostel, in violation of school rules (that no phone allowed in hostels) seized the phone.
    They further stated that, on being unable to secure the release of her son’s phone, Kanayo invited her husband, who alleged stormed the school premises with armed policemen and allegedly assaulted Pele and Maftau for refusing to release his(Metuh’s) son’s phone.
    The plaintiffs prayed the court to declare among others, that the actions of the defendants on February 19, 2011, at the school amounted to trespass and unlawful entry to the plaintiffs’ school premises.
    The urged the court to award N500million damages against the defendants (N150m in special and general damages for assault, harassment, intimidation, mental pain, severe humiliation and injury to the person and personal integrity of Pele and Maftau; N100m for exemplary damages for trespass and unlawful entry into the school premises and N250m aggravated damages for grave injury caused to the commercial reputation and protective integrity of the school.
    After analysing all evidence led by parties at trial, Justice Ojo resolved the three issues identified for determination against the plaintiffs. She noted that the failed to provide sufficient evidence to prove their case.
    On whether the presence of the defendants in the school premises on the day of the incident was unlawful, as claimed by the plaintiffs, the judge noted that the plaintiffs, even though pleaded the school’s newsletter (which they claimed contained notices of students’ relatives’ visiting days) they neglected to tender it in evidence.
    Justice Ojo held that the only inference one could draw from plaintiff’s failure to tender the newsletter, which was necessary to prove their claim of trespass, was because its content did not support their case.
    The judge held that the plaintiffs could not prove that the defendants were in the school premises, on the day of the incident, unlawfully as the plaintiffs failed to prove that claim.
    In holding that the plaintiffs failed to also establish their claim of assault, the judge noted that even where it was the plaintiff’s case that the incident of assault occurred in the presence of some school staff, students and their parents, the plaintiffs failed to call some of those, who they claimed witnessed the incident.
    “It was a staff of the 1st plaintiff (Miss. Amauche Igbe) that seized the phone from the 2nd defendant and handed over same to the 2nd plaintiff. The saidMiss. Amauche Igbe did not testify in this case and no reason was given for her failure to testify.
    “In the face of the denial of the plaintiffs’ case by the defendants, I am of the view that the failure of the plaintiffs to call any other witnesses is fatal to their case. The plaintiffs’ evidence is that other people were present when the assault took place. The people include the staff and students of the school.
    “In the present circumstance, I am of the view that the plaintiffs have failed to prove, by the preponderance of evidence that they were assaulted by the defendants on the day in question,” the judge said.
    She added that having held that the plaintiffs could not establish trespass against the defendants their prayers for injunctions and damages cannot be granted.
    “The alleged misconduct of the defendants, which allegedly brought pains, harassment, etc to the plaintiffs has not been proved. In conclusion, I find that the plaintiffs have failed to prove their case against the defendants and same is dismissed in its entirety,” Justice Ojo said.
  • Appeal court upholds Dickson’s election

    Appeal court upholds Dickson’s election

    The appeal tribunal at the Court of Appeal, Abuja on Thursday dismissed the appeal by former Bayelsa State governor, Timipre Sylva against the validation of Seriake Dickson’s election by the trial tribunal.
    Sylva and his party, the All Progressives Congress (APC) had appealed the decision of the governorship election tribunal, which sat in Abuja, and urged the appellate court to set aside the trial  judgment delivered on July 26, 2016.
    In a unanimous judgment, a five-man panel led by Justice Jimi Olukayode Bada, resolved the five issues raised for determination against Sylva. The appeal was marked: CA/A/EPT/482/2016.
    The court, in a lead judgment read by Justice Bada, held that Sylva failed to prove his allegation that the election held on December 6, 2015 and the supplementary one held on January 9, 2016 were marred by substantial non-compliance with the Electoral Act.
    It also held that Sylva failed to prove the allegations of irregularities and corrupt practices raised in his petition.
    The court upheld the decision by election tribunal, which earlier affirmed Dickson’s victory.
    It noted that while Sylva’s case was  against the decision of the Independent National Electoral Commission (INEC) to cancel the election held in Southern Ijaw Local Government on December 6, 2016, he failed to lead credible evidence to prove his case.
    Sylva had argued that INEC’s decision to cancel  the December 6, 2015 election in Southern Ijaw LG and reschedule it for January 9, 2016 was a breach of the provision of Section26(1( of the Electoral Act 2010.
    On whether election actually took place in Southern Ijaw LG on December 6, 2016, the appellate court held that the prosecution presented contradictory evidence in this regard.
    As against Sylva’s argument that INEC’s Resident Electoral Officers (REC) in the state lacked the power to have announced a cancellation of the election, the court held that Section 153(1)(f) of the 1st Schedule to the Constitution allows INEC to delegate its powers to any of its REC.
    It held that it was only INEC that could complain about how its REC exercised the so delegated powers.
    The court further held that by the evidence led by the appellant ( at the trial tribunal), it was clear that there was no conducive atmosphere under which a peaceful election could have been held in Southern Ijaw, and that the most reasonable thing in that circumstance was to postpone the election, which INEC did.
    It held that the burden was on Sylva to lead credible evidence to prove that election actually held in Southern Ijaw, which he failed to do.
    “Where a party seeks declaratory reliefs, it is the law that his case succeeds on the strength of his case and not the weakness of the defence.
    “A proper interpretation of Section 26(1) of the Electoral Act will accommodate what occurred in Southern Ijaw, where election was marred by violence.
    “There cannot be said to have been an election. The decision to conduct the election at a later date can be better interpreted as postponement, not cancellation.
    “The appellant, who asserted that there was election in Southern Ijaw LG on December 6, 2015 has the burden to prove the election and not the other way round,” the court said.
    The court faulted the decision by Sylva and his party to participate in the rescheduled election when they had protested INEC’s rescheduling of the election.
    It held that having participated in the rescheduled January 9, 2016 election, Sylva and his party have lost the right to challenge the propriety or otherwise of INEC’s decision to reschedule the election.
    On whether the tribunal was right to have held in favour of the respondents by virtue of the evidence led, the appellate court noted that although Sylva and his party were able to show some instances of irregularities, it was not sufficient to prove that such irregularities substantially tilted the result of the election in favour to the eventual winner.
    It also upheld the trial tribunal’s decision to delete names of some unnamed parties from the petition and to also delete some portions of the petition on the grounds that the appellants were unable to show how that decision worked injustice against them.
    “With the resolution of all the five issues against the appellants, I am of the view that this Appeal is devoid of merit. It is accordingly dismissed. Parties are to bear their costs,” Justice Bada said.
    The court also dismissed the two  cross appeals filed by Dickson and his party, the Peoples Democratic Party (PDP) which challenged the competence of Sylva’s candidacy for the election.
    Justice. Nonye Okoronkwo read the lead judgment in the appeal by Dickson marked: CA/A/EPT/482B/2016, while Justice Tunji  Awotoye read the lead judgment in the appeal by PDP marked: CA/A/EPT/482C/2016.
    The court, in holding that both appeals were unmeritorious, noted that issues about qualification were outside the jurisdiction of election tribunals.
  • EFCC prosecutes woman for allegedly issuing N50m dud cheques

    EFCC prosecutes woman for allegedly issuing N50m dud cheques

    The Economic and Financial Crimes Commission (EFCC) has commenced the prosecution of an Abuja-based businesswoman, Mrs Joy Folake Yobah for allegedly issuing dud cheques valued at N50million to a business partner.
    It will be recalled that Mrs Yobah, Managing Director of Skyhigh Ventures Ltd, was earlier this year arraigned before Justice Sylvanus Oriji of the High Court of the Federal Capital Territory in Apo, Abuja on a 5-count charge, to which she pleaded not guilty.
    The court, on September 19, 2016 admitted some documentary exhibits tendered by prosecution lawyer, Dalyop Eunice. They include report of the investigation, the alleged dud cheques and the defendant’s statement.
    Justice Oriji adjourned to October 2 for the prosecution to call its witnesses.
    Mrs Yobah was said to have entered into a project financing agreement as “the contractor ” with United Surgicals Ltd as “financier”.
    The financier and the contractor had entered into an agreement for United Surgicals Ltd to finance Skyhigh’s sub-contract awarded to it by the Central Bank of Nigeria through an award letter referenced PSD/PP/GEN/PEL/001 dated 21st May, 2012 to install security surveillance systems at its Bauchi branch.
    The contract was for N222,836,551.07. By the earlier agreement by the parties, United Surgicals was said to have given N40million to Skyhigh as a loan, to attract a monthly interest of 15 percent.
    The prosecution alleged that on January 1, 2014, interest on the said loan was stopped, and the total of money due to the financier (to wit the loan and interest) amounted to N64million.
    It added that on the same day, the contractor paid the sum of N25million to the financier leaving a balance of N39million.
    Mrs. Yobah and her company were alleged to have, in a bid to settle the loan, issued dud cheques of N10million to the Managing Director of United Surgicals, Emmanuel Uzomah, which were allegedly not honoured by banks.
    Dissatisfied that the cheques were dishonoured, Uzomah petitioned the EFCC, which investigated the case and found Yobah liable.
  • Army/Shiite clash: NHRC seeks prompt prosecution of El-Zakzaky, others

    Army/Shiite clash: NHRC seeks prompt prosecution of El-Zakzaky, others

    • Blames Kaduna govt, security agencies for uncertainty over number of dead, missing persons, lost assets

    The National Human Rights Commission (NHRC) on Wednesday urged 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.

    The clash witnessed in Kaduna between December 12 to 14, 2015 led to the death and displacement of yet to be determined number of people, with an unspecified number of property destroyed.

    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.

    These formed part of the recommendations contained in a draft report of the NHRC’s investigation into the incident. The draft report prepared by a six-man Special Investigation Panel constituted by the commission, was presented to NHRC’s Executive Secretary in Abuja by its Chairman, Anthony Ojukwu.

    NHRC’s Executive Secretary, Prof Bem Angwe, who commended the panel for a job well done, assured that the final report will be made public  later this year.

    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 created by members of IMN, who were armed and became “riotous and constitution an obstruction on the road.

    It recommended total ban, by the Federal, state and local governments, of the blockage of public roads for religious or other purposes like tax collection, social activities and others.

    The NHRC panel 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 blamed the lack of “clear and conclusive evidence” about the dead on the hurried mass burial carried out by the state government without allowing specialists at the Ahmadu Bello University Teaching Hospital to conduct the necessary examinations and tests of the corpses.

    It said the sudden withdrawal of the IMN in the activities of the panel made it impossible to answer questions relating to the number of its members’ death, their identity and the number of their property affected.

    The panel, which noted that the increasing involvement of the military in civil operations was not sustainable, suggested its discontinuation to avoid the increasing conflicts between the military and civil society.

    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 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,” it said.

    The panel recommended compensation for the dead and others, whose property were demolished by the state government. It urged both the Fed Govt 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.

    It said it was able to ascertain among others, that there was violation of the rights to life (of those who died), to freedom of movement (as it relates to the Chief of Army Staff (COAS) and those in his convoy, who were obstructed by the blockage created by members of the IMN) and to property (in relation to property of IMN members and others destroyed without due process).

    “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,” it said.