Seven lawyers yesterday withdrew appearances at the ongoing Judicial Commission of Enquiry into the killing of over 50 security personnel in Nasarawa State.
The lawyers represent six Eggon communities, which are allegedly linked to the Ombatse Militia Group (OMG).
Also yesterday, the Justice Fola Gbadeyan-led panel suspended sitting, following reports that some witnesses, who were billed to appear at the sitting, were attacked by unknown gunmen.
The panel was constituted by Governor Tanko al-Makura following the massacre of over 50 policemen and operatives of the State Security Service (SSS) allegedly in an ambush by members of the Ombatse Militia Group in Lakyo village, on May 7.
The panel has received the notice of withdrawal, it was learnt last night.
The lawyers include Chief Ayas Bako Aya, appearing with Aliyu Anzewu and representing the District Head of Bassa, Chief Joshua Daudu; Ovye John, representing Eggon Communities in Barkin Abdullahi (B.A.D) and Randa; Anthony Jatau representing the Ward Head of Eggon in Arutu village of Doma Local Government Area; Ayuwulu Baba Ayuwulu, representing Eggon Community, Kadarko in Keana Keana Local Government Area; Gambo P. Assiku, representing Eggon Cultural Development Association (ECDA) in Bassa Zarengi; and Harry Dan Anyuanbaga, representing Mada Community of Bassa in Kokona Local Government.
Addressing reporters at a news conference in Lafia on behalf of the counsel, Aliyu Anzewu, alleged that the commission had breached the fundamental principles of fair hearing by refusing some of them the right to cross-examine presenters of memoranda contrary to the provision of chapter 7.1, 7.2 and 7.3 of the commission’s rules of procedure.
He also alleged that the Commission was biased by restricting counsel representing various Eggon Communities from cross-examining witnesses that presented memoranda where their client’s interests were adversely affected.
Anzewu said: “To worsen the breach of the fundamental principles of fair hearing, the commission’s chairman ordered all counsel to file their respective memorandum of appearance to enable counsel access to memoranda filed by other presenters in order to avoid giving out memoranda to persons that are not known to the Commission.
“This was complied with immediately, followed by applications for the memoranda to enable counsel assess, study and evaluate, for cross-examination as required in any legal proceedings of this nature.
“Unfortunately, some of the memoranda were given and few others were refused. The ones we were refused access to were the memoranda presented by Nasarawa State Government, the Nigeria Police Force and the State Security Service.
“These three memoranda are at the heart of this Commission of Inquiry having regard to the terms of reference of the Judicial Commission.
“Having circulated the memoranda presented by our clients, it confounds all reasoning why these memoranda could not be given to us.”
He gave instances including that of July 23, 2013, at the presentation of the first memorandum by Ipusu Community of Kadarko and alleged that Barr. Gambo Assiku representing Eggon Cultural Development Association of Bassa, applied to cross-examine the presenter of the memorandum but was allegedly turned down by the Commission.
“Having circulated the memorandum presented by my client, it confounds all reasoning why these memoranda could not be given to us,” he said.
He said because of the issues mentioned, his client had instructed him to withdraw from further participation in the proceedings of the commission “as to do otherwise will be to lend credence to a process that is programmed to achieve a predetermined end.”
He added that “it is in the light of the foregoing that we have come to a painful but inevitable conclusion that further participation in the Judicial Commission of Inquiry cannot in good conscience be justified.
“After repeated attempts to have the above anomalies
rectified unsuccessfully, we have our clients instructions to withdraw
further participation in the proceedings of the Commission as to do otherwise will be to lend credence to a process that is programmed to achieve a predetermined end.”
Another counsel and the OMG Legal Adviser Zamani Zakari Alumaga said: “I had given indications that we are not likely to get justice from this commission from the beginning.
“As at that time, we did not even know that the commission will take this position of a bobby trap as to properly bring to fruition our allayed fears.
“We thought the government instituted a commission that will be open so that we can clearly state our case, but now it is clear that the commission has been hired to indict some people. we are not bothered about whatever the outcome of this commission maybe.
“Whoever does a wrong must be right through instrument of the law. But a situation where you are constricted and a strong allegation is imposed on you, not because you committed it, it is not fair.”
Alumaga added: “We have lost confidence on this commission for not giving us the right of fair hearing while others communities are being given.”
A source who spoke in confidence said: “Another reason we are withdrawing appearance is that our clients have lost confidence on the commission and they are apprehensive that justice will not be done the end of the day.”
A highly placed source and member of the Commission, who spoke in confidence because he was not officially permitted to speak to the media, confirmed last night that the Commission has received the notice of withdrawal.
He said the Commission would address the issue today during its sitting.
Another source in the Commission said the development would not affect the work of the Commission.
He said: “They have the right to withdraw. This will not in any way affect the sitting or the work of the Commission. It is not by force that they should represent some of those who submitted Memoranda to the Commission. We will continue with our sitting tomorrow (today).”
Meanwhile, the panel could not sit yesterday following reports that unknown gunmen allegedly attacked two witnesses who were expected to testify before the commission.
The witnesses who were to be presented by Miyetti Allah Cattle Breeders Rearers Association were allegedly ambushed late on Tuesday night.
It was gathered that one of the witnesses was being treated at the Dalhatu Araf Specialist Hospital in Lafia.
The sitting began at 10:15am after Justice Gbadeyan called members of Miyetti Allah Cattle Breeders’ Association to make their submissions.
But their counsel, Mohammed Danjuma and Abubakar Abubakar Dogara, applied for an adjournment.
Danjuma particularly informed the commission that two of the three witnesses, who were to support the memorandum, were victims of an invasion on Kuduku village.
He said the gunmen also killed several cows and rustled others.
According to him, though the witnesses – Ali Mohammed and Tanko Zubariru – escaped the attack, they lost relatives to the invasion.
Justice Gbadeyan sympathised with the lawyers and their clients.
He granted their application and adjourned their submission till August 12.
Secretary of Miyetti Allah in the state, Mohammed Hussain, told reporters that Tiv militia men allegedly carried out the attack.
He claimed that five persons and several cows were killed during the attack.
Hussain said: “The people they killed are relatives of witnesses to our memorandum today.”
Police Commissioner Umar Shehu confirmed the attack on Kuduku settlement.
He said: “Only one person, a 10-year old boy, was killed.”
Shehu added that “15 cows were also missing”.
According to him, investigation into the attack was still ongoing to unravel the identity of the “gunmen”.
The police chief explained that “the Fulani alleged that they were attacked by Tiv people”.
He said the police command had deployed riot policemen to the area, adding that normalcy has been returned to the troubled community.
