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Tag: Zaria clash

  • Zaria clash: Accused dies in prison custody 

    A Kaduna State High Court 6, presided over by Justice David Wyoms, was yesterday informed that one of the 80 accused arraigned for culpable homicide, following December 12-14, 2015 Shiites/Army clash in Zaria, has died in prison custody.

    The state prosecutor, Mr. Dari Bayero, told the court of the death of Abbas Isiyaku in prison custody, and asked that his name be struck out from the list of the 80 accused.

    The judge immediately granted that the deceased’s name be removed.

    The accused are also charged with criminal conspiracy, unlawful assembly, disturbance of public peace and wrongful restraint during the Zaria clash.

    The lead defending counsel to the accused, Mr. Festus Okoye, did not object to the striking out of the deceased’s name.

    Justice Wyoms said: ”The name of accused person no 28 is hereby struck out.”

    The case was adjourned till June 21 for further mention.

  • Zaria clash: Accused Shi’ite member dies in prison custody 

    Zaria clash: Accused Shi’ite member dies in prison custody 

    A Kaduna State High Court 6, presided over by Justice David Wyoms was Wednesday informed that one of the 80 accused persons charged and arraigned for culpable homicide following December 12-14, 2015, Shiites/Army clash in Zaria has died in prison custody.

    The State Prosecutor, Mr. Dari Bayero, told the Court of the death of one Abbas Isiyaku in prison custody, and asked that his name be struck from the list of the 80 accused persons.

    The presiding Judge immediately granted that the deceased name be removed.

    The accused persons are also charged with criminal conspiracy, unlawful assembly, disturbance of public peace and wrongful restrain during the Zaria clash.

    According to Bayero, “before your Lordship is a charge under sections 97, 221, 102,106 and 256 of the Penal Code Law of Kaduna State for mention. Before we start, I apply that the name of Abbas Isiyaku be struck off the list. He is deceased,” Bayero said.

    The lead defending counsel to the accused persons, Mr. Festus Okoye did not object to the striking of the deceased name, saying, “No objection. The said accused person died in prison custody”.

    Justice Wyoms said, “The name of accused person no 28 is hereby struck out”.

    However, Bayero further informed the court that, “Accused persons nos 42-80 are women and were released on bail to one Musa Usman. He is in court. Earlier, before the Hon. Justice Hannatu Balogun in Court 8, in a sister case he undertook to produce those he took on bail and he asked for time. The learned Judge granted him time. I pray that the honourable court should grant him time to produce those he took on bail”.

    But Okoye objected to Bayero’s  submission, saying, “Accused 42-80 are women, children and minors. Alhaji Musa Usman did not take them on bail.

    “The Police released them to him on grounds that the State claimed that they do not want to prosecute women, children and minors. Alhaji Musa is here and it is only fair to allow him tell the Court what transpired between him and the Police”.

    In the process, the presiding Judge asked Alhaji Musa Usman, “Where are the people that were released to you”?.

    According to Alhaji Musa Usman, “On Friday 18th December 2015, around 11am one Sayyed Babangida called me and said that the Commissioner of Police wants to see us.

    “We met with him and he said that he has been given directives to release women and children. That he wants us to help him get buses to convey the women and children to their various destinations.

    “I made calls and got the buses and he said that we must conclude their evacuation within 10 minutes. The women and children were brought from various cells and put in the buses. I did not even see their faces. One of the buses took those going towards Abuja and Minna and another took those going towards Zaria and Kano. This is what happened on that day”.

    Okoye added, “My Lord I was not at the Police station when the Commissioner of Police and Alhaji Musa Usman entered into this agreement. My learned colleague the DPP of Kaduna State was not there.

    “Alhaji Musa Usman said he took a nursing mother on bail and a few accused persons with gunshot wounds but that the Police released women and children unconditionally. (The bail applications given to him).

    “My Lord, there are three documents. Alhaji Musa signed two of the documents but the last document contained a long list was fraudulently attached to a bail bond to give the impression that he took over sixty of the women and children on bail. The Police gave Alhaji Musa the last list on Friday the 6th day of May 2016″.

    But the presiding Judge said, “I have listened to the submissions of both parties concerning accused persons no 42-80. From the documents submitted by the DPP, Alhaji Musa sought for the bail of some of the accused persons and some were released to him.

    “The State preferred the charges before this court. It is noted that some accused persons are not in court and were released on bail by the Police.

    “It is the duty of the Police to ensure that the accused persons are in court. If Alhaji Musa does not fulfil the conditions of bail given by the Police, the Police know what to do”.

    To this end, Bayero demanded for a new date for the Sureties to producec the accused persons,  “I want a date for the sureties to produce the accused persons. We want a date after June 20, 2015”.

    But Okoye said, “We apply for an earlier date because all the accused persons before my Lord have been in custody since the 13th of December 2016. So many of them are sick and some are carrying gunshot wounds. We want a speedy trial for all of them.

    “The DPP has not shown that it is only after the 20th of June that the people can be produced. I humbly ask for an earlier date”.

    However, the presiding Judge adjourned the case, saying, “For the sake of fairness I will adjourn the matter to the 21st of June, 2016 for further mention”.

     

     

  • Zaria clash: Army denies handing over 347 bodies to govt

    Zaria clash: Army denies handing over 347 bodies to govt

    The Army yesterday denied handing over 347 bodies to the Kaduna State government.

    Speaking at the Commission of Enquiry investigating the last December 12-14 clash between the Army and members of the Islamic Movement in Nigeria (IMN), otherwise called the Shi’ite, it said it did not give the figure of the bodies it released to the government, adding that it only handed a few bodies to the government representative.

    The government said at previous hearing that at least 347 bodies were handed over to it by the Army for mass burial.

    The Secretary to the State Government (SSG), Mallam  Balarabe Abbas Lawal, at a previous sitting of the commission, said not fewer  than 347 unknown bodies were given mass burial in Kaduna a few days after the incident.

    The Director-General of Interfaith, Muhammad Namadi Musa, claimed he led the burial of the unknown bodies, saying it was carried out at midnight and lasted till 5am.

    He said: “On December 13, 2015 I received a phone call from the SSG to come to the Government House, after which I was directed to go to Zaria to find out the number of bodies and how they would be buried.

    “At the Army depot, the SSG directed me to meet one Major Ogundare regarding the bodies there. After introducing myself, he refused to let me know the number; but later on, the SSG called me and told me the number.”

    The Army said few bodies, and not 347 bodies, were handed over to the government for burial.

    At the resumed sitting of the commission yesterday, a medical officer from the Army Depot, Zaria, Major Uche Agulana, said contrary to the government’s claim that 347 bodies were buried in mass grave, he handed over few bodies to the representative of the government.

    Cross examined by counsel to the commission, Agulana said he did not keep the record of the deaths, because, according to him, he was busy at that time “trying to save the lives of those brought to the hospital.”

    The General Officer Commanding (GOC), 1 Mechanised Division, Maj-Gen. Adeniyi Oyebade, said the Shi’ite attacked soldiers on that day.

    He added that it was that situation that prompted his men to apply force to restore law and order.

    When asked by the chairman of the commission why the Army did not inform the Police before invading the home of the detained leader of the Shi’ite, Sheik Ibrahim El- Zakzaky, since the matter was a civil one, the GOC said the police had no enough manpower to curtail the IMN members.

     

  • Zaria Clash: Army deny handling 347 corpses to Kaduna Gov’t

    Zaria Clash: Army deny handling 347 corpses to Kaduna Gov’t

    The Nigerian Army Monday denied before the commission of inquiry investigating the December 12-14 clash between the Army and members of the Islamic Movement in Nigeria, of handing over 347 corpses to the Kaduna State Government.

    The Army though did not give actual figure of the corpses it released to the government, said it only handed a few corpses to the representative of the state government.

    The government had said at previous hearing of the commission that at least 347 corpses were handed over to them by the Army for mass burial.

    The Secretary to the Kaduna State Government, Mallam  Balarabe Abbas Lawal had at the previous sitting of the commission, said not less than 347 unknown corpses from the last December clash were  given mass burial in Kaduna few days after the bloody clash.

    Also, the Director General of Interfaith, Muhammad Namadi Musa, had concurred by claiming that he led the burial exercise of the unknown corpses and that it was carried out at 12 mid night and lasted up to 5:00am in the morning.

    Musa said, “On 13th December, I received a phone call from the SSG to come to government house after which I was directed to go to Zaria to find out the number of corpses and how they would be buried.

    “At the Nigerian Depot, the SSG directed me to meet with one Major Ogundare regarding the corpses there. After introducing myself, he refused to let me know the number; but later on, the SSG called me and told me the number.”

    However, the Nigerian Army maintained on Monday that few corpses and not the 347 corpses were handed over to the government for burial.

    At the resumed sitting of the Commission on Monday, a medical officer from the Nigerian Army Depot, Zaria, Major Uche Agulana told the Commission that contrary to the state governments claim that 347 corpses were buried in mass grave, he handed over few corpses to the representative of the state government.   

    Agulana, when cross examined by counsel to the commission to give the actual figure of the dead, said he did not keep the record of the deaths as according to him, he was busy at that time “trying to save lives that were brought into the hospital.”

    Also, the General Officer Commanding, 1 Mechanized Division, Nigerian Army, Kaduna, Maj-Gen. Adeniyi Oyebade maintained that members of the Shiites attacked soldiers with dangerous weapons on that fateful day.

    He added that it was that situation that prompted his men to apply relative force in order to restore law and order in the ancient city of Zaria.

    When asked by Chairman of the commission why the army did not notify the Police during the incident on December 12, 2015, before invading the residence of the detained leader of the Shiites, Sheik Ibrahim El Zakaky, since the matter is a civil one, the GOC insisted that the police had no enough manpower to curtail the IMN members.

    Besides, Oyebade maintained that Zaria fell under jurisdiction; it was his responsibility to maintain law and order in Zaria.

  • Zaria clash: Commission of Inquiry recalls GOC for further questioning

    Zaria clash: Commission of Inquiry recalls GOC for further questioning

    The Judicial Commission of Inquiry probing the clashes between the Nigerian Army and members of the Islamic Movement in Zaria has issued a recall to the General Officer Commanding  (GOC) 1 Division of the Nigeria Army, Major General Adeniyi Oyebade for further examination and questioning.

    This was the main high point of the Commission’s Public Hearing this Thursday.

    Since the 6th April when the Nigeria Army witnesses made their presentations before the commission, a lot has been uncovered with regards all that transpired in Zaria on December 12 to 14.

    This, apparently informed the decision by the Commission’s Chairman, Justice Mohammed Lawal Garba to facilitate the recall of the GOC, 1 Division for further examination at the commission’s public hearing.

    Following the information by the Counsel to Nigerian Army Biola Oyebanji that the GOC will not be available till on the 21st of April, the commission therefore fixed the 25th April as the date for the senior Army officer to appear before it.

    In the meantime, Thursday’s Public Hearing featured the testimony of the military officer who oversaw the cordon and search operation by the Nigeria Army at Dembo which is the site of the Shi’ite temple in Zaria.

    Col. Mohammed Babayo told the commission that he was assaulted by members of the Islamic Movement on Sunday the 13th December, 2015.

    Three other witnesses, residents of Gyellesu, whose properties were destroyed in the course of the Zaria clashes, also gave their testimonies at the commission’s sitting yesterday.

  • Zaria Clash: El-Zakzaky drags FG, Army, others to Court 

    Zaria Clash: El-Zakzaky drags FG, Army, others to Court 

    The leader of the Islamic Movement in Nigeria (IMN), popularly known as the Shi’ite sect, Sheikh Ibraheem Zakzaky who is still under custody dragged the Nigerian Army, the Chief of Army Staff (COAS) and others to the Federal High Court, demanding for N3bn as general damages.

    Others dragged sued alongside the Army and its chief are Director General State Security Services (SSS), Inspector General of Police (IGP) and the Attorney General of the Federation (AGF) to court as 1st-5th respondents.

    In the suit with No FHC/ABJ/CS/247/16 the IMN leader through his counsels, Femi Falana SAN, Festus Okoye Esq, Maxwell Kyon Esq among others is seeking the enforcement of his fundamental rights to life, personal liberty, freedom of movement, dignity of the human person and right to private and family life.

    A copy of the suit made available to newsmen in Kaduna Wednesday at a press briefing read that, the applicant is also seeking an order of the court to compel the respondents jointly and severally to pay to their client the sum of three billion naira as general damages for the illegal violation of his fundamental rights to life, dignity of his person, fair hearing, privacy and private property.

    The applicant is seeking a declaration that the violent invasion of his private residence at No 1 Wali road, Gyallessu, Zaria in Kaduna State December 14, 2015 is a fragrant violation of his fundamental rights to privacy and private property as guaranteed‎ by the constitution.

    • A declaration that shooting of the applicant by armed soldiers who are members of the 1st respondent on Sunday, December 14, 2015 at his residence is illegal and unconstitutional.
    • A declaration that the cruel, inhuman and degrading treatment meted to the applicant by armed soldiers who are members of the 1st respondent is a fragrant vuolation of his foundamental right to dignity of human person as guarantted by the constitution.
    • A declaration that the extra judicial killing of ‎the appicants three children namely: Hameed Ibrahim (18), Ali Haidar Ibraheem (16), and Humaid Ibraheem (14) by armed soldiers who are agents of the 1st respondent at his residence in Gyallesu, the Hussainiya Baqiyyatulah and several other members of the IMN as on 14, 2015 is illegal and unconstitutional as it violates the foundamental right of the deceased to life.
    • A declaration that the arrest of the applicant without warrant i$gn his house at Zaria by armed soldiers who are agents of the 1st respondent on 14, December, 2015 is a fragrant violation of his fundamental rights to privacy and private property.
    • A declaration that the detention of the applicant at Kaduna and Abuja by the 2nd and 3rd respondents wihout access to mebers of his family and the IMN since December 14th 2015 till date is illegal and unconstitutional.
    • A declaration that the continued detention of the applicant from the 14th day of December 2015 till date without charging him to court of law is illegal and unconstitutional as it violate his fundamental right to fair hearing‎ as enshrined in the constitution.

    The counsels are also seeking an order of the court directing the immediate and unconditional release of the applicant from the custody of the second and third respondent.

    The counsel also sought an order of the court restraining the respondent from further arresting and or detaining and or harassing the applicant in any manner whatsoever and howsoever without lawful justification.

    Addressing newsmen on behalf of the Counsels, Festus Okoye stressed that, “The continued detention of the Islamic leader from 14th day of December, 2015 till date without charging him to court before a properly constituted court of law is illegal and unconstitutional as it violates his fundamental human rights to fair hearing as enshrined in section 36 (5) of the constitution of the Federal Republic of Nigeria, 1999 (as amended) and article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) laws of the federation of Nigeria 2004.

    “That the arrest of the leader of the movement on 14th day of December, 2015 and his detention till date without access to his medical doctor is unconstitutional as it violates his fundamental rights to personal liberty and health as enshrined in section 35 of the constitution of Federal Republic of Nigeria, (as amended) and articles 6 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the federation of Nigeria, 2004.”

    He expressed dismay with the extra judicial killing of the leader’s three children and hundreds of other members of the movement by the armed soldiers, adding that the arrest of El-Zakzaky without warrant in his home at No. 1 Wali road, Gyallesu, Zaria by armed soldiers was a flagrant violation of his fundamental rights to privacy and private property guaranteed by section 35 (1) (4) (6) of the constitution of Nigeria.

    Speaking on the Judicial Commission of Inquiry set up by the Kaduna State government, he said, the leader of the Islamic movement of Nigeria expressed his reservations about the movement putting his appearance before the commission of inquiry particularly considering the composition of the commission and the fact that the Nigerian Army is a federal institution that is not subject to the control of the Kaduna State government and its agencies.

    “During our conference with the leader of the Islamic movement of Nigeria, we notified him of the fact that the Kaduna State government has set up a judicial commission of inquiry to look into the remote and immediate causes of the Army/Shiite clash and also of the fact that scores of members of the movement lost their lives during the clash while over 200 of them are in prison custody on allegations of attempted murder of the Chief of Army Staff.

    “He instructed us to challenge the composition of the commission and its impartiality in court and also instructed that we file an application to enforce his fundamental rights which we agreed has been and are still being infringed upon by his continued detention without trial and without his having been informed of the basis upon which he was being detained.

    “On the 12th day of April 2016, we filed 2 originating motions before the Federal High Court sitting in Abuja on behalf of the leader of the Islamic Movement and his wife, Zeenat. Joined in the said originating summons are the Nigerian Army, the Chief of Army Staff, the department of State Services, the Inspector General of Police and the Attorney General of the Federation seeking identical reliefs for both applicants,” he observed.

     

     

  • Zaria clash: Shi’ites withdraw from judicial panel of inquiry 

    Zaria clash: Shi’ites withdraw from judicial panel of inquiry 

    Members of the Islamic Movement in Nigeria (IMN), the Shi’ites,  Tuesday announced its withdrawal from the Judicial Commission of Inquiry, even as the Commission sits Wednesday after several adjournments to investigate the December 2015 Zaria  clash between the Shi’ites, and the Nigerian Army.

    Chairman of the Commission, Justice Muhammadu Lawal Garba had last Monday adjourned till Wednesday to enable the Shiites have access to their leader, Sheikh Ibraheem El-Zakzaky.

    However, addressing the press Tuesday, legal team of the movement, led by Mr. Festus Okoye, said since they could not get access to the Shiites leader after several adjournments, they have no option than to withdraw completely from appearing before the commission, as they cannot file memorandum without hearing from Zakzaky.

    Okoye said, “The legal team has resolved that in the light of the realities of lack of access,  briefing and representation for the Movement, the most honourable thing to do is to withdraw completely from appearance before the Commission in whatever form and manner and to cease any form of representation in whatever form or manner for the Movement.

    “The legal team thought it could lend its support to the Movement to tell the Nigerian public and the international community its own version of the events of the 12th to 14th of December 2015 but all efforts aimed at getting proper briefing from the leader of the Islamic Movement in Nigeria met a brick wall.

    “The legal team of the Islamic Movement in Nigeria will not be used and will not allow itself to be used to legitimize a predetermined position and agenda against the leader of the Islamic Movement in Nigeria and the Islamic Movement in Nigeria.

    “The Islamic Movement in Nigeria believes that the Nigerian people are entitled to know the truth of what happened in Zaria and Kaduna and will explore alternative means and avenues of letting the Nigerian people know the truth of what happened,” he said.

    Corroborating Okoye’s position, the daughter of the Islamic Movement in Nigeria leader, Suhaila Ibrahim El-Zakzaky recounted her ordeal of what she described as the bloody invasion of their home by men of the Nigerian Army.

    She said they were observing the early morning prayers when they gain entrance and raid the house.

    According to her, “We were at home when the attacks on the Hussainniya started. It was around 10pm at night, we heard gunshots from afar. It turned out that the military were there. They were shooting at people and advancing towards the house. We spent our night with shooting going on.

    “It was morning when a lot of people were performing their early morning prayers, they got the opportunity to come close to the house and that was when they eventually gain entrance to house. They killed as much people as they found. They burnt some alive. We were in the house but in the part that was not burnt down but I think they assumed that everybody was burnt. So they didn’t search. We spent the night like that.

    “In the morning, I think they came to search the house to see what is there. I myself, my parents, my brothers and some other members of the movement were there when they discovered where we were hiding. They randomly shot at us for few seconds or mother. When it finally stopped, that was when we realized that my father and mother have been shot. And my three brothers have been shot dead and other people they were with. They took us away one by one. We were beaten up and taking away in trucks to the Army depot in Zaria. Since then we lost contact till date. We were detained for four days,” she narrated.

     

  • Ban El-Zakzaky’s sect, Zaria residents beg FG

    Ban El-Zakzaky’s sect, Zaria residents beg FG

    Some residents of Zaria, Kaduna State, and neighbours of the leader of the Shi’ite sect, Sheik Ibraheem El-Zakzaky, yesterday launched a campaign to get the group banned.

    Citing alleged hardship caused them by members of the sect over the last 20 years, the Zaria residents said they have had enough.

    Their spokesperson,  Alhaji Idris Mohammed Baba, told reporters in Kaduna that Shi’ite members routinely hold  people in Zaria and Sabon Gari local government areas of the state hostage  and tend to run  a parallel government in the country.

    They claimed that last May, the sect declared 24 youths persona non grata for challenging their activities in Gyellesu community where Zakzaky resides.

    According to him, “My experience with Shiite followers is disastrous and terrible. At a point Shi’ite boys threatened to kill me. We are happy over the military action against Shi’ites movement in Zaria because we have fresh air now blowing in our areas.”

    He added, “As a community, we wrote letters to the government  about the  activities of Shi’ites but no single action was taken. We no longer report Shi’ites to police because they will never honour police or security invitation.

    “These Shi’ites are an authority unto themselves; they don’t respect the authorities, the  security agencies and so on.

    “We are Muslims but we discovered that   Shi’ites activities are contrary to Islam. They carry dangerous weapons and openly molest innocent people in our areas. Human rights groups should also look into our pains by the   sect members.”

    Also speaking, another resident, Alhaji Saidu Garba, said  the activities of  the sect have crippled the once booming economy of the area.

    He said: “After  El-Zakzaky was released from detention in 1999,he came and settled in Gyallesu. Since then there is no peace in our area. We thank Allah for touching the heart of government and the military for liberating us from Shi’ites untold hardship.”

  • Zaria clash: Police release 83 detainees

    Zaria clash: Police release 83 detainees

    Some 83 persons comprising 34 children and 49 women that were arrested and detained during the Zaria clash between the Nigerian Army and the Shi’ite movement have been released by Police in Kaduna.

    A yet unclear number of Shi’ite sect members were killed and hundreds more injured in at least two of the sect’s worship sites, witnesses and a hospital source have said.

    About 191 suspects were held for varying offences, including obstruction of highways, possession of weapons and attacking security agents.

    The suspects were arrested pending the conclusion of ongoing investigations which might lead to charges being filed at the State High Court or the Federal High court.

    According to statement by Special Assistant on Media to Governor Nasir El-Rufai, Samuel Aruwan, the State Security Council, resolved to ensure adequate security measures would be put in place across the state ahead of Maulud, Christmas and New Year festivities in the State to guide against any likely breach of peace.

    Aruwan said citizens were also advised to be law-abiding and report to security agencies, traditional and religious leaders and the government any threat to peace and stability of the state.