The Attorney-General
& Commissioner for Justice,
Ministry of Justice, Kaduna,
Kaduna State.
& Commissioner for Justice,
Ministry of Justice, Kaduna,
Kaduna State.
Dear Honourable Attorney-General,
DEMAND FOR THE IMMEDIATE PROSECUTION OF THE
MILITARY OFFICERS AND ARMED SOLDIERS WHO ENGAGED IN THE BRUTAL MASSACRE
OF 347 CITIZENS IN ZARIA, KADUNA STATE FROM DECEMBER 12-14, 2015
We are solicitors to the Islamic Movement in Nigeria headed
by Sheik Ibraheem Zakzaky who has been detained without trial for
about 8 months by the State Security Service in Abuja.
In your interview published in Thisday Newspaper of May 17,
2016 you spoke on the violent attack unleashed on the members of the
Islamic Movement in Nigeria by the Nigerian Army last December. In
particular, you said that “… our response was swift which was shown by
the numerous arrests made.”
Having limited the “numerous arrests” to the surviving
victims of the violent attack who have since been charged with
conspiracy and culpable homicide we hereby request you to use your good
offices to ensure that the criminal elements who killed 347 unarmed
civilians including women and children and buried their dead bodies are
arrested and arraigned in court without any further delay. To facilitate
the prosecution we wish to furnish you with the following facts:
(1) In exercise of their fundamental rights of freedom
of assembly and expression the members of the Islamic Movement in
Nigeria (IMN) staged a peaceful rally in Zaria, Kaduna state on July 25,
2014 in solidarity with the Palestinian people. In spite of the
peaceful nature of the solidarity rally a band of armed soldiers opened
fire on the protesters. Out of the 34 people who were killed in the
unprovoked attack 3 were sons of Sheik Zakzaky.
(2) The Federal Government was embarrassed by the
unlawful killing of the 34 members of the IMN by the army. In the
circumstances, the National Human Rights Commission expressed condolence
and tendered a public apology to the bereaved families on behalf of the
federal government. But despite the official apology, the Kaduna state
government did not prosecute the suspects who perpetrated the unlawful
killing. At the material time, Mr. Nasir El Rufai publicly condemned the
brutal killing and paid a condolence visit to the IMN leader in his
residence.
(3) On December 12, 2015, platoons of the Nigerian
army unleashed mayhem on the members of the IMN on the ground that they
had plotted to assassinate the Chief of Army Staff, General Tukur
Buratai Staff. The spurious allegation was not reported to the Police.
Equally not brought to the attention of the Police was the allegation
that the IMN had blocked a road in Zaria which affected the convoy of
the Chief of Army Staff.
(4) Instead of reporting the alleged infractions of
the law to the Police, the Chief of Army Staff decided to take the law
into his hands by commanding armed troops to open fire on the unarmed
civilians in utter violation of sections 33 and 217 of the
Constitution, Rules of Engagement for the Nigerian Military and the
Geneva Convention.
(5) The violent attack continued for two days. Though,
the leader of the IMN was not present at the praying ground, the army
invaded his house on December 14, 2014. He and members of his family
including his wife and children were shot at close range. During the
unprovoked attack, 3 of his children were killed in his presence while
grenades were hauled at his house which was subsequently set ablaze by
the rampaging soldiers.
(6) On December 15, 2015, 347 people who were killed
in the attack were secretly buried in a mass grave in Mando, Kaduna
state by the army with the connivance of the Kaduna state government.
Before the mass burial, the Kaduna state government did not deem it fit
to conduct any autopsy or DNA tests on the bodies.
(7) On the 23rd of December, 2015 officials of the
Kaduna State Urban Protection Development Authority (KASUPDA) under the
supervision of military authorities demolished the following properties
of the IMN: graves of deceased members of the sect at Darur Rahma
cemetery, situate 10 miles outside of Zaria; the movement’s newly
acquired property adjacent to the Husainiya, a former NTC building; the
Fudiyya Islamic Centre; and the family house of Zakzaky at Jushi
quarters of Tudunwada ward where his mother was interned.
(8) On January 29, 2016, Governor El Rufai proceeded
to set up a judicial commission of inquiry to investigate the crisis and
make recommendations to the government. The members of the commission
were drawn from the army, the police, the State Security Service and
some individuals including those who had, through public statements and
writings, called for the proscription of the IMN.
(9) Although, section 36 (1) of the Constitution
stipulates that a court or tribunal shall be constituted in a manner
that its independence and impartiality shall be guaranteed, the Kaduna
state government ignored the demand of the human rights community that
the commission be reconstituted by removing the members who have always
nursed animosity towards the IMN.
(10) Notwithstanding the fact that the commission had
invited Sheik Zakzaky to testify on behalf of the IMN, he was prevented
from doing so by the State Security Service which has held him in
custody since December 14, 2015. Thus, the Commission was only permitted
to take evidence from the aggressors and others who have axe to grind
with the IMN.
(11) Upon realizing that its findings and
recommendations might not enjoy credibility having not been allowed to
observe the elementary rule of audi alteram partem, the commission made
frantic efforts to persuade the legal team of the IMN to participate in
the proceedings. We were unable to accede to the request of the
commission since it was unable to direct the authorities to release our
clients from custody to tell their own side of the story.
(12) Out of sheer contempt for the judicial commission,
the Kaduna state Government has filed charges of conspiracy and
culpable homicide against over 250 members of the IMN at the Kaduna
state high court. The suspects who are alleged to have caused the death
of one Corporal Yakubu Dankaduna during the military invasion are
languishing in prison custody while awaiting the legal advice of the
Kaduna state Director of Public Prosecution.
(13) Although the Secretary to the Kaduna State
Government, Alhaji Lawal Balarabe Abbas has since confirmed the gruesome
massacre of the 347 people by the army, you have refused to prosecute
the criminal elements who perpetrated the crime and proceeded to bury
their dead bodies in a mass grave in a country which loudly proclaims to
operate under the rule of law.
In the light of the foregoing we have the instructions of
our clients to request you to prosecute the members of the Nigerian Army
who took the law into their hands by unleashing mayhem on unarmed
civilians in Zaria, Kaduna state from December 12-14, 2015.
Specifically, you are requested to charge the suspects with conspiracy,
willful damage to property, arson and culpable homicide not later than July 31, 2016.
TAKE NOTICE if you fail to accede to our clients’ demand
we shall not hesitate to apply to the High Court of Kaduna State for an
order of mandamus to compel you to discharge your constitutional duty by
charging the indicted culprits to court in line with your oath of
office to “do right to all manners of people according to law, without
fear or favour, affection or ill-will…”
Yours Sincerely,
Femi Falana Esq, SAN, FCI Arb.
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