main report vol.1[1]jos cris
TRANSCRIPT
CHAPTER ONE
1.0 Introduction
The relative peace and tranquil setting had been the bastion
of the city of Jos in Plateau State “Home of Peace and Tourism”
and had been enjoyed by all Nigerians and foreigners from past
memory. However, in recent years that attraction is being
gradually eroded by numerous events of violence with discernible
economic, ethnic, political and sectarian undertones.
The Unrest of 28th November 2008, was another instance of
those violent acts. Newspaper and press reports ran riot with their
various accounts of what had occurred supported with alleged
figures of casualties and the huge extent of losses of properties.
Grievances that had apparently been built up over time and appeal
to religious sentiments were used by both sides to manipulate
popular emotions and eventually to inflame the situation to a level
where it could no longer be controlled. Christians and Muslims,
indigenes and non-indigenes became both perpetrators and
victims. The immediate responses to the violence included the
deployment of detachments of the Mobile Police force (Mopol) and
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subsequently, the soldiers of the Nigerian Army to maintain Law
and order and the imposition of a curfew.
Following the restoration of relative order on the 30th of
November 2009, the State began to pick up its pieces in Jos
North. There were several high powered visits to the city under
numerous political and governmental guises. These became the
subject of much disaffection as it was alleged that partisan lines
were drawn. This was particularly so in the case of the Federal
Government, the State Government and the National Assembly, all
seemingly pitched against each other in their individual and
numerous attempts at ensuring the return of normalcy in the
immediate aftermath of the violence, in providing relief materials
and ascertaining the cause of the Unrest.
Besides this Commission, several Panels of inquiry and/or
investigation were set up:
i) The two arms of the National Assembly set up Ad-hoc Committees to look into the Jos crisis of November, 2008,
ii) The Federal Government set up the General Abisoye Panel of Investigation on the Jos crisis,
iii) The State House of Assembly set up a Committee to look into the details of the November, 28th crisis.
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There was a resulting overlap in terms of reference and
functions coupled with arguments being traded on which institution
was vested with jurisdiction on investigative functions and the
scope of such jurisdiction. Of particular note was a cause of action
instituted by the Plateau State Government against the Federal
Government in the case of Plateau State Vs Federal Government
of Nigeria, The Attorney General of the Federation.
1.1 Plateau State v. President of the Federal Republic of Nigeria and Attorney General of the Federation in Suit No: SC 331/2008.
The Plateau State Governor Jonah David Jang instituted an
action against the Federal Government in the Supreme Court for
setting up a panel of Inquiry to probe the November 28th riot that
rocked Plateau State over the Local Government Election in Jos
North.
President Umaru Yar’adua had set up an administrative panel of
Inquiry to probe the crisis. He appointed Major General Emmanuel
Abisoye (Rtd.) as Chairman of the Panel and other members
comprising of Mr. Festus Okoye, Ambassador G.D. Preware and
Ambassador Fati Sa’ad, while Alhaji Shafi’l was appointed as the
Secretary. The terms of reference of the President established
Panel was inter alia to look into the causes of the crisis, identify
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those responsible for the crisis and make recommendations on
how to avert a re-occurrence.
The action was instituted on behalf of the State, wherein
Governor Jang invoked the original jurisdiction of the Supreme
Court over questions of law between the Federal and the State
Government.
The Originating summons prayed for the following;
1. That the Supreme Court should declare that President Umaru Yar’adua has no power under the Constitution or Tribunal of Inquiry Act 1966, now to be found in Cap T21 Laws of the Federation of Nigeria) to constitute a Tribunal of Inquiry or appoint any person or group of persons by whatever name to inquire into the civil unrest that occurred in Jos.
2. A declaration of the Supreme Court that the power to constitute a Tribunal of Inquiry into the civil unrest which occurred in Plateau State in November is a residual matter in respect of which only the State’s House of Assembly is competent to make laws vide Section 4(7) of the 1999 Constitution.
3. The grant of an injunction restraining the Federal Government from setting up a tribunal to inquire into the Jos Crisis.
4. An injunction restraining the Federal Government and its agents from directing any one or body of persons from sitting or continuing to sit as a tribunal purporting to be acting under the Tribunal of Inquiry Act to inquire into the civil unrest that occurred in Jos.
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Pending the hearing of the Originating Summons by the
Supreme Court a Motion on Notice was filed seeking the following;
a) An order preserving the res in the case by an order of interlocutory injunction restraining the Federal Government and its agents from further taking any steps capable of giving effect to the announcement by the secretary to the Federal Government, Alhaji Yayale Ahmed, that the Commission of Inquiry into the Jos Crisis had been set up.
b) The order of court stopping the Federal Government from accepting the report of the recommendation of the Commission and that if the recommendation had been accepted, the Supreme Court should stop the Federal Government from acting on them.
The argument centred on a Supreme Court’s judgment
delivered on January the 31st 2003 to the effect that the 1999
Constitution made no provision for Tribunals of Inquiry as did
the 1963 Constitution in item 39 on the Exclusive legislative list
and item 25 on the Concurrent legislative list. Therefore, the
power to make a general law for the establishment and
regulations of Tribunals of Inquiry in the form of the Tribunals of
Inquiry Act 1966 is now a residual power under the 1999
Constitution belonging to the states. The Judgment was
delivered in an appeal involving Chief Gani Fawehinmi, Justice
Chukwudifu Oputa and Human Right Violation Investigation
Commission (HRVIC) (as appellants) against General Ibrahim
Babangida, Brigadier General Togun and Brigadier General
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Akilu (as respondents). The suit dealt with the summoning of
the Respondents before the HRVIC to testify in relation to the
murder of Mr. Dele Giwa and the challenge of the legality of the
HRVIC by the respondents.
The case was in the first instance before the Federal High
Court before going on appeal to the Court of Appeal and final
appeal to the Supreme Court. The Supreme Court ruled that
Human Right Violation Investigation Commission (HRVIC), a.k.a.
Oputa Panel has no power to summon witnesses outside the
Federal Capital Territory. In the Judgment delivered by Justice
Samson Uwaifo with the Assent of the Chief Justice of Nigeria,
Justice Uwais and Justices Belgore, Kutigi, Ogundare, Onu and
Iguh, the court held that the 1999 Constitution made no provisions
for Tribunals of Inquiry to issue summons against witnesses.
Justice Uwaifo stated further that unlike the 1963 Constitution
which made that Provision in Item 39 of the Exclusive List and
Item 25 of the Concurrent List, the 1999 Constitution is devoid of
such provision stressing that “It follows that, the power to make a
general law for the establishment and regulation of Tribunals of
Inquiry in the form of the Tribunals of Inquiry Act is now a residual
power under the 1999 Constitution given to the States”
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Therefore on the 15th day of January 2008, the Commission of
Inquiry into the Unrest of 28th November 2008 in Jos North Local
Government area of Plateau State was inaugurated by the Plateau
State Government.
1.2 Inauguration
The Commission was inaugurated on Thursday the 15th of
January 2009 by the Governor of Plateau State, Da Jonah David
Jang at the Government House, Rayfield, Jos. In his address, the
Governor decried the monumental loss of lives and property during
the Unrest. He declared that the Plateau State Government was
not against the Panels of investigation set up by the President and
the National Assembly, but there was a need to respect the rule of
law and operate within the confines of the Constitution. He
assured the people of Plateau State and Nigerians that this Report
will be implemented and those found guilty dealt with according to
the laws of the land. He expressed the wish of the Plateau people
that this shall be the last of these violent eruptions.
His Excellency Judge Bola Ajibola, SAN, CFR, in response to
the speech of Governor Jonah David Jang, with regret, the history
of civil unrests in Jos which are of similar nature, starting with the
one of the 12th of April 1994, a crisis that “subsequently erupted on
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an unprecedented scale”. Although certain measures were said to
have been taken then, including the appointment of a caretaker
Chairman of Jos North in the person of Alhaji Aminu Mato, it was
stated that there were still quiet disaffections and tensions which
spread unabated until it erupted into another communal clash in
Jos on the 7th of September, 2001 and another crisis in 2002 which
was not limited to Jos but spread across the entire Plateau State.
The Chairman recognized that the Governor, Jonah Jang, had
charged the Commission to carry out their assignment with quick
dispatch but ensuring that no stone is left unturned and on the
premise that members of the Commission have solemnly promised
to serve the people of Plateau state and Nigeria conscientiously,
diligently, honestly and judiciously to the best of their ability
ensuring peace and stability. The Chairman further cautioned that
there shall be no room for partiality and improper sentiments in the
conduct of the inquiry, and that the inquiry shall be conducted with
honesty, justice and truth as the watch dog of the Commission.
The Chairman on behalf of other members of the Commission
extended entreaties to all agencies and functionaries of the
Government, particularly those of the Federal Government which
has shown its own resolve on this matter, therefore the
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Commission welcomes wholeheartedly their contribution and
support.
1.3 Constitution of the Commission
The Commission was constituted as follows;
i)His Excellency Justice Bola Ajibola(SAN),KBE,CFR- Chairmanii) Professor M.T. Yahya - Memberiii) Barrister (Mrs.) Virginia Abang - Member iv) Barrister Daniel Gopep - Memberv) Mr. Sale Fale - Membervi) Chief D.G. Fompun - Secretary
The Instrument constituting the Commission of Inquiry
provided for a Secretary of the Commission who was Mr. D G
Fompun. The instrument constituting the Commission of Inquiry
provided that, lead and other counsel to the Commission were to
be appointed by the Honourable Attorney General and
Commissioner for Justice, Plateau State.
1.4 Terms of reference
In the exercise of the powers conferred by section 2 of the
Commission of Inquiry Law (Cap 25) Laws of Northern Nigeria,
1963 applicable in Plateau State and all other powers enabling him
in that behalf, His Excellency, Jonah David Jang, Executive
Governor of Plateau State, constituted a Judicial Commission of
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Inquiry to look into the Jos civil disturbances (hereinafter referred
to as “the Commission”) with the following terms of reference:
i. Establish the Remote and Immediate Causes of the November 2008 Jos unrest.
ii. Identify individuals, groups of persons and institutions
directly or indirectly responsible for the unrest and their roles in precipitating the unrest and recommend appropriate sanctions;
iii. Ascertain the extent of loss of lives and damage to property;
iv. Recommend ways of avoiding the re occurrence of such unrest in future, and
v. Make any other recommendations incidental to the Commission’s terms of reference.
1.5 Functions of the Commission
The Instrument constituting the Commission of Inquiry provided
to the effect that the Chairman and members of the Commission
were to function within powers conferred upon them by Section 7
of the Commission of Inquiry Law (Cap 25), Laws of Northern
Nigeria 1963, which states:
The Commissioner shall have the following powers:
a) to procure all such evidence, written or oral, and to examine all such persons as witnesses as the commissioners may think it necessary or desirable to procure or examine;
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b) to require the evidence (whether written or oral) of any witness to be made on oath or declaration, such oath or declaration to be that which could be required of the witness if he were giving evidence in a magistrate’s court;
c) to summon any person in Nigeria to attend any meeting of the commissioners to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions;
d) to issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails to do so, and does not excuse such failure to the satisfaction of the commissioners, and to order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his refusal to obey the summons, and also to fine such person a sum not exceeding five pounds, such fine to be recoverable in the same manner as a fine imposed by a magistrate’s court except that failure to pay such fine shall not warrant an order directing imprisonment;
e) to admit any evidence, whether written or oral, which might be inadmissible in civil or criminal proceedings;
f) to admit or exclude the public or any member of the public from any meeting of the commissioners;
g) to admit or exclude the press from any meeting of the commissioners,
h) to award any person who has attended any meeting of the commissioners, including any interpreter appointed under section 9 of this Law, such sum or sums as in the opinion of the commissioners may have been reasonably expended by him by reason of such attendance;
i) to enter upon any land, whether state land, native lands, lands at the disposal of any native authority, land occupied by any native or native community or unoccupied lands for the purpose of obtaining evidence or information required by, or which may be required by, or which may be of assistance to the commissioners.
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Provided that the Commissioners shall withhold the exercise of
any power under this section if the President or a Governor of a
Region shall certify to them that the exercise of such a power
would in his opinion encroach unduly upon the territorial or other
jurisdiction of the Government of the Federation or of such Region.
1.6 Mode and procedure of Inquiry
In carrying out its functions, the Commission was to adopt the
following procedures:
i) Make a full, faithful and impartial enquiry into the unrest that occurred in Jos on 28th of November 2008;
ii) Report in writing the result of the enquiry
iii) The inquiry shall be conducted in public and the Commission shall have the power to exclude the public or any member of the public if it deemed necessary;
iv) The Commission shall have power to regulate its own proceeding;
v) The Quorum of the Commission shall be constituted with the Chairman and two (2) other members.
1.7 Appearance of Counsel
In line with Constitutional provisions of the right to fair
hearing and as was provided in the Commission of Inquiry Law,
Cap 25, Laws of Northern Nigeria, 1963, the established practice
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of the Commission was that any person whose conduct is the
subject of enquiry by the Commission or who is in any way
implicated or concerned in the matter under investigation by the
Commission is entitled to be represented by a Counsel.
Any other person or group of persons who consider it desirable
that they should be represented by counsel may be allowed by the
Commission to be so represented.
1.8 Counsel to the Commission
Government appointed the following persons to act as counsel to
the Commission:
i. Charles Obishai Esq., - Lead Counselii. Paul Agbo Esq., - Counseliii. Pascal Mammoh Esq., - Counseliv. Jim Gottom Esq., - Counselv. Binchan Janitor Esq., - Counsel
1.9 The seat of the Commission
The Commission of Inquiry Law, Cap 25, Laws of Northern
Nigeria, as applicable in Plateau State, provides that the seat of
the Commission shall be in Jos, Plateau State, but that its
meetings could be convened at any venue in Nigeria as may be
deemed appropriate by the Chairman.
The sitting of the Commission was held at the Azi Nyako Youth
Centre, Dadin Kowa, Jos, Plateau State.
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1.10 Submission of the Report
In line with the provisions of the Commission of Inquiry Law,
Cap 25, Laws of Northern Nigeria, 1963, as applicable to Plateau
State, the Commission was obligated to submit its Report to the
Governor in writing within six (6) Months from the date of its first
sitting after being sworn in by the Governor and in the case of a
need for any extension of time the Governor had the power to
grant such extension. On 3rd July 2009, the Commission requested
for an extension of time within which to conclude its mandate. The
extension was granted and the Commission was given an
additional three months, granting it up till the 31st day of October
2009 to submit its final Report. The Commission submitted its
Report on Tuesday 27th October, 2009.
1.11 Call for memoranda
The Chairman invited members of the public and concerned
parties to submit memoranda or Petition (ten copies each) on or
before, but not later than the 16th of February 2009 to the
Secretary to the Commission, Chief D.G. Fompun at the Azi Nyako
Youth Centre Yakubu Gowon Way, Dadin Kowa, Jos. Telephone
Number; 08056401066 and 08037019041
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1.12 Methodology
The Methodology adopted by the Commission was to conduct
the hearings in public in line with the Instrument constituting it. To
this end, there were invitations to the members of the public calling
for memoranda and asking them to provide information and
evidence along the lines of the Terms of Reference given to the
Commission and each Memorandum was to be submitted in 10
copies. Adverts were placed in the newspapers and radio
announcements and television adverts were run continuously and
simultaneously.
The sittings of the Commission were heard in public.
1.13 Chairman’s opening remarks
After the official inauguration by the Plateau State Governor
on the 15th of January, 2009 and the subsequent meetings on
procedure held on the 25th – 26th of January in Abeokuta, the
Commission held its inaugural public sitting on Friday 20th
February 2009 at the Azi Nyako Youth Centre, Dadin Kowa, Jos.
The occasion was opened with the Chairman’s opening remarks
wherein he explained the need for the Commission to invite stake
holders and concerned persons within and outside Jos North Local
Government to file in their petitions and memoranda and
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confirmed having received a large bundle of documents as of that
date and at that date 161 memoranda had been received.
The Chairman read out the Commission’s Rules of
Procedure and expressed the intention to have a preliminary
surveillance of the affected places in order to engender the
Commissions purpose and mission amongst its members and to
afford the opportunity to physically observe and evaluate the
destruction that occurred.
The Commission’s primary mission was stated as the quest
to seek the truth. The Chairman promised that the Commission
would be just and impartial, regardless of religious, ethnic or
political affiliations. He expressed that the wish of the Commission
and that of the entire leadership of Plateau State was to ensure
that these catastrophe would no longer be repeated.
Finally the Chairman expressed the view that a lot of effort
would need to be put into this exercise to ensure peace both in Jos
North, the city of Jos, Plateau State and the whole of Nigeria.
Peace in Nigeria will be merely illusory without peace in this region
and that the ambition of the Commission was to bring about a
report and recommendations that will make it safe for every one to
live in peace in Jos, Plateau State and the whole of Nigeria.
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1.14 Visit to locus in quo
The Chairman and members of the Commission in their
resolve to undertake a fact finding inspection tour of all the
affected areas of the crisis took a one day visit on the, 21st of
February 2009, to the following areas, Rikkos, Tina Junction,
Dogon Dutse, Congo Russia, Zololo Junction, Nassarawa, Bauchi
Ring Road, Bauchi Road, Kwararafa Area, Zaria Road, Katako, Ali
Kazaure, Rock Haven, Gada Biyu and Tudun Wada.
1.15 Press Conference
The Commission held a press conference on 7th March, 2009,
during which the Chairman of the Commission addressed the
Press on its activities. The Commission commended the Press on
their very good coverage and thereby educating the public on the
Commission’s mandate. The Commission confirmed that it
commenced public sitting on Friday the 20th February, 2009 and
that it had to that time received a total of 161 memoranda and had,
to the date of press conference listened to 11 witnesses:
The Chairman also stated:
i) That the Commission’s Lead Counsel applied for extension of time for a period of two (2) weeks so as to enable those who were unable to submit their petition before the initial deadline of February 16th 2009 (earlier closing date) to do so. The said application was granted and the Commission adjourned till 27th February 2009.
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ii) That after the two weeks extension, 43 additional memoranda were received making a total of 204 petitions and memoranda (at that time).
iii) That at the inception of its assignment, the Commission visited some of the places where the crisis occurred on the 21st of February, 2009 with a view to assessing the scope of the destruction during the Unrest.
iv) The Commission further informed the Press of the areas it visited,
v) That the witnesses who had submitted their petitions had dealt with the historical and introductory part of the crisis especially the remote and immediate causes,
vi) That from submissions brought before the Commission, the Commission considered it necessary to invite certain persons such as; the then Commissioner of Police, the then State Director of SSS, Alhaji Dasuki Nakande, Alhaji Samaila Mohammed, Aminu Baba, ANPP Chairmanship candidate, Surveyor General Plateau State, NYSC Director, the Chairman Okene Local Government Council and some other persons to appear before the Commission and to clarify some of the issues raised from the submissions of the witnesses to assist the Commission by giving much needed information in its fact finding aspect of its assignment. The Commission further pointed out that it is a Judicial Commission of Inquiry into the November 28th Crisis and not a litigation process dealing with plaintiffs and defendants nor a prosecution dealing with prosecutors and accused persons.
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The Commission further informed the press that the
Commission intended to carry out its work expeditiously in order to
cover a lot of grounds within one month of the press release.
1.16 Litigation against the Commission
Several litigations were instituted against the Plateau State
Government and the Commission contesting the creation of the
Commission and seeking to truncate its activities. The cases
instituted were:
i) Alhaji Sani Jibrin v. Plateau State Government in Suit No: FHC/J/CS/10/2009.
ii) Mallam Saidu Musa v. The Plateau State Government in Suit No: PLD/J20/2009.
iii) Sheikh Balarabe Dawud & 9 Ors. V. The Plateau State Government & 7 Ors. in Suit No: PLD/J326/2009.
iv) Alh. Ali Inuwa and 10 Ors. V. The Plateau State Government & 4 Ors. in Suit No: PLD/J243/2009.
v) Alh. Hassan Sa’eed (Sheikh) & 7 Ors. V. Prince Bola Ajibola & 8 Ors in Suit No: PLD/J242/09
These cases were vigorously defended by the Counsel to
the Commission and were of no obstacle to the continuation of the
Commissions work to its successful conclusion.
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1.17 Chairman’s closing remarks
The public sittings of the Commission after having received
221 memoranda, out of which 211 were orally presented, whilst
the Commission heard 213 witnesses, ended on Friday 7 August
2009, on which day the Chairman delivered his closing remarks.
To commence, a five-minute silence was observed in memory of
all the victims that were brutally killed. He thanked all the members
and staff of the Commission and also members of the public for
their support and regular attendance. The Chairman declared
finally that the Commission was set up to serve the interest and
protect the future of the people of Jos North and that of the entire
Plateau State. He prayed that peace should reign in the State and
the Country at large.
1.18 Terminology
The Commission made use of certain terminology
during the course of its work and within this Report. Particular
note is made of the term ‘Hausa/Fulani’. The Commission
recognise that the Hausa and Fulani are two distinctive ethnic
groups in Nigeria, but notes that the two have historical
antecedents that often pitch them together as one especially within
the context of Jos North. In subsequent chapters of this Report
therefore the expression ‘Hausa/Fulani’ is used to refer to the two
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tribes as one body that has a coincidence of common or joint
social, political and religious agenda.
It must be further clarified here that matters relating to the
Hausa/Fulani in this Report are with reference to Jos North Local
Government area only which is the area of immediate concern to
this Commission, but occasionally also to Plateau State alone, and
therefore not necessarily of general application to the entire Hausa
or Fulani people within Nigeria.
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Chapter Two
2.0 The immediate cause of the crisis
On Thursday 27th November, 2008, the Plateau State
Independent Electoral Commission (PLASIEC) conducted the
Local Government Polls in Plateau State. In its memorandum
JCI/J/86/2009 presented before the Commission by its Chairman
Mr. Gabriel D. Azi on the 25th February, 2009, PLASIEC described
the conduct of the elections as peaceful, free and fair. Reports
from three newspapers which the Commission annexed to its
memorandum also indicated that the election were peaceful, free
and fair. Daily Trust Newspaper of Friday 28th November, 2008 on
page 58 reported that;
“elections into the 17th Local Government Councils in Plateau State held peacefully across the state yesterday ---- some of the voters that spoke to Daily Trust expressed satisfaction with the conduct of the election and appealed to the aspirants to imbibe the spirit of sportsmanship”.
The Leadership Newspaper of Friday November, 28 on page
4 reported thus;
“Local Government elections were conducted peacefully amidst tight security in the 17th Local Government in the State to forestall any break down of law and order so as to
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have a free and fair election that will be acceptable to all political parties in the State”.
This Day Newspapers of 28th November, 2008 on page 9
stated as follows:
“Plateau State Independent Electoral Commission (PLASIEC) has received commendations from Government and well-meaning citizens of the State for peaceful, free and fair Council elections”.
This reflects a summary of the view of the Police. According
to C.P Samson V. Wudah, the Plateau State Commissioner of
Police at the time of the election, on 27th November, 2008, the
exercise was generally peaceful, free and fair. This statement can
be found at page 5 of his response submitted to the Commission
of Inquiry. The response of C.P Samson V. Wudah tendered
before the Commission is Exhibit JCI/J/2009/S.H.2.
From all the evidence placed before the Commission, there
is nothing contrary to the fact that the conduct of the election was
peaceful, free and fair. However, crisis broke out in Jos North in
the early hours of 28th November, 2008. C.P Samson V. Wudah in
his response at page 5 said that the crisis that erupted in Jos
North Local Government at the end of a peaceful, free and fair
election throughout the State came as a surprise to the electorate
as well as the Police.
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How then did the crisis begin and who started it? According
to C.P Samson Wudah,
“as early as between 0230 – 0330 hours of 28th
November, 2008, information filtered to the Police that some Muslim youths were holding noctural meetings at Muslim dominated areas and soon thereafter there were reports of people shouting “Allahu-Akbar” along Ali Kazaure Street and other Muslim dominated areas in Jos North”.
The Muslim youths, C.P Samson Wudah continued,
mounted road blocks in some places and at about 0500 to 0530
hours attempted an incursion into the collation centre which was
repelled by the Police and thereafter the burning of churches,
houses, maiming and killing of non-Muslims in some Hausa/Fulani
Muslim dominated areas of Laranto, Nassarawa Gwong and
Angwan Rogo began.
The evidence of the Police that the Unrest was sparked off
by the Hausa/Fulani Muslim youths from Ali Kazaure and some
Muslim dominated areas in Jos North was corroborated by the
evidence of PLASIEC and indeed several other witnesses who
presented memoranda before the Commission.
In its memorandum PLASIEC stated on page 4 as follows:
“While the results of the election were being collated in all the 17 Local Governments of the State, information reached
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the Commission’s Office through security reports that trouble had started around Ali Kazaure Street when the result of the election were not even announced. The information was that properties were being destroyed or burnt and fighting has ensured in various parts of Jos North”.
In memorandum JCI/J/140/2009 presented by residents of
Angwan Dalyop, a neighbourhood of Ali Kazaure Street, they
stated on page 3 – 6 of the memorandum as follows:
“Prior to the crises, the actual mobilization and manoeuvres of the Hausa Youths that culminated in the mayhem started around 2:00 am with a call to sallah using a public address system (at an unusual time). After the call the Imam made a clear declaration of war when he said ---- ‘Jama’a, wannan Jihadi ne, ku kashe maza, ku kashe mata, ku kashe tsofofi da yara, ku kone gidajen arne’ meaning people, this is a Jihad, kill men, kill women, kill the elderly and children. Go ahead and burn the houses of the infidels …
Shortly after the declaration there was a sudden violent rush of Hausa youths marching to and from the streets chanting “Allahu Akbar. This mass movement continued till day break when the actual destruction of houses, lives and other properties started. The crisis in Angwan Dalyop started about 6:00 am on that Friday 28th November, 2008. There was sudden pandemonion as residents were woken by the sudden mass movement of Hausa youths brandishing dangerous weapons such as cutlasses, swords, machetes, clubs, bows and arrows and later guns. Some of these youths were identified to be residents of Ali Kazaure area. We were also able to learn from one Ahmadu Ali Kazaure that most of the armed militants were from Gangare in Jos”.
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C.S.P Sale Adudu (Rtd.) was Commission witness 202.
According to the witness who gave evidence in memorandum
JCI/J/133/2009 presented by Bache Development Association on
the 30th July, 2009, he was an eye witness to what transpired at
the collation centre in Kabong. C.S.P Sale Adudu (Rtd.) stated in
his evidence as follows:
“So when the results were coming in, the Hausa/Fulani were leading with almost thirty something thousand, very close to be in favour of the result(sic). But later, the other results were coming from the indigenes. At about 11:00 p.m the results of the indigenes were almost fifty something thousand. Then some of them start shouting “the Arnas have won the election…… Hon. Nazifi raised an alarm using a telephone call and said “ku fito!, ku fito! Arna sun ci zabe! Meaning “come out! The infidels have won the election!. He said so more than ten times, ku fito, ku fito, ku fito! Ku fito an gama damu” meaning “come out, come out, come out, come out, we are finished, they have won”. It was after these phone calls that we witnessed people coming out, the next I could see was smoke every where…. They set COCIN Church, Sarkin Mangu on fire”
That was how the crisis was initiated. The Christians on
their part reacted to the violent upsurge by the Hausa/Fulani
Muslim youths. According to the Christians, they reacted in self
defence.
In the words of C.P Samson V. Wudah,
“there was predictably reactions from the Christians in places they are also in majority”.
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The evidence of Ngas Development Association in its
memorandum JCI/J/32/2009 stated at page 2 of the memorandum
thus:
“The mischief-makers planned it so that the crisis could assume a wider scale and dimension. Thus, after concluding their plan on the fateful day, they directed their hoodlums to churches as targets”. Furthermore, from their scene of carnage at Ali Kazaure, Christians became their victims as terror reigned supreme. It was in reaction to this that the crisis assumed a wider dimension as non-Muslims in the absence of security agents mobilized for self defence to wade off their attackers”.
In his own evidence, Commission witness 41, Brother
Emmanuel Nanle, who presented memorandum JCI/J/67/2009 on
behalf of Tekan Youth Fellowship stated as follows:
“Even in Christian dominated areas (where they had to react to the conflicts) Mosque and prayer spots were pulled down manually because it was not fully burnt but in Moslem dominated areas where these Churches were made to rout under intense heat”.
From this evidence and indeed the totality of the evidence
placed before this Commission, it becomes very clear that the
immediate cause of the November 28 crisis in Jos North was the
violent attack by the Hausa/Fulani Muslim youths on the people
and against the properties of the people they perceived as their
opponents. This violence started at Ali Kazaure spreading to other
27
Hausa/Fulani Muslim dominated areas in Jos North. Their
opponents too reacted in self defence and Jos North Local
Government was engulfed in a Unrest. There is no doubt at all
that the Hausa/Fulani Muslim youths started the Unrest but the
Christians too reacted in self defence and also attacked the
Hausa/Fulani Muslims.
The Hausa/Fulani Muslims in Jos North did not present their
own side of the story to the Commission. When the time to submit
memoranda elapsed on the 16th February, 2009, the Commission
extended the time to do so up till 16th March, 2009. However, the
Commission continued to grant extensions as new memoranda
came in for submission the course of its work and up till its last
month of its public sittings, but despite the extension, the
Hausa/Fulani Muslims in Jos North did not submit their
memoranda and failed to appear but wrote a letter dated 2nd
February, 2009 to the Secretary of the Commission indicating that
Muslims in Jos North will not appear before the Commission.
Some of them filed cases in various courts challenging the
competence of the Commission and seeking an order restraining it
from sitting but these cases did not yield that desired result. When
the names of some of the Hausa/Fulani Muslims were mentioned
28
and allegations were made against them by witnesses who
testified before the Commission and they were invited to come to
the Commission to respond to those allegations, they declined.
However, some Muslims responded to the call to submit
memoranda and submitted theirs. Some of those who submitted
and presented memoranda before the Commission are Alhaji
Garba Mohammed Jos, Barrister A.A. Ibrahim, Alhaji Umaru
Miango and Adamu Yusuf. Similarly, some of those whose names
were mentioned and allegations made against them by witnesses
who testified before the Commission also responded to the
Commission’s invitation to come before the Commission and
respond to allegations made against them. This include General
Ibrahim Babangida (Rtd.), Alhaji Yahaya Karaku, Chairman Okene
Local Government and Daily Trust Newspapers.
Though a substantial number of Muslims in Jos North did not
appear and present memoranda before the Commission, they
apparently attributed the November, 28 crisis to the November 27th
Local Government polls.
Alhaji Ibrahim Dasuki Nakande, a former Minister and
spokesman for the Hausa/Fulani Community in Jos in an interview
he granted to the Sunday Tribune of 11th January, 2009 tendered
29
as Exhibit JCI/J/149/2009/4 by Commission witness 13, John
Rwang in memorandum JCI/J/149/2009 stated that:
“the Hausa youths were simply demonstrating their displeasure over perceived ways and means being devised by the State Government that wanted to rig an election”.
We however think that the wanton destruction of lives and
properties that took place during the crisis cannot be justified by a
perceived attempt to rig an election. After all, the result of the
election had not been announced at the time the crisis broke out.
Even if the elections were rigged, there are constitutional ways of
seeking redress at the Electoral Tribunals.
PLASIEC in its presentation before the Commission stated
that the outcome of the Chairmanship election in the November 27
Local Government election for Jos North was not challenged
before the Local Government Election Petition Tribunal.
Unfortunately, this means that the aggrieved parties rather than
following the rule of law chose the path of lawlessness, mayhem,
destruction and jungle justice. More worrisome is the pattern of
the attack. Places of worship rather than party offices were the
targets of attack. Individuals were attacked based on their
religious leanings rather than political leanings. The whole crisis
took a religious dimension.
30
This notwithstanding, one cannot give a totally religious
colouration to the crisis because there were cases of Muslims who
were attacked by fellow Muslims. The Middle Belt Forum Plateau
State Chapter in its memorandum JCI/J/38/2009 presented before
the Commission stated on page 8 thus:
“Amazingly, many individuals, who were practicing Muslims, but not of Hausa/Fulani origin were also targeted for attack. For example, there are credible oral accounts which speak of some Yoruba – speaking residents of Nasarawa Gwong area of Jos (who are Muslims) being brutally attacked and molested. A few of them were even reported to have been killed”.
One cannot also give the Unrest an exclusive ethnic
interpretation because just as some Muslims were attacked by
their fellow Muslims, as in the case of Yoruba Muslims who were
not spared by the Hausa/Fulani Muslims, some of the indigenes
were attacked by their fellow indigenes such as the case of Alhaji
Umaru Chowhe Miango an indigene of Plateau State who was
attacked by his fellow indigenes also from Plateau State.
The Yoruba Community who presented memorandum
JCI/J/202/2009 stated on page 1 of the memorandum as follows:
“Yorubas did not present any candidate for any key position in the election. Therefore it came as a surprise when on 28th
November, 2008, thousands of Hausa Youths under the disguise of their dissatisfaction with the yet to be released results of the Local Government Elections joined by their kith
31
and kin in Nasarawa Gwong, Rikkos and Dutse Uku unleashed terror on Yoruba residents in these areas”.
On his part Alhaji Umaru Miango who presented
memorandum JCI/J/148/2009 and gave evidence as Commission
witness 2 on 24th February, 2009 stated as follows:
“Hausa Muslims do not trust the indigene Muslims saying we are betrayers of faith. That whenever something is being discussed, may be to kill the Christians, we are the ones that leaked it out to them because we live with the Christians. And the Christians on the other hand suspect us indigene Muslims to be hiding information from them. So they kill us for no just cause on most occasions, we the indigene Muslims don’t know what happens, they just kill us”.
It is for these reasons that we cannot but agree with the
views of Human Rights Watch as stated on page 3 of its
memorandum JCI/J/147/2009 presented before this Commission
that”
“religious, political and ethnic disputes often serve as mere proxies for the severe economic pressures that lie beneath the surface”.
Indeed, we shall see subsequently that the causes of the
Unrest are rather economic with religious, political and ethnic
undertones being merely used as avenues to fuel and to achieve
the economic goals of the perpetrators.
The Commission concludes that the immediate cause of the
Unrest of 28th November, 2008 in Jos was the attack initiated by
32
the Hausa/Fulani Muslim youth in Ali Kazaure area of Jos
spreading very quickly to other areas within the city and the
response by the Christian youths in self defence which threw the
city into a mindless crisis that led to colossal loss of lives and
properties.
33
CHAPTER THREE
3.0 Remote causes of the Unrest
During the cause of the Commission’s hearings, a plethora
of factors were laid down before it as being remote causes of the
Unrest. Indeed, it is possible to identify not only the immediate
and remote causes, but perhaps direct and indirect causes or even
pre-causes and post causes.
The contributions which aided the Commission in this regard
may not be exhaustive of the remote causes, as some causes may
be even more remote than others.
The Commission’s mandate to establish remote causes is
treated here through a topical analysis of the factors which we
found as being the remote causes of the 28th November, 2008
Unrest. The actions analysed herein and the actors, differ in their
qualitative and quantitative impact on how each of these causes
affected the crisis. Similarly, the different factors suggested also
vary in time.
However, the Commission, going by its mandate, finds the
following to be the remote causes of the Unrest.
34
3.1 Ownership of Jos North
Evidence presented before the Commission by many
witnesses expressed the fact that two civil Unrests similar to the
one of 28th November, 2008, earlier occurred in Jos North Local
Government area on the 12th April, 1994 and 7th September, 2001
for which Plateau State Government set up the Justice Aribiton
Fiberesima and Justice Niki Tobi Commissions of inquiry to
investigate the respective previous civil Unrests.
One witness who gave evidence in this regard and even
tendered the reports of the two previous Commissions, is
Commission witness 32 Da G.G. Bot who presented memorandum
JCI/J/23/2009. Justice Aribiton Fiberesima Report is Exhibit
JCI/J/23/2009/2 while Justice Niki Tobi report is Exhibit
JCI/J/23/2009/27. Both exhibits were tendered in the
memorandum of Da G.G. Bot. It is clear from the reports of the two
previous Commissions that ownership of Jos was identified as a
major remote cause of the two previous civil Unrests.
In its report on page 4, the Justice Aribiton Fiberesima
Commission stated as follows:
“A recurrent friction for many years between the Berom, Anaguta and Afizere tribes on one hand, and the
35
Hausa/Fulani tribes on the other hand is a remote cause of the riot. Each part lays claim to Jos. The Berom, Anaguta and Afizere claim that they are the undisputable indigenous people of Jos, that the Hausa/Fulani are settler strangers who migrated into Jos for various reasons which include commerce, employment and repair of fortune but the Hausa/Fulani contend that they are owners of Jos, had had the privilege of producing rulers of the town since way back in 1902. They also claim political ascendancy over the other communities at all times. This feeling of one having supremacy over the other simmered for years, only to break out into open confrontation and riot on the 12th April, 1994.
The Justice Niki Tobi Commission of Inquiry on its part on
page 42 of its report stated that;
“One of the remote causes of the September, 2001 crises is the claim of ownership of Jos. While the Afizere, Anaguta and Berom claim ownership of Jos Town, the Hausas and to some extent the Fulanis also claim ownership of it. These competing claims came to the fore in the Commission both in the Memoranda submitted and in oral evidence”.
In the crisis at hand, not a few witnesses who tendered
memoranda and testified before the Commission also identified
the claim of ownership of Jos town between the Afizere, Anaguta
and Berom tribes on one hand and the Hausa and Fulani tribes on
the other hand as a major remote cause of the civil Unrest of 28 th
November, 2009.
The Berom Elders Council in its memorandum JCI/J/40/2009
stated at page 7 paragraph 4 of the Memorandum that the primary
36
remote cause of the November, 28 2008 crisis rest on the issue of
the ownership of Jos and concluded that the Afizere, Anaguta and
Berom rather than the Hausa/Fulani tribes, are the founders and
aborigines of Jos town.
The Afizere Youth Movement in its memorandum
JCI/J/95/2009 while identifying ownership of Jos as a major
remote cause of the crisis stated that the Hausa/Fulani:
“have for long been struggling to forcefully assert themselves into political arena and traditional rulership of Jos and this is viewed by the indigenes (Anaguta, Afizere and Berom) as being selfish and greedy”.
This view is supported by Afizere Cultural Development
Association in its memorandum JCI/J/106/2009 and memorandum
JCI/J/109/2009 presented by Izere (Jarawa) Concerned
Daughters.
Anaguta Community presented Memorandum
JCI/J/139/2009 before the Commission and on page 7 of the
Memorandum stated that:
“a major cause of the repeated crises in Jos is the crave for the ownership of Jos as contained in the many claims and counter claims by the Anagutas, Afizeres, Beroms and the Hausas as each is claiming ownership of Jos”.
Just like the Afizere, Anaguta and Berom, the Hausa/Fulani
tribes also lay claim to Jos. In a booklet titled “Who owns Jos
37
North” tendered as Exhibits JCI/J/31/2009/2 in memorandum
JCI/J/31/2009 presented by Dr. Charles Gonyok which was widely
circulated in Jos North by the Hausa/Fulani shortly before the
November 28th Unrest and an advertorial by Coalition of Jasawa
Elders published in the Daily Trust of Monday 12th January, 2009
tendered as Exhibit JCI/J/135/2009/4 in memorandum
JCI/J/135/2009 presented by Justice, Peace and Reconciliation
Movement, the Hausa/Fulani contended that they are founders
and owners of Jos town. They claimed in the two documents that
they founded Jos even before the advent of the white man and are
the dominant tribe in the city and control its economy. They
equally claimed that they have produced 13 past Chiefs of Jos and
pointed to the fact that the names of many streets and places
within the city are in Hausa language.
No doubt from all these set of facts, the ownership of Jos
between the Afizere, Anaguta and Berom on one hand and the
Hausa/Fulani on the other is in issue and has been a source of
acrimony for a long time. As earlier stated, the Justice Aribiton
Fiberesima and Niki Tobi Commissions of Inquiry set up to
investigate the civil Unrests of 12th April, 1994 and 7th September,
2001 respectively in Jos town identified ownership of Jos town as
38
a major remote cause of these two previous crises. These two
Commissions considered and resolved the ownership of Jos in
favour of Afizere, Anaguta and Berom.
In its report tendered as Exhibit JCI/J/23/2009/3 in the
memorandum of Da G.G. Bot, the Justice Fiberesima Commission
resolved ownership of Jos on page 25 as follows:
“In the light of the above consideration or careful thought, we concede to the claim of Berom, Anaguta and Afizere tribes and to declare that they are “indigenes” of Jos but as to the Hausa/Fulani people’s assumption, we make bold on the evidence at our disposal to advice them that they can qualify only as “Citizens” of Jos”.
Justice Niki Tobi Commission which investigated the 7th
September, 2001 civil Unrest in Jos in its report tendered as
Exhibit JCI/J/23/27 resolved the ownership of Jos thus:
“In this matter history and authentic history has given us a consistent story of how the three tribes of Afizere, Anaguta and Berom own Jos. We accept the evidence of the three tribes and other tribes that supported their evidence. We reject the evidence that the Hausas and the Fulanis or any other tribe for that matter founded Jos and therefore own Jos”.
That was not the end of the matter. When Justice Niki Tobi
Commission submitted its report, the then Government of Rtd.
Major General Chris Ali set up a Peace Conference comprising of
all tribes in Plateau State, Hausa/Fulani inclusive, to consider the
39
report and the Peace Conference in its report of September, 2004
which is Plateau State Legal Notice No. 2 of 2004 tendered as
Exhibit JCI/J/148/2009/2 in the memorandum of Alhaji Umaru
Chowhe Miango (memorandum JCI/J/148/2009) affirmed the
decisions of Justices Fiberesima and Niki Tobi Commissions on
ownership of Jos and held that the Afizere, Anaguta and Beroms
tribes are co-founders, and owners of Jos but not the Hausa Fulani
who at best are citizens. See page 23 of Exhibit JCI/J/148/2009/2.
With the decisions and findings of the two Commissions on
the ownership of Jos coupled with the “Plateau Resolves” of 2004,
one would have thought that the ownership of Jos was settled in
2004. In Exhibits JCI/J/31/2009/2 and JCI/J/135/2009/4 which are
the booklet widely circulated by the Hausa/Fulani shortly before
the November, 2008 crisis and the advertorial published by
Coalition of Jasawa Elders in the Daily Trust Newspaper of 12th
January, 2009, the Hausa/Fulani claimed ownership of Jos and
repeated those same reasons they placed before the Justices
Fiberesima and Niki Tobi Commissions but that were rejected. No
new fact has so far been advanced by the Hausa/Fulani in their
claim for ownership of Jos. It is the same old stories. Since no
new fact has been adduced by the Hausa/Fulani to the evidence
40
presented before the Fiberesima and Niki Tobi Commissions to
dislodge the findings and conclusions of the Commissions, we do
not depart from the findings and conclusions of those
Commissions on the ownership of Jos. Indeed we align ourselves
with those findings and conclusions.
The evidence placed before this Commission by way of
memoranda submitted, oral evidence adduced and Exhibits
tendered strengthens rather than controvert the findings and
conclusions of the two Commissions that the Afizere, Anaguta and
Berom are founders and owners of Jos and not the Hausa/Fulani
settlers.
In memorandum JCI/J/40/2009 presented by the Berom
Elders Council, reference was made to the ancient battle of 1873
in which the Hausa/Fulani from Bauchi attempted to conquer the
natives of Jos but were heavily defeated and chased out of Jos by
the combined army of Afizere, Anaguta, Berom and other tribes.
The Hausa/Fulani army retreated and never came back to attack
natives of Jos. They only came back to Jos after the advent of the
Whiteman. This evidence by the Berom Elders Council is from a
letter dated 4th January, 1915 from Mr. Lonsdale, District Officer,
Bauchi Division to the Resident Naraguta Division. The letter was
41
a response to a request by the Resident for an account from the
District Officer of this battle of 1873. In the letter, Mr. Lonsdale
narrated to the Resident of Naraguta an account of the battle as
told him by Abdu Wazirin Wunti of Bauchi who was himself present
during the battle as follows:
“We proceeded to Jos---- close to the present site of Niger Company Canteen, we were attacked by a large number of Naragutawa, Bukurawa, Jarawa, Bujiawa and men of Amo. They beat us and we all separated in flight reaching Tilde at night. The pagans turned from Rafin Jaki. The (sic) Bauchi was killed near Naraguta on the Buji road as he was fleeing; forty one (41) of us were killed and twelve of our horses. We captured eighteen of their cattle. After that we did not fight them again”.
A certified true copy of this letter is Appendix v attached to
memoranda JCI/J/106/2009 presented before this Commission by
the Afizere Cultural and Community Development Association.
The fact that the Hausa/Fulani Jihadists did not conquer the
natives of Jos area was corroborated by Late Sardauna of Sokoto
Sir Ahmadu Bellow, himself a Fulani man and who Plateau
Indigenous Development Association (PIDAN) in their
memorandum (memorandum JCI/J/107/2009) described at page 4
of the said memorandum as former Premier of Northern Nigeria
and who worked with the colonial masters and toured all the
42
provinces of Northern Nigerian including Jos. Sir Ahmadu Bello in
his book “My Life” tendered as Exhibit JCI/J/148/2009/3 in
memorandum JCI/J/148/2009 presented by Alhaji Umaru Chohwe
Miango stated on page 11 of that book that:
“the countries which did not come under the Fulani rule were the areas known as Borno Province, the Plateau Province (less Wase), the Jukun, the Tiv and Idoma peoples of South of the Benue Province and small part of Kabba and Ilorin Province”.
This piece of evidence has not been controverted at all. We
accept it as the truth of what happened between the natives of Jos
and the Hausa/Fulani invaders in 1873. This is more particularly
so as Sir Ahmadu Bello confirmed in it his book that the
Hausa/Fulani never conquered the indigenes of Jos who remained
independent. Hence the claim by Hausa/Fulani that their ancestors
met Jos a virgin land and founded same cannot be true because at
least the natives of Jos were in occupation of the area before the
battle of 1873 and that is why they were able to mobilize
themselves and drove the Hausa/Fulani invaders out of Jos. If
they met the territory a virgin land as claimed then who drove them
out of it?
The Hausa/Fulani invaders themselves admitted that that
after the failed attempt to conquer Jos in 1873, they never came
43
back until after the advent of the white man. This admission by the
Hausa/Fulani lend support to the contention of the Afizere,
Anaguta and Berom tribes that the Hausa/Fulani are not indigenes
of Jos but settlers who came to Jos as labourers in the Tin mines
after tin was discovered by the Whiteman.
The Hausa/Fulani have in their booklet “Who owns Jos
North Local Government Council” relied heavily on a statement
by Mr. C.G Ames a colonial administrator that the Hausas have
been in Jos since the beginning of the century. Plateau
Indigenous Development Association (PIDAN) has in its
memorandum argued that the beginning of the 20th century is
1900s and since the white man came to Jos and discovered tin at
the beginning of the century, the Hausa came to Jos as a result of
the discovery of tin and came to work as labourers in the mines.
This is further confirmed by the admission of the Hausa/Fulani that
after the defeat of 1873 they never came to Jos until after the
advent of the white man. This accorded with the views of Dr.
Charles C. Jacobs in his book “Studies in Berom History and
Culture”, Exhibit JCI/J/40/2009/6 presented by Berom Elders
Council wherein he stated on page 227 of the book as follows:
44
----“the bulk of the labour force on the minefields came from outside the Plateau Chiefly from other parts of Northern Nigeria. The Hausas and the Kanuris came to constitute the cadre of experienced miners who worked all the year round and supplied the bulk of the headmen”.
Bill Freund in his book “Capital Market and Labour in the
Nigerian Mines (Exhibit JCI/J/107/2009/9) tendered in
memorandum JCI/J/107/2009 presented by Plateau Indigenous
Development Associations gave an excellent account of the
political economy of tin mining and labour on the Plateau tin
mines. He stated that in the 1940s due to the Second World War
and the increase demand for tin to prosecute the war effort, forced
labour (Diban Gwamna) was imposed as a state policy and many
Hausas from the North were drawn into the minefields.
This then means that if attempts by the Hausa/Fulani to
conquer Jos failed and they were driven out of Jos in 1873 and
only came to Jos at the beginning of the 20th Century as labourers
in the mine fields, then their claim that their ancestors met Jos a
virgin land and founded same cannot be true.
There is evidence before the Commission that the
Hausa/Fulani in Jos got the lands they are presently occupying
from the natives. Commission witness 28, Toma Jang Davou who
presented memorandum JCI/J/130/2009 on behalf of Berom
45
Parliamentary Forum said the Hausa Community in Jos bought the
land, they now use as Hawan Idi praying ground from his father in
1955. The sale agreement between the father of Commission
witness 28 and representatives of the Hausa Community in Jos
North is Exhibit “B” attached to memorandum JCI/J/136/2009. It
was also the evidence of the same witness that it was the Late
Gbong Gwom Jos, Da Rwang Pam, that gave out the land upon
which Jos Central Mosque was built, to the Hausa Community for
that purpose. On the day the piece of land was handed over to the
Hausa/Fulani Community by late Da Rwang Pam, the then Gbong
Gwom Jos, the Sardauna of Sokoto and Premier of Northern
Nigeria, late Sir Ahmadu Bello who was himself present and was
accompanied by Alhaji Ali Kazaure, Alhaji Ali Iliya, Alhaji Sale
Hassan, Alhaji Inuwa Ali and other dignitaries made the following
remarks:
“Today is my day of great joy and happiness. The Gbong Gwom Jos through extraordinary generosity has given Muslims land to build a Mosque for their Community who are his loyal subjects. Today I want us to say that the Beroms and Hausas must work in harmony. The Hausa must respect the authority of the Berom. The day you cheat on the Berom, you will suffer untold hardship because if you cheat on the Berom, you will always end up being cursed. Remember you will never see happiness until you respect the host community”.
46
This remarks can be found at page 6 of memorandum
JCI/J/65/2009 presented by Berom Patriotic Forum in Tertiary
Institutions of Plateau State. Can the Hausa/Fulani now turn
round and claim ownership of Jos?
If the Hausa/Fulani are founders and owners of Jos as
claimed, they would not have obtained lands from the natives for
the purpose of their community projects and residential buildings.
This more than anything else, confirms the fact that the
Hausa/Fulani are not the owners of Jos.
Another important piece of evidence is the evidence
provided by Plateau Indigenous Development Association in its
memorandum JCI/J/107/2009 at page 18 – 19 that the colonial
masters themselves realized the need to pay the pagan natives for
the take over of their land to build the Jos Government station.
This is a confirmation that the pagan natives are owners of Jos
and hence the need to pay them compensation for the take over of
their lands. They did not talk of the need to pay compensation to
the Hausa/Fulani because they were themselves settlers and did
not own any land.
Reference must also be made to the memorandum of Alhaji
Garba Mohammed Jos himself a Hausa man who was born in Jos
47
72 years ago. In his memorandum JCI/J/221/2009, Alhaji Garba
Mohammed Jos who identified the claim of ownership of Jos by
the Hausa/Fulanis as the most thorny issue stated that the
Hausa/Fulanis are not indigenes of Jos and are not owners of Jos.
He suggested the fact that the solution to the Jos crises is for the
Hausa/Fulani to accept their status as non-indigenes and concede
the position of Chairman to the indigenes.
He said he was born in Jos 72 years ago but will contest for
the Chairmanship only with the acknowledgement of the fact that
he is not an indigene and would seek the consent and support of
the indigenes.
In view of all these evidence and the findings and
conclusions of the previous Commissions of Inquiry set up by
Plateau State Government supported by the outcome of Plateau
Peace Conference tagged “Plateau Resolves” (Exhibit
JCI/J/148/2009/2) which has been Gazetted as Legal Notice No. 2
of 2004, we cannot but come to the inescapable conclusion that
the Afizere, Anaguta and Berom tribes are founders and owners of
Jos town but not the Hausa/Fulani. The claim of the Hausa/Fulani
that they founded Jos North and are owners of same is totally
unfounded in view of the evidence placed before the Commission.
48
3.2 Indigeneship of Jos
The issue of indigeneship of Jos is connected with its
ownership and just like ownership of Jos, its indigeneship has
generated a lot of conflicts and friction.
The report of Plateau State Peace Conference tagged
Plateau Resolves tendered as Exhibit JCI/J/148/2009/2 before
this Commission, defines indigenes of a place to be:
“those people whose ancestors were the first to have settled permanently in a particular area and who are often considered as natives and have rights to their lands, traditions and culture”.
This definition accords with the definition in Justice Fiberesima’s
report which defined indigenes of Jos North to be those whose
ancestors were natives of Jos beyond living Memory and then
went on to hold that Afizere, Anaguta and Berom are indigenes of
Jos North but not the Hausa/Fulani who are settlers. Indeed,
having held that the Afizere, Anaguta and Berom are co-founders
and owners of Jos North, we have no difficulty in coming to the
conclusion that these three tribes are indigenes of Jos North.
However, the Hausa/Fulani also claim indigeneship of Jos.
In Exhibit JCI/J/135/2009/4, an advertorial published in Daily Trust
of 12th January, 2009 and tendered in the memorandum submitted
49
by the Justice, Peace and Reconciliation Movement, the
Hausa/Fulani elders contended very strongly that the Hausa/Fulani
are indigenes of Jos North and are not settlers. The same claim is
contained in the booklet “Who owns Jos North Local Government”
which is Exhibit JCI/J/31/2009/2.
The contradictory point about their claim of indigeneship to
Jos North however, is that in one breath, they said they are
indigenes of Jos North because their ancestors founded Jos and
by virtue of that fact are owners and indigenes of Jos North but in
another breath are claiming, indigeneship because according to
them, they have lived in Jos for over 100 years and should by
virtue of their long stay in Jos be recognized and treated as
indigenes.
As for the first arm of the claim that the Hausa/Fulani are
founders and owners of Jos and should therefore be indigenes of
Jos, we hold that this claim lacks any merit in view of our earlier
holding that the Afizere, Anaguta and Berom tribes are the
founders and owners of Jos town not the Hausa/Fulani. The claim
of the Hausa/Fulani that they are indigenes of Jos North because
they are founders and owners of same therefore lacks foundation.
50
It cannot stand because they are striving to put something on
nothing.
The second arm of the claim is that they (Hausa/Fulani)
have lived in Jos for a long time and being Nigerians should be
recognized as indigenes of Jos on that basis. However, there is
evidence before this Commission that there are other Nigerian
non-indigenes who came to Jos even before the Hausa/Fulani but
are not claiming indigeneship of Jos but rather still trace their roots
to their respective states of origin.
For example, the Yoruba Community in memorandum
JCI/J/202/2009 stated that the Yorubas were the first set of non-
natives that came to Jos in 1850 and have contributed positively to
the development of Plateau State but are not and will not claim
indigeneship of Jos North. The Yoruba stated in that
memorandum at page 3 as follows:
“Since no Yoruba man contested for any of the key positions in the election, why did they become subjects of attack and annihilation? The above questions becomes more germane in view of the peaceful disposition of the Yorubas since their settlement in Jos in 1850. More so that since their settlement, it is not gainsaying that they have contributed positively in no small measure to the socio-economic development of Jos and its environs….. They are peaceful, law abiding people and have been found to regard everywhere as home. Notwithstanding their being the
51
pioneer settlers in Jos, the Yoruba have never compromised their status as non-indigenes”.
The Yoruba who also presented memoranda JCI/J/43/2009
state therein at page 4 as follows:
“The crisis in Jos has become a recurrent painful sore, it happened in 2001, 2002 and now 2008. Unlike in previous crises, Yorubas were used as canon fodders suffering heavy losses in human and material losses in the hands of both indigenes and Hausa. We have been able to establish that one hundred and eighty Yorubas were confirmed dead during this crisis. The total number of affected victims is nine hundred and twelve including the dead”.
That was also the assertion of the Igbo Community in Jos
who stated in their memorandum JCI/J/127/2009 presented before
the Commission at page 3 that:
“Ndigbo going by records have settled in Jos for well over a century and have a tradition of mutual respect and co-operation with the Government of the State and its people. Some of the earliest settlers worked in mining business. By the time the railway line reached Jos in about 1913, Ndigbo formed majority of the work force. The same is applicable to the work force in hospitals, Police, Schools and even Ministries. They were the first to go into large scale trading, all kinds of artistry such as carpentry, masonry, plumbing, bicycle and motor repairs, electrical services etc. In spite of the foregoing, the Ndigbo in Jos has never laid claim and are not laying claim to ownership of Jos or any part of the State”.
People of the South-South in their memorandum
JCI/J/142/2009 presented by Barrister Smart Irabor stated on page
2 of their memorandum that;
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“the South-South citizens, particularly the Urhobos from Delta State were the first to settle in Jos. Since our great-grand fathers, settled in Jos, they have live peacefully with their host state. We have never agitated to be recognized or granted the status of indigenes. We have been contended and still contented with our status as “settlers”.
Even the tribes who are indigenes of Plateau State but are
not indigenes of Jos North are not claiming indigeneship of Jos.
The Mwaghavul people for instance in their memorandum
JCI/J/28/2009 stated therein that though from Mangu Local
Government of Plateau State, they cannot claim indigeneship of
Jos. In fact apart from the Hausa/Fulani, no other tribe other than
the Afizere, Anaguta and Berom who are indigenes of Jos North
are claiming indigeneship of the Local Government. The
Hausa/Fulani are not claiming indigeneship of Jos North for
themselves and other non-native Nigerians in Jos but are claiming
indigeneship for themselves alone to the exclusion of all other non-
native Nigerians in Jos. For example membership of their Jasawa
Development Association does not extend to the Yorubas, Igbos,
people of the South-South and other non-native Nigerians in Jos.
In this situation, it will amount to double standard and
selective justice to recognize the Hausa/Fulani only as indigenes
of Jos North while all other Nigerians residing in Jos North who are
non-natives are not recognized as indigenes. The Hausa/Fulani
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have argued that every Nigerian should be recognized as an
indigene wherever he or she resides but the application of that
policy will still pose difficulties because although one can be a
citizen of Nigeria at large, the issue of indigeneship will still have to
be resolved by the Constitution. One is a Nigerian in the first place
because he or she belongs to a community indigenous to Nigeria.
See Section 147 of the Constitution of the Federal Republic of
Nigeria 1999.
It is the application of indigeneship that makes us know who
is a Nigerian and who is not. After all the constitution itself
recognizes indigeneship. The Constitution of the Federal Republic
of Nigeria in section 147 (1) and (3) provides that:
“there shall be such offices of Ministers of Government of the Federation as may be established by the President provided that in giving effect to sub-section 1 – 2, the President shall appoint at least one Minister from each State who is an indigenes of such state”.
No doubt there is the need to address the indigenes/settler
dichotomy but the problem is a national issue, the resolution of
which requires a national approach as isolated treatment of the
problem will itself results in double standards and injustice. Tekan
Youth Fellowship probably have this situation in mind when it
stated at page 14 – 15 of its memorandum JCI/J/67/2009 that:
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“it is pertinent to note that the constitutional amendment that allows for the right of every citizen to reside and contest for election in any part of Nigeria will not achieve much if its implementation is practicable only in some states”.
The fellowship concluded that every conflict is a function of
comparative benefit and draws its strength and weakness as it
compared what is obtained in one part against the order. If every
citizen of Nigeria is at liberty to claim indigeneship of any part of
Nigeria of his choice as a national policy, Plateau State and indeed
Jos North cannot be an exception.
3.3 Non Implementation of Previous Reports
As earlier indicated, prior to the civil Unrest of 28th
November, 2008, there has been crises in Jos notable among
which were the civil Unrests of 12th April, 1994, and that of 7th
September, 2001 for which the Plateau State Government set up
the Justices Fiberesima and Niki Tobi Commissions to investigate
the respective civil Unrests. The two Commissions at the end of
their investigations submitted their reports. The two Commissions
in their respective reports identified the persons, groups of
persons, organizations or institutions directly or indirectly
responsible for the crises and recommended sanctions.
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Justice Fiberesima Commission for instance on page 8 – 10
of its report stated as follows:
“On April 11th just a day before the faithful day, Alhaji Yaya Aga Abubakar, the president of Jasawa Development Association in company of Alhaji Aminu Mato’s junior brother, Sanusi Mato, held a meeting at Masallachin Juma’a Jos with the Jasawa Community during which they resolved to carry out a demonstration the following day. So Yaya Abubakar and Sanusi Mato were directly connected with the riot that brought disaster and shame to Jos metropolis, to Plateau State and to Nigeria, and that brought death and destruction to lives and properties.
The following officers of Jasawa Development Association were among those who encouraged the perpetration of the heinous and wicked riot of April 12th, we believe that from them the Police may approach more accomplices:
1. Usman Ibrahim - Publicity Secretary
2. Yahaya Garba - State Deputy Chairman
3. Usman Likita - Leading member
4. Usman Iliya - Chairman Jos North
5. Mansur Nakande - leading member
The Jasawa Development Association seemed to be a militant body of Hausa/Fulani youths. It was the group that Yaya Abubakar instigated at Massalachin Juma’a to carry out a demonstration on 12th April, which they did. The Commission therefore finds, the Jasawa Development Association as a group to be directly connected with the riots.
Danlami Babajoda, the State’s Chairman of the Butchers’ Association was privy to the act of the members of his association who on April 11th slaughtered cows and goats on the public highway by the Abattoir in protests against the
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suspension of Alhaji Aminu Mato from office as Chairman of Jos North Local Government Council. He was said to have stated to the State Security Services that their action was just the beginning of what they intended to do until Alhaji Mato was allowed to assume office as Chairman. Thus Danlami Babajoda was also a prime mover of the incidents that led to the riots and is answerable to the Government for his conduct.
---- On the evidence of these and other eye-witnesses, the Commission included the following as principal actors who were involved in certain offences connected with the riots:
Mr. Baba TeacherMadam HanatuMadam RhodaMr. SundayMaman AyubaMr. PaulDanjuma painter.
On its part Justice Niki Tobi Commission identified Alhaji M.
D. Abubakar the then Commissioner of Police, Plateau
State, Alhaji Inuwa Ali, Frank B. Taddy the then Chairman of
Jos North Local Government, Alhaji Sale Bayeri, Alhaji
Dahiru Sale, Jasawa Development Association, Jama’atu
Nasril Islam, BECO Solidarity Forum, Jos North, and Plateau
Youth Council as having participated in the crisis. See page
142 – 276 of the report. The Commission on page 327 of its
report recommended as follows:
“All persons who were alleged before the Commission to have participated in the crisis by engaging in the
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Commission of offences as detailed in Chapter 4 of this report should be handed over to the Police for thorough investigation and possible prosecution on the advise of the Ministry of Justice”.
Similarly, Justice Fiberesima’s Commission had
recommended on page 36 – 37 of its reports as follows:
“We recommend that the Honourable Attorney-General and Commission for Justice should initiate proceedings if necessary against the following for offences connected with the riot of 12th April, 1994, if they were legally punishable at the time they were Convicted:
1. Alhaji Yaya Aga Abubakar2. Alhaji Sanusi Mato3. Danlami Babajoda4. Usman Ibrahim5. Yahaya Garba6. Usman Aliyu7. Usman Likita8. Mansur Nakande9. Mr. Baba Teacher10. Madam Hanatu11. Madam Rhoda12. Mr. Sunday13. Mama Ayuba14. Mr. Paul15. Mr. Danjuma Painter.
The Commission further recommended that the activities of over-zealous demagogues, like Alhaji Sale Hassan and Alhaji Shehu Masalla, be closely monitored by Government in order to neutralize them before they wreck havoc to law abiding society. We further recommend to Government to put under the microscope the activities of Jasawa Development Association and all other potentially dangerous tribal, religious or social organizations.
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Lastly in this regards we recommend that the State’s deputy Commissioner of Police, Alhaji Hamisu Isa, who handled the riotous situation in a shoddy manner in spite of all warnings and information from the State Security services at his disposal should be subjected to disciplinary measures by the appropriate authority”.
There is no indication that these recommendations
concerning persons, group of persons, organizations or institutions
directly or indirectly allegedly responsible for the previous crises as
found by the two Commissions were implemented by the
Government.
Niki Tobi Commission in its report lamented so much the
non-implementation of the reports of the Justice Fiberesima
Commission of Inquiry when it stated on page 326 of its report as
follows:
“The Commission believes that non-implementation by Government of the reports of the previous Commission of Inquiry into the riots of 12th April, 1994 in Jos metropolis (the main features of which are very similar to the September 7th
2001 civil disturbances) is a sure recipe for a repeat performance of such disturbances”.
Quite a large number of memoranda presented before this
Commission as well as witnesses who testified also fingered non-
implementation of the recommendations of the previous
Commissions of Inquiry as one of the remote causes of the
November 28th, 2008 Unrest.
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People Democratic Party, Northern Zone in its memorandum
JCI/J/137/2009 presented before this Commission stated this fact
when it said at page 7 – 8 of it’s memorandum as follows:
“Between 1994 and November, 2008, Jos and other parts of Plateau State suffered violent eruptions of various degrees. In all these cases, Government reacted by swiftly setting up Judicial Commissions of Inquiry to investigate the remote and immediate causes. All the said Commissions were thorough in their investigations and not only identified culprits but made far reaching recommendations towards bringing lasting peace in the State. Unfortunately, for inexplicable reasons, these recommendations never saw the light of the day let alone being implemented. This sad development has firstly, tended to make perpetrators to get away with impunity. Secondly, the same people feel emboldened to unleash further terror with the believe that they will get away with it as was the case in the most recent outbreak of violence”.
This position cannot be far from the truth at all. There we
many far-reaching recommendations made by these reports.
These recommendations were the foundations for resolving
conflicts and giving redress. They were also the building blocks
for progress, and mechanisms for their implementation
mechanising should have been put in place. This Commission
found that there are many common recommendations between the
Fiberisima Report and the Niki Tobi Report as well as between
these and the Plateau Peace Conference. We find that some will
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also find their way into this present Report. This recurrence is
borne out of the plain fact that these recommendations have not
been given effect. Indeed if the reports of the previous
Commissions were implemented and the perpetrators of the
previous crises dealt with in accordance with the laws of the land,
the Unrest of November, 28th 2008 might not have occurred and
even if it did, the magnitude would not have been the same as
what was witnessed. We find as a fact that the non-
implementation of the previous reports is one of the major remote
causes of the November 28th, 2008 crisis.
3.4 Delineation of Electoral Wards.
There are fourteen (14) electoral wards in Jos North Local Government Area. The
Confederation of Plateau State Youth Movements in its memorandum JCI/J/154/2009 gave
a tabulation of all the electoral wards with number of polling units and registered voters in
each of the wards as follows:
S/N W A R D
POLLING
UNIT
VOTERS
REGISTERED
1. Abba Na Shehu 29 15,620
2. Ali Kazaure 38 15,726
3. Garba Daho 26 11,258
4. Gangare 20 10,674
5. Ibrahim Katsina 25 11,463
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6. Jenta Adamu 24 12,418
7. Jenta Apata 34 17,245
8. Jos Jarawa 37 19,644
9. Naraguta A 31 17.375
10. Naraguta B 106 72,202
11. Sarkin Arab 17 10,303
12. Tafawa Balewa 11 4,245
13. TudunWada/ Kabong
63 41,015
14. Vandapuye 11 7,986
T O T A L 266,761
In memorandum JCI/J/77/2009 presented by Hon. Francis
Tadi Gazu, the presenter stated at page 3 – 4 of his memorandum
as follows:-
“As the date of the election drew nearer, it was clear that Jos North had been divided into two major groups. The first group was dominated by the native Christians whose candidate was the flag bearer of People Democratic Party (P.D.P), while the second group was Hausa Muslim dominated with their candidate in All Nigeria Peoples Party (A.N.P.P)----- It is however worthy of note to mention here that a majority of the Yoruba Muslims who have always identified with the natives at elections voted overwhelmingly for the P.D.P. The Plateau Indigenous Muslims also identified with their kith and kin despite their religious differences and voted for P.D.P”.
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Hon. Francis Tadi Gazu then went on to identify the
Hausa/Fulani dominated areas/wards as Naraguta A, Ali Kazaure,
Sarkin Arab, Ibrahim Katsina, Garba Daho, Gangare and Abba Na
Shehu, while he said the native (Christians) dominated
areas/wards are Naraguta B, Jenta Adamu, Jos Jarawa,
Vandapuye, Tafawa Balewa, Jenta Apata, and Tudun
Wada/Kabong wards.
From the above table, one can see that the Hausa
dominated wards have fewer number of registered voters while the
natives (Christians) dominated wards have a heavier registered
voters population. For example the total number of registered
voters in five Hausa dominated wards of Ali Kazaure, Sarkin Arab,
Ibrahim Katsina, Garba Daho and Gangare put together is fifty
nine thousand, four hundred and four (59,404) which is not up to
the total number of registered voters in one native Christians
dominated ward of Naraguta B with seventy two thousand, two
hundred and two (72,202) registered voters. That means one
Christian dominated ward is far bigger than five Muslim dominated
wards put together. Another ward with a large number of
registered voters is Tudun Wada/Kabong Ward with forty one
thousand fifteen (41,015) registered voters. Again the number of
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registered voters in Tudun Wada/Kabong Ward compete
favourably with the total number of registered voters in the five
Muslims dominated wards.
This is an indication that few Hausa/Fulani registered voters
have more words than the many native registered voters. In other
wards, the Hausa/Fulani with few number of registered voters
have more wards than the native indigenes who have more
registered voters. This kind of imbalance will certainly create ill-
feelings and bad blood because the indigenes view this lopsided
creation of electoral wards as a deliberate act to give Hausa/Fulani
an undue political advantage over the indigenes.
The Peoples Democratic Party Elders, Northern Forum,
Plateau State said this much when it stated on page 6 of its
memorandum (memorandum JCI/J/137/2009) thus:
“Now, the consequences of such lopsidedness are many. Firstly it leads to uneven representation in the Council and by extension a disenfranchisement of the people, as the political space in the large wards becomes choked up. Secondly the injustice gave expression to claims of political domination by the Hausas”.
It was lopsided divisions as this that made Berom Elders
Council to write several letters of complaints, one of which is
Exhibit S.A 8, a letter dated 3rd June, 1992 to the then President
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General Ibrahim Babangida to rectify the situation. The then
Secretary to the Government of the Federation in response to this
complaint and several others raised a memorandum dated 2nd
June, 1993 (Exhibit S.A 9) to the then President for a
consideration of this and other issues but according to General
Ibrahim Babangida (Rtd.) who testified through his Counsel, the
issue could not be addressed because he stepped aside soon
thereafter and thought subsequent Governments after his
administration should have addressed the problem.
The problem has not been addressed ever since and as can
be seen from the evidence before us, such as that of P.D.P Elders,
Northern Forum , Plateau State, the indigenes of Jos North are
highly aggrieved by this lopsided delineation of electoral wards in
Jos North and these grievances have been a source of friction and
acrimony. On the other hand, this lopsided delineation of wards
made the Hausas have a false notion that they are in the majority
in Jos North and should win any election conducted in that Local
Government.
According to Hon. Francis Tadi Gazu, presenter of
memorandum JCI/J/77/2009, Mallam Sani Yahaya Jengre, a
Muslim cleric relied on this kind of fallacy when he told his listeners
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in a Mosque that the Muslims in Jos North constitute 80% of the
population and should win the Chairmanship election. The
Muslims might have felt disappointed when the election result
turned otherwise and this feeling of disappointment contributed in
no small way in fuelling the crisis. Certainly, a delineation of
electoral wards based on actual population of registered voters
rather than favouritism will go a long way in calming nerves and
thereby reduce conflicts.
3.5 Inciting and Provocative Publications
Commission witness 8 and presenter of memorandum
JCI/J/25/2009 was Evangelist Da Andrew N. Dalyop. He lives at
Dogon Dutse, Jos. In his evidence before the Commission he
stated as follows:
“Around 2:00 p.m all we could hear from the loudspeakers was “matasa da jama’a ku fito Jihad, kuma Allah zai yi maku albarka” meaning “youths come out and fight Jihad, God will bless you”. What we saw was better imagined than said, because it was a mob of both youth and the aged well armed carrying machetes, axes, cutlasses, containers of petrol and guns while chanting “Allahu-akbar, za mu ji ma arna, Jos ta Arewa namu ne; “sabuwa da kaza bata hana yanka” meaning “we are going to kill the infidels (pagans), Jos North is our own, being familiar with the chicken does not prevent it from being slaughtered”.
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The evidence of other witnesses from different parts of Jos on
their experiences on the day of the crisis is substantially similar to
that of Evangelist Da Andrew N. Dalyop. Berom Forum Chwelnyap
while presenting its memorandum JCI/J/152/2009 through its
Secretary, Mr. John P. Choji stated on page 14 of the
memorandum that:
“Muslims clerics and their Agents had used loud speakers installed in their Mosques to call out their faith adherents or attackers. Shouts of war-like slogans or wake up calls were made such as ‘Muslims arise, it’s a call to Jihad (holy war)’ ‘arise and reclaim Jos City’ etc. These calls had also dictated the routes/locations to be followed or attacked as most of the attackers were hired mercenaries. No doubt, the calls had incensed the sensibilities of the attackers whose modus operandi was ‘sabuwa da kaza baya hana yanka’ (no respecter of familiarity)”.
When cross examined by Counsel to the Commission to
mention the Mosques where such calls to war were coming from,
John P. Choji stated thus:
“we have one at Tudun Pera, one at Yan-Shanu junction, just at the entrance to Chwelnyap through Bauchi Bridge. We have one close to the Church of Jesus Later Day Saints and one is in Bauchi Motor Park and so many others”.
There were cases of provocative and inciting preaching in
places of worship too. One of those preaching is the preaching of
Sheikh Yahaya Jengre contained in Exhibit JCI/J/36/2009/4
tendered in memorandum JCI/J/36/2009 presented by C.A.C Hill
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of Victory. The transcript of Exhibit JCI/J/36/2009/4, a cassette in
Hausa, is attached to memorandum JCI/J/77/2009 wherein Sheikh
Yahaya Jengre uttered these words:
“By the grace of Allah, Jos North cannot be rigged. Come to think of it, was there election somewhere that was won and not announced? When it became apparent that we had won and they had to announce, did they not cancel the elections? For your information this upcoming election cannot be cancelled and by force, we shall win Allah willing. Look, we are Muslims, over eighty percent of the people of Jos North are Muslims. We are not Christians. Do you think we shall vote a Christian to lead us in Jos North?”
Apart from verbal utterances, there were also written
publications which were widely circulated in Jos City. One of such
written publications is Exhibit “C B” attached to memorandum
JCI/J/136/2009 presented by Berom Parliamentary Forum. Exhibit
“C B” of memorandum JCI/J/136/2009 is a publication by the
Islamic Revolutionary Network. The Islamic Revolutionary
Network stated therein as follows:
“Faithful actions are being taken to check the hidden agenda of Governor Jonah Jang who has a hidden hatred for Muslim. All concern Muslims must rise up to stop this evil plans against Islam in the State-----in-sha Allah we shall win over them this time around, we shall go forth (Jihad)”.
The interview Alhaji Inuwa Ali granted Weekly Trust of 13th
December, 2008 which is Appendix II attached to memorandum
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JCI/J/152/2009 resonates the contents of this publication by
Islamic Revolutionary Network. In the Newspaper interview, Alhaji
Inuwa Ali a Hausa/Fulani Community Leader in Jos stated among
other things that the genesis of the November, 28th Unrest is
because of the hatred Plateau State Government has for the
Hausa/Fulani and that though Plateau State Government has
invited the Hausa/Fulani for a dialogue, they will not respond
because they have nothing to tell Government.
While presenting memorandum JCI/J/154/2009 on behalf of
Confederation of Plateau State Youth Movements, its Chairman
Mr. Iliya Lar who gave evidence as Commission witness 5 stated
as follows:
“As we present this paper, thousands of Nigerians must have watched the chilling film on the November 28th, 2008 violent crisis in Jos North Local Government, which is being distributed in towns of Northern States and circulated via GSM phones---- the intention of the producers was to arose sentiment against Plateau….”
The film in question which is on a video cassette was
tendered and admitted in evidence as Exhibit JCI/J/154/2009/2.
We have carefully watched the video cassette which showed
corpses being brought into the Central Mosques Jos and dressed
for burial after which they were buried in mass graves. However,
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the identity of the corpses and the locations from which they were
taken was not discernible.
The Confederation of Plateau State Youth in its
memorandum at page 26 stated that the film is incapable of
showing how the carnage took place. What was very clear from
watching the video is that the Mosques itself was not attacked as
there was no bullet marks on the wall or even any damage to the
Mosque.
References were also made to publications by Daily Trust
Newspapers which according to many of the witnesses who
testified before the Commission are inciting and provocative.
Sunday Kasuwa Bwoi presenter of memorandum
JCI/J/207/2009 made reference to Daily Trust Newspaper of
Wednesday 26th November, 2008 which he attached as appendix
A to the memorandum wherein Alhaji Ibrahim Dasuki Nakande in
an interview with the Newspaper stated that:
“Governor Jang is not sincere about the Local Government Polls. So far, utterances coming from Government officials is to the effect that they will manipulate the election, and they will declare results even while elections are going on; because they say it has happened elsewhere in Nasarawa and Lagos States”.
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Alhaji Nakande however did not substantiate this allegation.
The P.D.P Elders Northern Forum too had castigated the Daily
Trust Newspaper. The Forum stated on page 20 of its
memorandum JCI/J/137/2009 that:
“Daily Trust Newspaper for many weeks devoted it pages churning out half truths to outright falsehood on history of Jos and the cause of the crisis to legitimize the claims of the Hausas”.
Plateau Indigenous Development Association Network
(PIDAN) while presenting its memorandum JCI/J/107/2009 also
took exception to publications of Daily Trust Newspapers and
particularly referred to an article in the Weekly Trust of Saturday
6th December, 2008 titled “Son of the Soil” by one Bala
Mohammed who stated therein as follows:
“The Hausas are magnanimous settlers. The British settled in Australia and the Aboriginal have never been the same. Today Australia is a Whiteman country through and through ----- The same white settlers went west and settled in today’s America. The indigenous sons of the soil” have never been the same. They in fact even lost their identities for derisive pejorative term, “Red Indians”, they were shot and killed and those who refused to die were inflicted with syphilis and gonorrhoea”.
This Weekly Trust of which PIDAN referred to is attached to
its memorandum as appendix 27. Daily Trust responded to the
allegations made against it before the Commission. In its
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response which is Exhibit S.B1 presented by Andrew Agbese,
Bureau Chief Jos, Media Trust Nigeria Limited, Daily Trust
Newspaper stated that the publications being referred to are either
advertorials or articles written by individuals who are entitled to
their views, and that the articles are not inciting or provocative and
are not a reflection of the editorial policy of the Newspaper.
There are two sides to the conflict in Jos. On one side are
the Hausa/Fulani Muslims while on the other side are the
indigenous tribes of Plateau State who are predominantly
Christians. As earlier noted, the Hausa/Fulani Muslims not only
refused to submit memoranda to this Commission despite an
extension of time for parties to do so but even wrote a letter to the
Commission that Muslims in Jos North would not appear before
the Commission. Despite this letter, some Muslims including one
Hausa/Fulani submitted memoranda to this Commission but there
is no evidence before this Commission that the indigenous tribes
of Plateau State also made publications that were considered
provocative and inciting. Even from the totality of the evidence
placed before this Commission, we could not lay our hands on any
publication from the indigenes that was provocative and inciting.
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As for the publications enumerated above, there is no doubt
that they are provocative and inciting. For example, calls upon the
faithful to come out for a Jihad and kill the infidels, both young and
old, apart from being misguided is inciting and provocative.
Similarly, a call on members of a religious grouping not to vote for
people of another faith in an election, and that if people of that
particular grouping did not win the election, there should be trouble
is very inciting and provocative.
Also provocative and inciting is publication by Bala
Mohammed that the Hausa Settlers are magnanimous because in
America, the Americans did not only dominate the Red Indians but
also killed and inflicted them with venereal diseases. This is highly
provocative, even though this was published after the Unrest of
November 28th, 2008.
These kind of publications instead of disabusing minds was
aimed at causing distrust, ill-feeling and disunity leading to
escalation of the Unrest. Without these type of publications, the
Unrest would not have assumed the dimension it did. Surely,
similar inciting and provocative publications were remote causes of
November, 28th 2008 crisis.
3.6 Creation of Jos North Local Government Area
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Jos North Local Government Area in Plateau State was
created by State (Creation and Transitional Provisions) Decree
No. 2 of 1991 which came into force on the 30 th September, 1991.
Prior to its creation, Berom elders Council had in a letter dated 23rd
January, 1989 (Exhibit S.A3) addressed to the then Military
Governor of Plateau State and another letter dated 11th
September, 1991 (Exhibit S.A2) also addressed to the then
President General Ibrahim Babangida requested for the creation of
Jos Metropolitan Local Government Area out of the former Jos
Local Government. The areas they wanted included in the Jos
Metropolitan Local Government Area are Jos town, Vwang, Kuru,
Du, Gyel, and Gwong Districts all in the former Jos Local
Government.
The Hausa/Fulani Community also wrote a letter dated 28th
January, 1989 (Exhibit S.A4) to the then President Ibrahim
Babangida requesting for the creation of additional Local
Government Areas out of the former Jos Division but wanted the
creation in a different form from the form suggested by the Berom
Elders Council. The Hausa/Fulani Community demanded that the
area Berom elders Council proposed as one Jos Metropolitan
Local Government be split into two, Jos North and Jos South.
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At the end, Jos North and Jos South Local Governments
were created out of the proposed Jos Metropolitan Local
Government as demanded by the Hausa/Fulani contrary to the
demand of the Berom Elders Council who had submitted in Exhibit
S.A2 that the creation of any Local Government in Jos based on
the present North and South Federal Constituencies will
automatically deprive Beroms of their right to Jos, the seat of their
cherished traditional institution. Indeed, Du Elders Council in its
memorandum JCI/J/81/2009 stated at page 15 of the
memorandum that the creation of Jos North Local Government
Council in which Du District was split into two with one part in Jos
North and the other part in Jos South was unacceptable to the
indigenes and a majority of the people. Du Elders Council added
on the same page that in other places where similar things
happened, they complained and theirs were rectified but that of
Jos was ignored.
It was at the same time that Jos North and Jos South Local
Governments were created out of the former Jos Local
Government that Jos East was also carved out of the same former
Jos Local Government (see Decree No. 2 of 1991). The indigenes
viewed this as a careful attempt to split up the indigenes in the
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then Jos Local Government into different Local Governments and
carve out a Local Government for the Hausa/Fulani which the
indigenes considered as having been carved out of their
indigenous Districts such as Du, Gyel and Gwong. According to
Du Youth Movement in its memorandum JCI/J/73/2009 page 13,
the indigenous communities made their proposals for the creation
of new Local Government Areas in Jos but the Hausas were busy
scheming to carve them out of Jos city centre and with the help of
General Babangida at the helm of affairs, the indigenes
surprisingly woke up to the taunting of the new Local
Governments. Du Youth Movement accused General Ibrahim
Babangida of having deliberately created Jos North Local
Government in the manner it was created to favour the Hausas to
the detriment of the indigenes.
In its memorandum, JCI/J/152/2009 the Berom Forum,
Chwelnyap JCI/J/152/2009 stated on page 4 as follows:
“When Jos North Local Government Council was created out of the former Jos Local Government Council, there was a protest by the native tribes because it was perceived as a conspiracy to marginalize them by giving the Hausa/Fulani the sole ownership of the Jos North L.G.C. This perception by the indigenous tribes was supported by the fact that Jos North L.G.C was established by Military dictatorship fiat which was made without due consultations with the
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indigenous communities as well as the various interest groups in Jos”.
From this evidence, it is clear that the indigenous tribes of
Jos North were not comfortable with the creation of Jos North
Local Government out of the former Jos Local Government which
they contended was against their wishes. They saw it as a clever
design by the Hausa/Fulani to carve out the indigenous group and
claim Jos North as their own enclave. It was no surprise therefore
when the Berom Elders Council wrote a letter dated 3rd June, 1992
(Exhibit S.A8) to the then President Ibrahim Babangida urging him
to reconsider the creation of Jos North Local Government Area on
the ground that the creation would generate crisis and called on
the President to reverse the creation.
In memorandum JCI/J/40/2009 at page 13 the Berom Elders
Council described the creation of Jos North Local Government
Area in the following words:
“Jos North Local Government Area was created by the General Ibrahim Babangida (IBB) administration in 1991 in clear negation of the wishes and demands of the indigenes. The design of the Hausa/Fulani was to carve out the indigenous groups and so claim the L.G.A as their own. Despite our protest to Dodan Barracks, Babangida did not botch (sic). This is the most unnatural Local Government ever created as it cuts Du District Chiefdom into two without regard to traditional institutions; it has amorphomous (sic)
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boundaries, with the State Secretariat and Governor’s Office in Jos South L.G.A and not in the supposed State Headquarters, Jos North”.
Berom Elders Council recommended the dissolution of Jos
North Local Government Area in the following words:
“We reject in totality Jos North Local Government Area as presently constituted. The Local Government Area should be dissolved and due process followed in the creation of a new Local Government Area based on the wishes and desires of the indigenous people”.
Responding to the allegation against him that his
administration created Jos North Local Government Area in the
manner it did deliberately to favour the Hausa/Fulani to the
detriment of the indigenes, General Ibrahim Babangida through his
Counsel stated that Jos North Local Government Area was
created based on a guideline for the creation of new Local
Governments laid down by the defunct National Electoral
Commission which is Exhibit S.A1.
According to the General Ibrahim Babangida, there were
demands for the creation of Local Governments and the Armed
Forces Ruling Council deliberated and approved the creation of
additional Local Government Areas. The minutes of the meeting
of the Armed Forces Ruling Council in this regard is Exhibit S.A5.
The creation of additional Local Government Areas was given the
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force of law by the enactment of States (Creation and Transitional
Provisions) Decree No. 2 of 1991. The Decree is Exhibit S.A7.
General Ibrahim Babangida, said there were several complaints
following the creation of additional Local Government Areas one of
which was a complaint from Berom Elders Council asking that the
creation of Jos North Local Government be looked into because its
creation was not properly done. That petition by Berom Elders
Council to the then President Ibrahim Babangida is Exhibit No.
S.A8.
Following the several complaints, a memorandum (Exhibit
S.A9) was raised by the then Secretary to the Government of the
Federation for a consideration of the complaints, one of which is
Exhibit S.A8 by Berom Elders Council calling, for a reconsideration
of the creation of Jos North Local Government.
General Ibrahim Babangida said his administration could
however not address the complaint of Berom Elders Council
because shortly after Exhibit S.A9 was raised, he stepped aside
and he thought the Governments that came after his should have
looked into the issue since Government should be a continuous
process.
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The attempt by General Ibrahim Babangida’s Government to
revisit the creation of Jos North Local Government, even though
the issue was not in fact redressed, is an indication that there is
indeed a problem with the creation of Jos North Local Government
as shown by the evidence before the Commission. Since the
creation of Jos North Local Government in the manner it was
created, Jos has not known peace. The fears of the indigenes
have been confirmed.
It is not as if the Hausa/Fulani are entirely satisfied with the
creation of Jos North Local Government in the manner it was
created. They had themselves called for the creation of Jos North
Local Government, out of the present Jos North Local Government
with capital at Angwan Rogo.
Their call for the creation of a new Local Government Area
out of the present Jos North Local Government with the capital at
Angwan Rogo is contained in Appendix IV attached to
memorandum JCI/J/149/2009 presented by Laranto Berom
Community, Jos North. Appendix IV of that memorandum is a
leaflet written by one Idris Ibn Mohammed for Joint Islamic
Committee on behalf of Al-Qaeda Network of Nigeria in
conjunction with Jasawa Development Association. The Elders of
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Jasawa Development Association (J.D.A), Jos had made a similar
submission to the Niki Tobi Commission of Inquiry in 2001. The
memorandum of the Jasawa Elders submitted to Niki Tobi
Commission in 2001 is attached to memorandum JCI/J/28/2009
presented by Mwaghavul Development Association as Appendix II.
In the said Appendix II they stated as follows:
“We call for the splitting of Jos North Local Government Area into three autonomous Local Governments, namely:
1. Jos North-East comprising Naraguta A, Naraguta B and Jos-Jarawa Wards,
2. Jos North West comprising of Jenta Apata, Jenta Adamu, Tudun Wada, Kabong, Vandapuye and Tafawa Balewa Wards,
3. The remaining wards of Ibrahim Katsina, Ali Kazaure, Garba Daho, Abba Na shehu, Sarkin Arab and Gangare ward should remain and sustain the present Jos North Local Government Council”.
This is a strong indication that the creation of Jos North
Local Government the way it was created is definitely not a
reflection of the wishes of the people. If proper consultations
were done and the wishes of the people reflected in its
creation, the creation of Jos North Local Government would
not have generated so much conflict. Surely, the creation of
Jos North Local Government in the manner it was created is
a remote cause of the November, 28 2008 Jos civil Unrest.
3.7 Allegation of expansionist tendencies
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According to Honourable Francis Tadi Gazu who presented
memorandum JCI/J/77/2009, the Hausa/Fulani dominated areas of
Jos North are Ali Kazaure, Sarkin Arab, Ibrahim Katsina, Garba
Daho, Gangare, Angwan Rogo, Angwan Rimi, and Abba Na
Shehu. However, the allegation against the Hausa Fulani is that
their desire is to expand the frontiers of their territories as far as
possible, take over the whole of Jos, control and dominate same
through the instigation and use of persistent crisis. The Tiv
Community in Plateau State who presented memorandum
JCI/J/183/2009 described this strategy of the Hausa/Fulani as:
“always be the first to strike, plunder, burn, intimidate and when your enemies run, proceed to occupy”.
Many of those who testified and presented memoranda
before the Commission think the crisis of 28th November, 2008
was carefully planned and executed by the Hausa/Fulani in Jos
with the aim of exterminating their neighbours and taking over their
territories and ultimately take over the whole of Jos which they
believe legitimately belongs to them to the exclusion of all others.
Some of the utterances being made by the Hausa/Fulani while
attacking their neighbours in the day of the crisis support these
assertions. Commission witness 8 and presenter of memorandum
JCI/J/25/2009, Evangelist Da Andrew N. Dalyop from Dogon
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Dutse, Jos, stated that the Hausa/Fulani who came to attack them
during the crisis made the following remarks:
“Allahu Akbar, za mu ji ma arna, Jos ta Arewa namu ne; sabuwa da kaza bata hana yanka”
meaning
“we are going to kill the infidels (pagans), Jos North is our own, being familiar with the chicken does not prevent it from being slaughtered”.
Even leaflets being circulated by the Hausa/Fulani in Jos
during the crisis was a manifestation of their desire to fight and
take control of Jos North exclusively for themselves.
One of these leaflets is a document attached to
memorandum JCI/J/33/2009 presented by Jos Divisional Cultural
Organisation (JODICO) as appendix V. The leaflet is authored by
one Sheik Mohammed Usman Kano and addressed to members
of Jasawa Development Association. It was stated therein as
follows:
“Members of Jasawa Development Association, if Allah agrees the infidels will leave the position of Chairman for us we should not be weak, we shall not leave them. We shall start a Jihad to defeat the infidels….. the arms sent from Lebanon are in Chad. The arms sent by Gadafi have been brought in and are in Bauchi. The one sent by Saudi Arabia are in Cameroon….”
Another of such leaflets is Exhibit CB attached to
memorandum JCI/J/136/2009 presented by Berom Parliamentary
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Forum. Exhibit CB is a document written by Islamic Revolutionary
Network. The Network stated therein as follows:
“The taking over of Jos North is now….. No Compromise, no going back. Allah will punish us if we compromise on issue of Jos North Local Government Area….. in-sha Allah, we shall win over them this time around. We shall go forth (Jihad) Quran 3:39, 9:73”.
The desire of the Hausa/Fulani to take over and control Jos
North Local Government was strongly emphasized when in 1987,
Alhaji Sale Hassan, a Hausa/Fulani Community Leader in Jos
called upon the Jasawa Youth to rise and recover the rulership of
Jos which according to him slipped off the hands of their parents in
1945. This call was carried by the Reporter Newspaper of 13th
October, 1987 attached to memorandum JCI/J/33/2009 presented
by Jos Divisional Cultural Organisation as Appendix iv. In the said
Appendix iv, Alhaji Sale Hassan was quoted as saying:
“This is because the traditional title of Jos belongs to the Hausas and not any other tribe….. In 1945 when late Rwang Pam was made District Head of Jos, we protested and we were assured that the Jos Traditional Rulership would be restored to us but up to today, that promise has not been fulfilled. The Youth must struggle to recover the Jos traditional title because when our great grand parents were brought here, Jos was under Bauchi…..”
Ever since that call, Jos has not known peace. It has been
one crisis after the other. The struggle to ‘recover’ Jos traditional
title has not been peaceful. It is probably due to this struggle to
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recover the traditional title of Jos by the Hausa/Fulani with the aim
of taking over and dominating Jos North that Alhaji Inuwa Ali, a
member of the Hausa/Fulani Community in Jos has been parading
himself about as the Emir of Jos even though the paramount ruler
of Jos is the Gbong Gwom Jos. Jos Divisional cultural
Organisation (JODICO) in its memorandum JCI/J/33/2009 stated
on page 12, of the memorandum as follows:
“The antecedents of Inuwa Ali from Kano State, a settler in Jos points to other causes of the crisis of recent, he has been parading himself as Emir of Jos, a magnanimous beneficiary of the traditional title of Turakin Jos has gone beyond bounds to issue out titles to other Hausa settlers in Jos an action all right thinking people see as a dire confrontation to the authority of His Majesty, Da Victor Pam (DIG) (rtd) Gbong Gwom Jos”.
The invitation letter to the turbaning of these titles holders
appointed by Alhaji Inuwa Ali is Appendix III attached to the
memorandum of JODICO. It contains the list of the title holders in
question and all Ward Heads under Alhaji Inuwa Ali. Appointment
of Ward Heads as well is an indication that Alhaji Inuwa Ali had
established his own traditional council independent of the Gbong
Gwom Jos, the paramount ruler of Jos, which confirms the
assertion that he is indeed parading himself about as Emir of Jos,
a confrontation to the Gbong Gwom Jos. The indigenous tribes,
understandably have not taken kindly to this posture and this has
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resulted in a bitter struggle for the control of Jos, a source of the
incessant friction in Jos. As can be seen this desire to expand
frontiers, take over and control Jos North is a motivating factor in
the adoption of any means, including even the use of religious
sentiments and violence to achieve this goal.
It has been forcefully stressed before the Commission that
the desire of the Hausa/Fulani is to Islamize not only Jos but the
entire Plateau State and Nigeria as a whole. One of the many
persons who canvassed this position before the Commission is Mr.
Jidauna Joel Gukas who presented memorandum JCI/J/13/2009.
Jidauna Joel Gukas stated on page 4 of his memorandum as
follows:
“What happened in Jos city on 28th November, 2008 was climax of a long pre-planned thing, a plan by the Hausa settlers in Jos to dominate and completely annihilate Plateau State indigenes (a mad day time dream) to complete the Jihad Usman Dan Fodio tried on the Plateau in 1873 but failed woefully….”
Jidauna Joel Gukas then went on to refer to the Guardian
Newspaper of 25th September, 2001 which he attached to his
memorandum wherein Dr. Hassan Dati Ahmad (Chairman
Supreme Council for Sharia in Nigeria(SCSN) was quoted as
saying that Sharia law should be implemented in Plateau State.
Mr. Gukas wondered why Sharia law should be implemented in
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Plateau State which is a predominantly Christian State if not for
the desire of the Hausa/Fulani Muslims to Islamize Plateau State.
Laranto Berom Community which presented memorandum
JCI/J/149/2009 also share the view of Jidauna Joel Gukas. The
Community referred to a leaflet written by one Idris Ibn
Mohammed for Joint Islamic Committee on behalf of Al-Qaeda
Network and Islamic Revolutionary Community of Nigeria in
conjunction with Jasawa Development Association, Plateau State
which it attached to its memorandum. The leaflet is headed “why
we must carry out a Jihad in Plateau State” and it is stated
therein as follows:
“We write again to remind prominent Islamic Leaders like you the reason why we must continue the Jihad in Plateau State”.
However, Alhaji Garba Mohammed Jos who presented
memorandum JCI/J/221/2009 before the Commission and
Barrister A.A. Ibrahim who also presented memorandum
JCI/J/215/2009 think otherwise. According to the duo, religion is
not in issue but rather it was a case of manipulation of religion to
achieve an entirely selfish agenda. Alhaji Garba Mohammed Jos
who presented memorandum JCI/J/221/2009 stated therein as
follows:
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“One way in which they cleverly gain recognition is by attaching themselves to a recognised Islamic Organisation such as JNI (Jama’atu Nasril Islam) etc so as to enhance their illegal activities…. Whenever they are challenged, it is claimed that the Muslims on the Plateau are discriminated against. The indigenes had to attach themselves to CAN alerting it since they have no alternative, This is the only way religion came in. But there is no religion involved at all but politics and Chieftaincy and this is what should be tackled”.
Barrister A.A Ibrahim in his memorandum JCI/J/215/2009
stated as follows:
“From my personal interaction and observation, the frequent crises in Plateau have nothing to do with religion. Religion is only co-incidental factor used deceitfully as a weapon to achieve selfish and ungodly ambitions interests by both parties…. The main factor for these crises as at today is economic empowerment which has created business and material gap between followers of the two religions”.
From the foregoing, the Commission finds that religion was
not the main issue but was an issue that was exploited by both
sides to achieve other goals. Religion was merely injected into the
crisis to inflame passions and mobilize members for a crises which
sole aim was to serve economic and political interests of the
perpetrators. After all no religion preaches violence and none
sanctions destruction of lives and properties. If the perpetrators of
the crisis are actually religious, there would have been no crisis in
the first place. The reason for the crisis can be anything but
certainly not religion because there is no common philosophy
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between religion and the violence which was witnessed during the
November 28th Unrest.
3.8 The Quest for Economic Dominance of Jos North by the
Hausa/Fulani
The struggle to take over, control and dominate Jos North is
not an end in itself. Certainly, it is just but a means to an end.
Why are both parties struggling so much, even violently, to control
and dominate Jos North? The reasons are not far fetched.
Human Rights Watch think the reason behind the crisis is purely
economic. In its memorandum JCI/J/147/2009 presented by Eric
Guttschuss, Human Rights stated therein as follows:
“religious, political and ethnic disputes often serve as mere proxies for the severe economic pressures that lie beneath the surface”.
Indeed the quest to pursue a tribal agenda or political
domination of any given environment are all aimed at getting
economic advantage. Everything boils down to economic benefit
at the expense of opponents. If there is the need to struggle, even
violently, to gain control and dominate Jos North, it is for the
purpose of gaining the economic upper- hand. What confirms this
fact is the testimonies of many witnesses who testified before the
Commission that shortly after their houses were burnt, offers were
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made to them by the Hausa/Fulani to buy these burnt landed
properties cheaply.
That was the testimony of Pastor O.J. Iregbu, Commission
witness 172 who presented memorandum JCI/J/08/2009.
According to the Witness, offers were made for the purchase of
the land, property of Effective International College, situated in the
midst of Hausa/Fulani Muslims at Ubiyal Katako Junction, Jos but
the offers were turned down. However, during the November, 28th
Civil Unrest, structures on the land were destroyed by the
Hausa/Fulani Youth. That was also the testimony of Commission
witness 170 Mr. James Olukayode Obaleye who presented
memorandum JCI/J/217/2009. The evidence of James Olukayode
Obaleye is as follows:
“By the time I returned to see the situation of the house, it was only our house that was standing. Virtually every dwelling house on this street was raised down. The houses left are the very few belonging to certain Hausa/Fulani occupants. I then had entrusted my house to a Hausa man. We have lived with him for 15 years. The Hausa man who I have known as one Mohammed told me certain people wanted to buy the house. I refused. He later approached me to say they wanted to rent, I still declined. Not long after my house was burgled. Some of the items were recovered in Mohammed’s house. Thereafter when it became obvious that they could not take over my house, they decided to set it on fire, being the only house standing after the incident of 28th November, 2008.
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There were even cases of outright breaking, entry, stealing
and looting of properties as in the case of Mr. A.I Ogbagbe who
presented memorandum JCI/J/169/2009. Mr. A.I. Ogbagbe
stated in his memorandum as follows:
“The riot erupted in Ali Kazaure area of Jos in Jos North Local Government Area of Plateau State around 5:00 am on Friday 28th November, 2008. I went to my shop later in the day and to my utmost dismay, I discovered that my shop had been broken open and bags of Akpu I stored in my shop had been stolen and removed from the shop”.
That was also the story of Mrs. Dorathy Ogbonna who
presented memorandum JCI/J/171/2009 and narrated her story as
follows:
“My name is Dorathy Ogbonna, I am a dealer in Gari. My shop is located at Kasuwan Nama, shop No. 3. It happened on Friday 28th November, 2008, I discovered that my shop had been broken open and all items in the shop removed and stolen”.
The zeal to expand territories even by means of burning and
buying over of peoples properties, or even outright stealing and
looting, brings to the fore the economic motive of many of the
active participants of the Unrest.
One fact which Human Rights Watch also pointed out is the
fact that poverty and unemployment have both become
widespread and severe in Nigeria such that competition for scarce
opportunities to secure Government jobs, education and political
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patronages has intensified dramatically. This situation had led to
economic destitution and desperation and if not curbed will
continue to play a very negative role in crisis situations. If the
citizenry are economically comfortable, the temptation to engage
in purely criminal activities in the name of “a struggle against
marginalisation” will be less pronounced. There is the need for
Government, not only at the state level alone, but particularly at
the national level to seriously address the issue of economic
depravity and social insecurity.
3.9 Influx of People into Jos
One disturbing fact about the November 28th civil Unrest in
Jos is the evidence that “mercenaries” were brought into Jos from
neighbouring states and even neighbouring countries to prosecute
the civil Unrest. National Association of Afizere Youth Movement
in its memorandum JCI/J/95/2009 presented by its National
President and Commission witness 97, Engr. Yakubu Ashoms
stated on page 15 of the memorandum as follows:
“Weeks before the November 27th Local Government Polls, there were influx of large number of Hausa/Fulani from neighbouring states, notably Bauchi State. This was with the intent of adding to the voting and fighting strength of the Hausa/Fulani during the Polls (as the case at old Lamingo road, Jos in May, 2002). These people masqueraded as
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water vendors, commercial motor cycle riders and scavengers. Apart from over-stretching existing facilities like roads, water supply etc, they constituted a menace whenever found in clusters especially Bauchi Road and adjoining streets”.
Another piece of evidence was the arrest of 26 heavily
armed persons on the 1st January, 2009 at a Military check-point in
Jos. This news was reported by several Newspapers and
magazines among which are Guardian Newspaper of 3rd January,
2009 tendered as Exhibit JCI/J/155/2009/3 in memorandum
JCI/J/155/2009 presented by Mr. John Likita Mwanle Best and
News Gate Magazine of 15th January, 2009 which is Exhibit G
attached to memorandum JCI/J/65/2009 presented by Berom
Patriotic Forum. News gate Magazine reported on page 5 as
follows:
“The mercenaries were caught with sophisticated weapons ranging from AK 47, assorted guns, several pistols, daggers, amulets and charms including Army and Police uniforms, Military boots, teargas and other weapons. On their heads were caps with inscription like “war, “fire”, Islamic warriors”, “JNI’ and other inscriptions. They had badges of the Nigeria Army on their uniforms”.
This Day Newspaper of 27th December, 2008 which is
Exhibit JCI/J/40/2009/7 tendered in memorandum JCI/J/40/2009
presented by Berom Elders Council quoted Governor David Jonah
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Jang of Plateau State as saying that 50 of the 530 persons
arrested by the Police in connection with November 28th civil
Unrest in Jos were foreigners and were caught in Military uniforms
armed with guns.
Mr. E.A. Gbuuga, the Comptroller of Immigration Services,
Plateau State Command responded to the Commission’s invitation
to appear before it and gave evidence. He submitted a written
response which is Exhibit SG1. In his submission the Comptroller
of Immigration Service, Plateau State stated that the Nigeria
Immigration Service, Plateau State was not invited to be part of the
security arrangements for the Local Government election and was
not also invited to be part of the Security Council meeting before,
during and after the crisis but when he heard allegations of foreign
nationals involvement in the crisis, he wrote a letter to the
Comptroller of Prisons in Jos to allow him screen and determine
the immigration status of the alleged foreigners. The Controller of
Prisons on the strength of the request forwarded a list of 76
suspected foreigners to him and he constituted a six member
Committee to screen the suspects to determine their immigration
status and 7 persons out of the 76 suspected foreigners were
found out to be foreigners. Of the 7 foreigners, 6 are from Niger
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Republic while 1 is from Chad Republic. Again on the 8th January,
2009, C.P. Abiola Odion of General Investigation Department,
Force C.I.D Abuja investigating the civil Unrest in Jos requested
the Controller of Immigration in Jos to assist the Police to screen
16 suspected foreign nationals and it was discovered that all the
16 persons are Nigeriens from Niger Republic but none of them
had any form of travel documents and were discovered to be
illegally residing in Nigeria.
According to E.A Gbuuga, all those foreigners entered
Nigeria illegally because of the porous nature of Nigerian borders
which has compelled Nigeria Immigration Service High Command
to propose to the Federal Executive Council the construction of
147 passport control plazas at the recognized border posts in the
country.
This report by the Comptroller of Immigration Service in Jos
confirms the presence of foreigners residing illegally in Jos and
even though the number may not be as many as was reported in
the press, the number may not also be as few as the figure given
by the Immigration Service because there is no evidence that the
Immigration Service screened all those arrested in connection with
the crisis. The Police in its response through C.P Samson V.
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Wudah, the Commissioner of Police, Plateau State at the time of
the crisis and who was transferred to Force Headquarters, Abuja
shortly after the crisis stated that some foreigners were arrested
during the crisis but their level of involvement in the crisis has not
yet been determined because those arrested during the crisis have
been charged to court but the cases are still pending. He said the
investigation into the case of the 26 armed persons arrested in Jos
on the 1st of January, 2009 at UTC Junction has been transferred
to Force Headquarters, Abuja and they have been charged to
court in Abuja.
The presence of large number of illegal immigrants in any
place at all is not an encouraging news. The evidence placed
before this Commission is that there were illegal immigrants in Jos
at the time of the civil Unrest in Jos and in crisis situations,
anything can happen. We think that a large presence and even
influx of people from other states into Jos shortly before and during
the Unrest is a pointer to the fact that the Unrest has a connection
with the influx of people. Even though the Commission could not
ascertain the evidence as to whether these were in the main,
illegal aliens or “mercenaries”. The porous nature of our borders
which permits the influx of illegal foreigners into Nigeria is a major
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cause for concern which needs to be addressed for the security of
every part of Nigeria.
3.10 Lack of prompt response by the security forces
One fact which ran through some memoranda presented
before the Commission was the fact that the Police and the Military
who eventually intervened and brought the situation under control
did so belatedly after the perpetrators of the crisis had had a field
day causing havoc to lives and properties. The argument put
forward is that the security forces did not respond at all or where
they responded, it was too late. Izu Umuna Cultural Association,
Jos in its memorandum JCI/J/160/2009 stated on page 2,
paragraph 7 that “while the attack lasted, distress calls to the
Police were not responded to”.
On his own part, Pastor Godwin Okeke presiding Pastor of
Jesus Total Liberation Mission, Jos who presented memorandum
JCI/J/132/2009 on behalf of the Church stated on page 4 of the
memorandum that:
“the Jos riot of 28th November, 2008 was also aided by the security lapses from the security operatives in the State for example, I met the Police Patrol Teams, I told them what was happening in the Church, that some people were in with guns and some ammunitions but they didn’t give me attention. Consequently the attackers had enough time to
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execute their evil plans not only burning the Church, but pulling down the walls”.
Mr. Sunday Gomper who submitted and presented
memorandum JCI/J/91/2009 stated on page 19 of his
memorandum as follows:
“The defenceless citizens made frantic effort to access security men to give them protection but to no avail, it was a total collapse of the security network”.
There were many of such complaints from various
Witnesses.
Apart from complaints of lack of prompt response or total
inaction on the part of the security forces, there was also a
complaint of alleged excessive use of force and arbitrary killings
level against the security forces. This complaint was by the
Human Rights Watch which presented memorandum JCI/J/
147/2009 and stated on page 1 of same as follows:
“On November 28th – 29th, 2008, deadly clashes between Muslim and Christian mobs and the excessive use of force by security forces left hundreds dead in Jos, Plateau State… In responding to the inter-communal violence, the Nigeria Police and Military were implicated in more than 130 arbitrary killings, mostly of young Muslim men from Hausa/Fulani ethnic groups. Human Rights Watch documented 133 killings but believes that the actual number of arbitrary killings by security forces may be substantially higher than these figures….. The vast majority of the killings by the Police and Military came on November, 29th, the same
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day that Plateau State Governor Jonah Jang issued a “shoot-on-sight order to security forces”.
However, this allegation of excessive use of force and
arbitrary killings by the security forces following an alleged “shoot-
on-sight” order to the security forces from Plateau State Governor
Jonah Jang was based on evidence which the presenter say, was
gotten from unnamed sources. Mr. Eric Guttschuss who
presented the Memorandum of Human Rights Watch admitted
under cross examination that he came to Nigeria on 3rd December,
2009, many days after the crisis and he relied heavily on the
evidence of unnamed persons who therefore could not be called to
corroborate or confirm the evidence before the Commission. As
for the “shoot-on-sight order” allegedly issued by Governor Jonah
Jang, Eric Guttschuss also admitted under cross examination that
he did not see the statement containing the “shoot-on-sight-order”.
However, the address by Governor Jonah Jang to the people of
Plateau State following the civil disturbances in Jos on Friday, 28th
November, 2008 was tendered before the Commission. The
address is annexure C.1 attached to the response of Mr. Samson
Jidauna Dimka, Secretary to the Plateau State Government to the
Commission. The response itself was tendered before the
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Commission and admitted in evidence as exhibit JCI/J/2009/ S.J.1.
What the Governor actually stated in the statement is as follows:
“The security details are under instruction to return fire-for-fire from any person or group disturbing the peace”.
The Commission found elsewhere in this report that the
parties to the Unrest used sophisticated weapons during the crisis.
Certainly, where a mob is heavily armed and has attacked the
security forces and where deadly force is being used and their
lives are threatened with death, it is believed that the security
forces will always be guided by their rules of engagement under
such circumstances. In any case, the security forces denied the
allegation of excessive use of force and arbitrary killings or even
receiving any `shoot-on-sight’ order from the Governor. C.P
Samson V. Wudah, Plateau State Commissioner of Police at the
time of the Unrest in his response before the Commission stated
as follows:
“There was never a time when such order was given to me either verbally or in writing. Neither did I give shoot-at-sight-order to any Police officer during the crisis. The whole operation was guided by operation order”.
Even the Human Rights Watch emphasised the fact that the
Army and Police authorities denied the fact of excessive use of
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force and arbitrary killings. Human Rights Watch stated in its
memorandum as follows:
“Senior Police and Military officials interviewed by Human Rights Watch in December denied having received any reports of their forces being involved in arbitrary killings during the violence. Assistant Commissioner of Police, Oga Ero said “we have received no report at Police High Command that Police were killing people”, Brigadier Emeka Onwuamaegbu likewise informed Human Rights Watch that “ I have no evidence or information that Nigerian Soldiers were involved in any arbitrary killings”.
Against the background of these denials, mention must be
made of the cases of armed persons who though not security
personnel, were arrested wearing fake Military and Police
uniforms. C.P. Samson V. Wudah on this point stated as follows:
“When their houses were searched on 30th November, 2008, an Army Camouflage uniform, a single barrel gun cartridge and three boots were recovered. Also an elderly man was once brought to my office by D.P.O Laranto who alleged that seventeen boys were murdered by some men in uniform. Their uniforms according to him were slightly in between Army and Immigration…. They were reported to have a video machine with which they film the corpses”.
With these kind of evidence, the alleged excessive use of
force and arbitrary killings by the Nigeria security forces becomes
uncertain, as these could have been by the alleged persons in
fake Military uniforms. It is a possibility that the alleged arbitrary
killings were done by persons impersonating security forces.
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Nevertheless, the allegations are grave and worthy of proper
investigation.
These allegations not withstanding, the security forces were
credited with having brought the civil Unrest under control. The
Police responding through CP Samson Wudah, the then
Commissioner of Police, Plateau State stated that there was
enough deployment of Policemen to maintain security all over the
state during the election and when the Unrest broke out, sufficient
re-enforcement was brought in from neighbouring states to assist
Plateau State Command and the Police did their best but
inadequate logistics affected the overall performance of the
Command during the Unrest. This excuse apart, the Commission
is not unaware of the fact that the State Governor, though the
Chief Security Officer of the State, is not the Commander in Chief
of the Armed Forces and cannot on his own without the permission
of the Commander-in-Chief order the deployment of troops. This
reason in addition to logistics problems of the Police must have
also affected the swift intervention of the security forces during the
crisis.
If these lapses are identified and rectified by the authorities,
we will have a functional and responsive Military and Police force
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whose services are very relevant in crisis situations. Without a
functional and responsive network of Police and Military personnel,
crisis such as that of 28th November, 2008 cannot be effectively
and promptly curtailed. Lack of prompt response by the security
forces is a sure remote cause of the Unrest.
3.11 Blockage of roads during hours of worship
In memorandum JCI/J/145/2009 by Professor D.N.
Wambutda, the presenter stated therein that:
“I wish to strongly suggest that the closing of roads for worship on both Friday and Sunday be stopped forth with, otherwise we shall see more religious riots. The reason is simple. The roads are built by tax payer’s money including non-believers. It is very inconvenient running into unexpected stoppages. More land should be made available to build more Mosques and Churches”.
In Memorandum JCI/J/37/2009 by the NGAS Development
Association, Jos North Branch, it was expressed in their
recommendations that:
“The Law as passed by State House of Assembly against blocking of road during Worship should be enforced…..”
Blockage of roads during religious worships by both Muslims
and Christians featured very prominently during the Niki Tobi
Commission of Inquiry set up to investigate the September 7 th,
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2001 civil Unrest. Indeed blockage of roads during religious
worships was an immediate cause of the 2001 civil Unrest. It was
for this reason that Justice Niki Tobi Commission in its report
recommended very strongly that the Government should ban and
enforce the banning of the blockage of public roads by both
Christians and Muslims for prayers and other religious purposes,
because according to the Commission, the practice is illegal and
oppressive to members of the public and creates unnecessary
tension and acrimony among different religious groupings. We
have earlier pointed out that the recommendations of all previous
Commissions of Inquiry were not implemented. That it has been
identified by several memoranda as a remote cause of the
November, 28th Unrest is an indication that the practice still
persist. This practice will continue to create tension and acrimony
among the different religious groupings in Jos and it is this built-up
and accumulated tension that is one of the remote cause of the
November 28th civil Unrest and if not curtailed, will continue to
cause more conflicts.
3.12 Unemployment and poverty
What is not at all in doubt is the fact that the crisis of
28th November, 2008 and indeed others before it were prosecuted
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by the youths on both sides of the divide. Residents of Angwan
Dalyop, a neighbourhood of Ali Kazaure where the crisis started,
presented memorandum JCI/J/140/2009 and stated on page 4 of
the memorandum as follows:
“The crisis in Angwan Dalyop Pam-Osumenyi axis started at about 6:00 am on Friday 28th November, 2008. There was sudden pandemonium as residents were woken by the sudden mass movement of Hausa Youth brandishing dangerous weapons such as cutlasses, swords, machetes, clubs, bows and arrows and later guns. Some of these youth were identified to be residents of Ali Kazaure, Angwan Dalyop Pam, Angwan Rogo and environs----We were also able to learn from one Ahmadu Ali Kazaure that most of the armed militants were from Gangare in Jos. Along the main road, Ali Kazaure Street the armed youth dashed to Chorbe Junction, Fatima Church area with others numbering over a hundred stationing themselves in front of No. 5 Ali Kazaure Street (Mathias Zira’s house) and others at the gate of Fatima Cathedral Church. Residents, terror-stricken, watched as those from Chorbe returned looking more fierce and aggressive, more determine to unleash havoc on residents and home. As the Hausa/Youth advance towards Angwan Dalyop Pam via Federal Hotels resident youth grouped and stood by the way realizing that their homes were the target”.
That was the story all over Jos. The youths were the ones
prosecuting the civil Unrest which caused a colossal loss of lives
and properties.
The problem is that a large proportion of our youths all over
the country are predominantly unemployed. A larger proportion
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still, are not only unemployed, but uneducated and not in school.
This is more particularly so in Northern Nigeria where the almagiri
system is a common practice. Mr. Sunday Gomper who presented
memorandum JCI/J/91/2009 described the almajiri system as a
“Northern phenomenon where parents give up their children of
school age to a cleric to travel to distant places on discipleship
training”.
The system according to Mr. Gomper deprives the
youngsters of formal education and the trainees have to embark
on begging for alms and gifts of left over food for their survival.
The Children of the less privilege people in society, Mr. Gomper
further said, are the ones that undergo this training and
indoctrination. He concluded that:
“the events in the crises in Jos and others all over the Northern part of the country showed the involvement of the almajiris who were used by their sponsors to kill, maim, loot and vandalize properties of victims while the almajiris ended up being cannon-fodders of their sponsors in the event of reprisal attacks while the children of the faceless sponsors are far away in London or America pursuing their studies”.
The sum total of the whole situation is that we have a large
body of unemployed and idle youths who are ready tools in the
hands of misguided Nigerians who will always use them to foment
trouble for their own selfish ends. One sure example of this is the
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use of our idle unemployed and uneducated youths for political
hugger by politicians.
Added to this problem is the issue of poverty which Plateau
Patriots who presented memorandum JCI/J/72/2009 stated on
page 20 thereof as having reduced the proverbial future leaders to
a state of desolation and abject poverty and this has challenged
the state of security, law and order in Northern Nigeria. The
Plateau Patriots further stressed that the country cannot progress
if at the slightest discomfort, youth are mobilised and armed with
gallons of costly inflammables to burn down holy sites, homes,
business premises and industries in one breath. The Plateau
Patriots made copious reference to a survey carried out by Daily
Trust Newspapers on the state of political hugger in Northern
Nigeria. The survey titled “The rise and rise of political hugger in
Northern Nigeria” was published in Weekly Trust of 10th May,
2008. The report, according to the Plateau Patriots reveals how
politicians trained and armed youths as thugs, use them and later
dump them meanwhile these dangerous youths have since taken
a life of their own and are now unleashing violence on innocent
citizens and of course will be easily available at a small fee in any
part of Nigeria at the behest of corrupt and desperate political and
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religious “entrepreneurs”. The Plateau Patriots quoted Weekly
Trust as stating that the youths have become really dangerous and
are spread all over Northern Nigeria. They are known as sara-
suka (hack and stab) in Bauchi, Yan Kalare in Gombe, Yan daba
in Kano, Ecomog in Borno, Kauraye in Kaduna and Katsina States
and Area Boys in Sokoto. These armed youth are often
dehumanised, callous and often under the influence of drugs.
They can do anything. That is why according to the Weekly Trust,
when the sara-suka in Bauchi came to a house looking for
kwarasa, a member of a rival group, and could not find him, they
turned on Jummai an innocent pregnant tenant in the house and
threw her into the well.
That is the level to which our youth have degenerated. The
sara-suka was alleged to have entered a Mosque and dragged out
one worshiper who they accused of belonging to a rival group.
They are indeed uncontrollable. Not even their mentors can call
them to order.
This is the sad state of our youth all due to poverty,
unemployment, lack of social security, drug addiction and youth
restiveness. It is no surprise therefore that it was the youth that
prosecuted the civil Unrest of 28th November, 2008. The blame
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certainly is as a result of all these social vices which need to be
addressed and tackled. The youth who are the leaders of
tomorrow are today destroying their tomorrow and the future is
bleak.
3.13 Illegal proliferation of arms, weapons and use of military
uniforms.
A review of all the testimonies of Witnesses and memoranda
presented before the Commission reveals that a large quantity of
arms and weapons were used in the prosecution of the civil Unrest
of 28th November, 2008 and this perhaps explains the magnitude
of the crisis. According to Nasarawa Baptist Church, Jos which
presented memorandum JCI/J/53/2009, those who attacked the
Church and its members came “with all sorts of dangerous
weapons like guns, machetes, clubs, daggers, sticks and petrol in
gallons”. Apostolic Living Faith Church, Jos which presented
memorandum JCI/J/55/2009 stated on page 2 of its memorandum
as follows:
“within few minutes, we saw some boys they were in groups, in their hands they were holding guns, bows, arrows, cutlasses, axes, gallons and series of things”.
As for members of Methodist Church of Nigeria, Jos Diocese
who presented memorandum JCI/J/62/2009, they were woken up
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by shouts of Allahu-Akbar and sporadic gun shots while the
presenters of memorandum JCI/J/81/2009, Du Elders Council,
said the Muslim youth who were in groups attacking residents of
Katako, Chwelnyap, Nasarawa Gwong, Dogon Dutse and Ubiyal
areas of Jos were carrying dangerous weapons including guns.
The story was same all over, the use of dangerous weapons to
prosecute the civil Unrest.
In some cases, the attackers apart from being armed with
dangerous weapons also wore fake Military uniforms. P.D.P
Elders, Plateau State Chapter which presented memorandum
JCI/J/76/2009 stated on page 6 of its memorandum as follows:
“Military/Mobile Police uniforms were procured along with guns/ammunition all prior to November 27th. Fortunately a number of fake Soldiers/Policemen were arrested. Unless those who procured the uniforms/equipment are fished out and prosecuted, any inquest in Jos North crisis would be exercise in futility”
The possibility of this problem was brought to the fore by the
evidence of Nigeria Custom Service that it seized a large
consignment of Military camouflage uniform materials concealed in
a luxurious Bus travelling from the Eastern part of Nigeria to
Plateau State and handed same over to the Police, albeit that this
was after the Unrest of 28th November, 2008. This evidence is
contained in the response of Nigeria Customs Service to this
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Commission which was tendered and admitted as Exhibit
JCI/J/2009/S.H 1.
If the fact that the perpetrators of the civil Unrest of 28th
November, 2009 wore Military uniforms and were armed with very
sophisticated weapons is worrisome, what is far more worrisome is
the fact that some of these sophisticated weapons of destruction
were manufactured in Yan -Tinka Market of Jos. That was the
evidence of organisation of African Institute Churches which
presented memorandum JCI/J/30/2009. According to the Church,
“most of the locally made weapons used in the 2001 and the 2008
crises were manufactured at Yan – Tinka Market, in Dilimi area of
Jos”.
The fact that the perpetrators of the crisis used fake Military
uniforms and were armed with very dangerous weapons is an
indication that the crisis was carefully planned and financed. Dr.
Charles Gonyok who presented memorandum JCI/J/31/2009
stated this fact in his Memorandum on page 14 as follows:
“the calibre of weapons used, the uniform worn by the arsonists, the manner the rampage was organised all point to the fact that the perpetrators of the violence had taken their time to plan it”.
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It is very obvious then that arms, weapons and Military
uniforms have been either manufactured and/or imported and
stockpiled for the purpose of igniting the crisis. The Commission
cannot but agree with Methodists Church of Nigeria, Jos Diocese
which presented memorandum JCI/J/62/2009 and stated on page
9 of its memorandum that “we have reason to believe that
government and security agencies should be alerted on the
importation of fire arms into Jos North”.
If Military uniforms, arms and ammunitions have not been
stock pilled for the purpose of igniting a crisis, such materials
would not have been readily used during the Unrest. The
availability of Military uniforms and dangerous weapons is itself a
major remote cause of the crisis. Indeed without these items, the
crisis would not have started abruptly and spontaneously in
different places and it would have been much easier for the
security forces to contend the situation. The heavy reliance on
Military uniform and dangerous weapons in a purely civil Unrest of
this nature is a great cause for concern. This is more particularly
so as the level of sophistication in the use of arms and ammunition
has kept escalating since crises commenced in 1994.
3.14 Political marginalisation
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One fact which attracted a lot of prominence in the
presentation before the Commission is the issue of marginalization
which in fact is a multi dimensional complaint. On one hand are
the Hausa/Fulani who are complaining of being discriminated
against and marginalized by indigenes of Plateau State. In an
advertorial published in Daily Trust of January 12, 2009 by Hausa-
Fulani Elders Forum which was tendered as Exhibit
JCI/J/135/2009/4 in the memorandum of Justice, Peace and
Reconciliation Movement, the Hausa/Fulani Elders stated as
follows:
“we have been branded and condemned as “settlers” which according to their policy disqualifies our children from getting indigene certificate which also paves the way for extensive exploitation of our people socially, economically and politically by the “indigenes” ------- we have been denied the right to participate fully in politics by creating a situation whereby we may only vote for “indigenes” but impossible to be freely voted for despite our numerical strength. We have no doubt that we are the most discriminated against and worst maltreated Nigerians”
However, the indigenes think differently. The indigenes on
the other hand think the Hausa/Fulani are having both sides of the
world by taking appointments in their home states and come back
to Plateau and take appointments that are meant for the indigenes
leaving the indigenes empty handed.
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The indigenes contended that in Hausa-Fulani States, it is not
possible for people of Plateau State residing there to get any
appointment as is the case of the Hausa/Fulani who have enjoyed
appointments in Plateau State. In the words of National
Association of Afizere Youth Movement in their memorandum
JCI/J/95/2009,
“previous Commissions of Inquiry reports showed that Jos belong to Anaguta, Afizere and Berom. However, with key state and Federal political positions reserved for Jos North occupied by the Hausa-Fulani Muslims (Baba Hassan, Jos North-North State House of Assembly, Samiala Mohammed, Jos North/Bassa Federal House of Representatives and Ibrahim D. Nakande, former Minister of Information), all they eagerly desire was Chairmanship of Jos North to tell the whole world they own Jos. The Hausa/Fulani fail to understand that the aforementioned political office holders were allowed to be due to the spirit of brotherliness, peaceful co-existence and give and take inherent in the three indigenous tribes”.
According to Jos Divisional Cultural Organisation (JODICO)
in its memorandum JCI/J/33/2009, the Hausa immigrants in Jos
have enjoyed unfettered political representation in Jos. The
Association cited the likes of Alhaji Inuwa Ali, Baba Akawu, Alhaji
Danladi, Inuwa Adda, Shehu Sale Hassan, Samaila Mohammed,
former Chairman, Jos North Local Government who is currently
representing Jos North/Bassa Federal Constituency in the House
of Representatives, Ibrahim Baba Hassan currently Deputy
Speaker, Plateau State House of Assembly, Alhaji Yaro Mairake,
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P.D.P Chairman Jos North, Alhaji Dankurma, former Chairman,
Muslim Pilgrims Welfare Board etc who have at one time or the
other received massive support from indigenes.
With all these appointments, sometimes at the expense of
the indigenes, Du Elders Council wondered why the Hausa/Fulani
should be complaining of marginalization. Du Elders Council
which presented memorandum JCI/J/8/2009 on page 21 stated as
follows:
“Although the Hausa people as settlers have benefited more than any other settler tribe in Jos, they have been complaining of marginalization which is completely false. They have won Chairmanship of Jos, they have had Minister on Plateau quota, House of Representative from Plateau etc, which no other settler has benefited while no Plateau indigenous tribe has ever enjoyed such privilege in any Hausa State no matter how long such a person has lived there”.
Mr. Jidauna J. Gukas who presented memorandum
JCI/J/13/2009 stated on page 12 of his memorandum that in 2003
general election, one Mr. Osita Obiri won election into Kano State
House of Assembly under the platform of P.D.P representing
Fagge Constituency but was denied the seat because Kano Hausa
indigenes protested that he is an “arna” and Timothy a Tiv man
from Benue State contested and won Councillorship position in
Tarauni Ward of Nasarawa L.G.C also on the platform of P.D.P but
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was not allowed because Hausas said he was a non-indigene
though 85% of people of Nasarawa Local Government Area in
Kano State are non-indigene settlers.
Another category of marginalization which was also
highlighted is the marginalization not against the Hausa/Fulani
alone but even marginalization of indigenes by the indigenes
which take the form of political appointments being concentrated to
members of a particular political group at the expense of all others
in the State.
From all these set of facts, it is therefore clear that
complaints of marginalisation is indeed multi dimensional and
parties on both sides to the crisis are accusing one another.
Whether there is indeed marginalization is another question.
Considering the calibre of appointments the Hausa/Fulani have
had in the past and are still having, we cannot at all agree with
them that they have been heavily marginalized and maltreated. If
it were so, they would not have been able to attain the positions
they occupied in the past and are still occupying. After all, they
are not the only non-indigenous tribes residing in Jos. There are
several other ethnic groups such as the Igbo, Yoruba and people
of South-South who have not complained of marginalization
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though there is no evidence that they have enjoyed any of such
positions as the Hausa/Fulani have enjoyed. If they, the
Hausa/Fulani can occupy these positions they have occupied,
these other tribes too are entitled to such privileges. They are also
Nigerians. The Hausas/Fulani cannot have their way all the time.
The justice of the situation is live and let live. With dialogue and
tolerance we can attain a lot of heights. We need not employ
violence to enforce our perceived rights. If every settler tribe on
the Plateau must have a fair share of appointments, the
Hausa/Fulani could not have gotten half of what they got. To
conclude that the Hausa/Fulani are marginalized in terms of
appointments while the other settler tribes have nothing at all will
amount to double standard and selective justice. What is good for
the goose is good for the gander. One would have thought that
the Hausa/Fulani in the spirit of fairness should demand that every
Nigerian in Jos should be treated fairly but that is not their
demand. With dialogue, mutual understanding and peaceful co-
existence, we can attain a united and just Jos where not only the
Hausa alone, but indeed all other settler Nigerians in Jos will be
accommodated in the scheme of things. It has been pointed out
that even in the Hausa/Fulani States, non indigenes are being
heavily discriminated against. The Hausa/Fulani while fighting for
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their rights in Jos should also champion a cause where all
Nigerians irrespective of their place of origin can reside in any part
of Nigeria and be treated fairly. To insist that everything should be
for the Hausa/Fulani and nothing for everybody cannot be a true
struggle against marginalization. It is at best a selfish demand.
It was suggested by the then Director of State Security
Services in Plateau State before the Commission that the
Hausa/Fulani should have been offered the position of Deputy
Chairman in the Jos North Local Government Chairmanship
election of 27th November, 2008 as a way of balancing the political
equation in Jos. As fair as that assertion was, it is not possible for
the Hausa/Fulani to be either Chairman or Deputy Chairman at all
times. They have been either Chairmen or Deputy Chairmen in
the past and at those times they were either Chairmen or Deputy
Chairmen, some other groups had nothing and now that some
other groups have those positions, they too may have nothing like
in the case of these other groups in the past. After all when these
other groups had nothing, heaven did not fall. People must
cultivate the spirit of give and take.
Sometimes, support for a particular political party by a group
determines what that group gets from the political party. If the
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Hausa/Fulani did not support P.D.P but another party, the
Hausa/Fulani cannot easily expect patronage from P.D.P if it
eventually wins. That probably is what Tula Berom (BECO)
University of Jos had in mind when they said about the practice of
the Hausa/Fulani in Jos in their memorandum JCI/J/34/2009 on
page 9 that:
“a Hausa man could claim to be a member of P.D.P but finds it very convenient to vote against his party for a fellow Hausa man in another party or better still fight and kill a P.D.P member in solidarity with his kith and kin in a different party. They will never vote any other person except their own irrespective of party affiliation and loyalty”.
However, a party can only nominate its candidate from an
area where it is likely to have support, otherwise it cannot win the
election.
We think that if the parties to the crisis are just and fair to
one another and embrace dialogue and negotiation, they will be
able to resolve the issue of marginalization without rancour. After
all, justice to one party at the expense of justice to all other parties
is a threat to justice everywhere.
3.15 Social issues:
The persistent violent crises in Jos metropolis since 1994
have not been without its negative effects. The crises have for
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instance affected negatively the relationship between the
Hausa/Fulani who are predominantly Muslims on one hand and
the indigenous tribes of the Plateau and other Nigerians resident in
Jos and are predominantly Christians on the other hand The
position of Hausa/Fulani Elders Forum on the November, 28th
Unrest is contained in Exhibit JCI/J/135/2009/4, an advertorial in
the Daily Trust Newspaper of 12th January, 2009. The advertorial
written in an angry, combative and abusive language accused the
indigenes and Government of Plateau State of common hatred for
the Hausa/Fulani of Plateau State. The Hausa/Fulani Elders
alleged that there is a careful design not only to marginalize and
discriminate against the Hausa/Fulani of Plateau State but even
terminate and eliminate all the Hausa/Fulani people. They
contended very vehemently in the advertorial that Jos town
belongs to the Hausa/Fulani people and if the people of Plateau
State do not want them, Jos North Local Government Area should
be merged with Bauchi State so that they will be under Bauchi
State instead of Plateau State. In their words:
“The Government and the so called “indigenes” are still busy talking about “settlers” and planning how to displace and totally eliminate them from Jos Township. How can we continue to live under this inhuman treatment? The only option open to us is to request for boundary adjustment to
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relocate to Bauchi State or any arrangement that will separate us from our persecutors at least to save our lives”.
The reaction of the indigenes and other Nigerians residents
in Jos North is no less combative, abusive and angry. They
labelled the Hausa/Fulani as an ungrateful group of settlers who
are arrogant and disrespectful to the host community. They
contended that the Hausa/Fulani are fighting everybody to take
over, control, dominate and Islamize Plateau State as a whole.
Tula Berom (BECO) University of Jos in their memorandum
JCI/J/34/2009 described the situation in the following words:
“A typical orientation among the Hausas is that they are superior to all indigenes and non-Hausa people and by extension, they must always lead them. The indigenes are predominantly non-Muslims and therefore labelled “arna” (infidels) who are only good for Hausa exploitation. No wonder, the Hausa continue to feed fat on the sweat and toil of the indigenes in commodity and farm produce markets as Commission agents and in motor parks as collectors of transport fares dressed in National Union of Road Transport Works uniform - - - we stand to be corrected on this point that the Hausa community in Jos is the most intolerant of all non- indigenes and other Nigerians politically, culturally and religiously. The Hausas have never accommodated any other ethnic group in their so-called dominated electoral wards neither have they ever supported indigenous cultural events and activities”.
As for the Igbo Community which presented memorandum
JCI/J/127/2009, the November 28th Unrest was:
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“premeditated, carefully planned and executed by the Hausa community in Jos to destroy the financial base of the Igbos in Jos, drive the Igbos away from Jos North Local Government Area, loot their moveable properties, annex or buy their immovable properties at ridiculously low price as was successfully done in 2001”. They viewed the November 28th crisis as “the execution of Hausa expansionist agenda which was aimed at gaining wider/firmer hold on Jos North Local Government Area”.
The Yoruba Community presented memorandum
JCI/J/202/2009 wherein it placed the cause of the November 28th
2008 Unrest at the doorstep of the Hausas who have expansionist
tendencies and have attacked and killed other residents,
destroyed their properties then offered to purchase the remnants
of the properties especially residential buildings at a paltry sum of
money.
The scenario then is that there is mutual suspicion and
mistrust, deep rooted misgivings, hatred, unforgiveness, anger and
the quest to revenge between the Hausa/Fulani on one hand and
the indigenous tribes of Plateau State as well as all other residents
of Jos on the other hand. This frosty relationship has led to
segregative settlements. Thus we have the predominantly
Hausa/Fulani Muslim dominated areas like Angwan Rogo, Ali
Kazaure, Gangare, Angwan Rimi, Bauchi Road etc, while Apata,
Jenta Adamu, Alheri, Tafawa Balewa, Rukuba Road etc are
dominated by indigenous tribes and other residents of Jos who are
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predominantly Christians. What has further worsened this
segregation is that the divisions are based on religious affiliations
with Christians on one side and Muslims on the other side. In
memorandum JCI/J/72/2009 presented by the Plateau Patriots,
the Association expressed its worries about the cleavages and
exclusiveness existing among the two parties in the Jos crisis
which is only capable of escalating the situation rather than
promoting peaceful co-existence between the two factions. The
association observed with a lot of concern on page 37 – 38 of its
memorandum as follows:
“The successive conflicts in Jos have brought sharp divisions between the Christians and Muslims. In fact it has resulted in self-imposed gerrymandering of Jos city into exclusive “safe” homes for each religion. Today Muslims in their numbers are crowded in Gangare, Angwan Rogo, Bauchi Road, Ali Kazaure, Yan Shanu, Tudun Wada and Dilimi. Most Yoruba Muslims are resident in fairly mixed area of Nasarawa Gwong. This has resulted in ghetto-ization of these settlements with serious security implications for the entire city. It is very difficult to conduct elections in such areas. Security agencies should also watch out for serious crime in those areas. They are suitable environment for sleeper cells of militant terrorists. There is therefore an urgent need for the authorities including government, security agencies, scholars, traditional rulers, conflict resolution practitioners and most importantly religious leaders to understand these phenomena and provide remedial lasting measure”.
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Tekan Youths fellowship which presented memorandum
JCI/J/67/2009 suggested a reintegration of the two parties in the
following words on page 14 of its Memorandum:
“Government should acquire open areas in exclusively dominated mono-ethnic/religious areas of the city centre for erection of housing estate that could house barracks and security agencies and even civilians so as to punctuate the tone of this none assimilation”.
Indeed, residents of Jos have divided themselves into two
warring irreconcilable factions and this itself is a remote cause of
the crisis. As long as the two communities continue to live apart,
there can be no genuine integration and reconciliation. This
posture will aggravate rather than calm down the tension and pave
the way for reconciliation. As long as this situation continues to
exist, there will be mutual suspicion, mistrust, deep rooted
misgiving, hatred, unforgiveness, anger and the desire to seek
revenge.
As a result of these segregative settlements which has
discouraged rather than encouraged integration and peaceful co-
existence among the different segments of Jos, suggestions have
been made on how best the situation can be addressed. One of
these suggestions is the provision of security post in strategic
areas within Jos city. In their recommendations, Berom elders
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Council which presented memorandum JCI/J/40/2009 suggested
on page 20 paragraph 11 of the memorandum as follows:
“For hot beds of crisis in Jos, for example, Kwararafa, Abba Na-Shehu, Dilimi, Ali Kazaure, Yan Keke, Rikkos and Gangare we strongly recommend that permanent security outfits be stationed within them to forestall any future break down of law and order”.
That was also the suggestion of Yoruba Community in Jos who in
their memorandum JCI/J/202/2009 suggested therein:
“that one way of attaining peace in Jos is “the construction of permanent security posts in any identified flash point in Jos Metropolis and its environs”.
According to the Community, Kaduna unrest was nipped in the
bud via such strategy. Indeed if there were security posts in the
identified flash points of Jos prior to the crisis of 28 th November,
2008, the crisis would have been effectively monitored and
contained with ease. The absence of such security posts led to an
escalation of the crisis as security forces could not monitor and
check the crisis effectively and promptly. As a matter of fact,
segregative settlements leading to growth of flash points and hot
beds of crisis is not a healthy development. The Yoruba
Community has urged the Government to discourage the
concentration of ethnic or religious group settlement. The
Commission thinks that a complete integration of residents of Jos
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irrespective of their religions or ethnic differences will go a long
way in fostering harmony and peaceful co-existence among them.
CHAPTER FOUR
4.0 Persons or groups of persons or organizations/ institutions directly responsible for the Unrest, their roles and sanctions and Persons/ Individuals, Organizations/Institutions indirectly responsible for the Unrest, their roles and sanctions.
This Chapter deals with the third term of reference of the
Commission which is to “identify individuals, groups of persons and
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institutions directly or indirectly responsible for the Unrest and their
roles in precipitating the Unrest and recommend appropriate
sanctions”. In dealing with these issues, the Commission shall for
ease of reference, divide this term of reference into two broad
headings viz:
i) Individuals, Groups of persons and Institutions directly responsible for the Unrest and their roles in precipitating the Unrest and appropriate sanctions.
ii) Individuals, Groups of persons and Institutions indirectly responsible for the Unrest and their roles in precipitating the Unrest and appropriate sanctions
4.1 Individuals, groups of persons and institutions directly responsible for the Unrest and their roles in precipitating the Unrest and appropriate sanctions.
From the various memoranda submitted to the Commission
and evidence led thereon the following persons, groups of persons
and institutions were alleged by witnesses and presenters of
memoranda before the Commission to be directly responsible for
the Unrest that engulfed Jos North Local Government Area of
Plateau State on the 28th November, 2008. The Commission noted
that some of the names of the alleged culprits given are not full
names, thus making identification difficult. The names as presented
by the witnesses are:
1) Hausa- Fulani Youth2) Dansabe Musa
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3) Madu 4) Mallam Murtala 5) Alhaji Wada6) Ibrahim Gambo.7) Usman.8) Abubakar.9) Awalu10) Dahiru11) Saidu12) Hausa Leaders and Elders 13) Aminu Mato, the ANPP Chairmanship candidate for the local
Government Election held on 27th November 2008.14) Alhaji Auwalu Mai Sugar15) The Police16) Honourable Nazifii Mohammed18) Members of Ulama19) The Mosque located opposite the Seminary gate
and behind the Seminary institution.20) The Mosque before Katoko Bridge and the one at Angwan
Rogo. 21) Mosques located in sarki Mangu and Masallacin Idi22) Muslim youth23) Usman Sanusi24) Ibrahim Haruna25) Alhaji Abdullahi 26) Salisu Kareng27) Ali28) Sheikh Sani Yahaya Jengre, a Muslim Cleric in Jos.29) Alhaji Danladi Pasali, former Chairmanship aspirant for Jos
North ( PDP)30) All Mercenaries, Alimajiris and foreign nationals arrested in the
battle field during the riot.31) The Tudun-Pera Mosque32) Bulbula Mosque33) The Imams of the 2 mosques34) Musa Sati35) Alhaji Musan Sati36) Alhaji Garba Abdulkadi.37) Alhaji Hassan Mohammed38) Alhaji Ali Abubakar39) Alhaji Ado M. Ibrahim40) Alhaji Ado Datti41) Alhaji Sabo I.Kebur
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42) Alhaji Usman Ladan43) Hussaini Paraguay44) Mohammed Sani Mudi45 Alhaji Usman Ibrahim Abubakar 46) Moses Rwang Dung 48) Hon. Abdul Ningi MHR 49) Ahmadu Laushi50) Alhaji Auwalu Yelwa 51) Jama’atul Nasril Islam (JNI), Jos North52) Alhaji Abba53.) Ibrahim Mohammed, National Museum , Jos54) Mallam Idris Abdul 55) Mohammed Usman 56) Alhaji Salihu Mohammed57) Mohammed Adam58) Mallam Hassan Bazza59) Mijin Patu Mai Itace60) Baba Audu Miango61) Baba Maigemu Rikkos62) Buhari (the son of Alhaji Bala).63) Shehu Bala64) Aminu Umar65) Senator Kazaure (a.k.a)66) Abubakar Dashe (Witness)66) Entire Muslim youth residing within the Old Mining Camp . 67) Entire Muslim Elders residing within the Old Mining
Camp.68) Mallam Musa Gwani, the Imam of the small mosque within
the old mining camp.69) Babawo Nakasa.70) Dogon Tonga.71) Bala Scroll Mai Ido Daya.72) Uzu (Youger brother to Shaibu).73) Yusuf Garba.74) Alhaji Garba Bude Ido.75) Tyson Danwasa.76) Dog Dealer of Alhaji.77) Ibrahim Allarama.78) Umaru Aljan.79) Mubarak Isiaku.80) Garba Abubakar.81) Isiaku (Father of Mubarak).82) Murtala Adamu (Mai Gishiri).
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83) Mustaph Mustie.84) Siyaye (Alhaji Ali’s son).85) Ibrahim Danbanga.86) Sheik Bala Dauud.87) Sheik Alhassan Sa’id89) Alhaji Ali (Father to Modibbo Siyaye).90) The Police and the army.91) Tudun Wada Christian Youth Vanguard92) The Berom Youths
4.1.1 Roles of the alleged culprits in precipitating the JosUnrest of 28th November, 2008 and recommendations for possible sanctions.
Having outlined above the persons, groups of persons,
individuals and Institutions alleged to be directly responsible for the
Jos Unrest of 28th to 29th November, 2008, the Commission, shall
hereunder take a critical look at the roles of the various persons,
groups and institutions listed above to determine the extent of their
involvement and thereafter, make appropriate recommendations on
the nature and procedure of the sanctions to be applied in respect
of each of them.
4.1.2 Hausa/Fulani youth
Though no names were given, memorandum JCI/J/22/09
presented by Rev D. A. Ogunlowo and one Mrs Rebecca Adeyemo
representing the First Baptist Church, 43 Adebayo street, Jos dealt
with this group. The witnesses told the Commission that
Hausa/Fulani youth between the ages of 8 and 18 years numbering
about 120 surrounded the Church and threw into it handmade
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explosives into it which exploded and burnt down the structure.
Another half of this number went to the Church’s cybercafé and tried
to force the windows open. When they could not force open the
windows, they set the cybercafé ablaze. The youth also threw
handmade explosives into the Church’s pastorioum and broke its
glasses. They were also said to be chanting among other
utterances:
“kill the infidel, the pastor is an infidel he must not be allowed to live “..........Allahu-Akubar........”
( See pages 1 and 2 of Exhibit JCI/J/22/09/1
Memorandum JCI/J/25/2009 presented by Evangelist Da
Andrew Nyango Dalyop also identified persons.
On pages 9 and 10 of the memorandum (Exhibit JCI/25/09/1)
the witness who testified as Commission Witness No.8 (CW8)
named those persons, he perceives as the perpetrators in Jos
Unrest of 28th November, 2008 in his neighbourhood as:
4.1.3 Mallam Musa Gwani, the Imam of the small Mosque within
the old mining camp, allegedly used loud speakers to mobilise the
youth after 2:00pm prayers declaring Jihad and inciting the youth to
embark on destruction. Mallam Musa Gwani was on the basis of this
allegation against him by C.W8 invited by the Commission to
appear before it on the 22nd July, 2009 to defend himself on this
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allegation. The Commission as well published the invitation in
several National Dailies; of particular note are the Daily Trust
Newspaper, This Day, and the Nigerian Standard amongst others.
However, Mallam Musa Gwani failed to honour the invitation.
Gleaning from the evidence before the Commission, the act of the
Mallam Musa Gwani was quite inciting, more so when it was alleged
that this propelled a lot of youth and elders of the Hausa/Fulani
Muslims to come out en-mass with dangerous weapon thus
unleashing terror on their Christian neighbours. See pages 9 and 10
of Exhibit JCI/J/25/2009/1 and Verbatim Report of the Commission’s
proceedings of 26th February, 2009.
The Commission, therefore recommends that the Mallam
Musa Gwani be investigated by the Police and prosecuted, and if
found guilty, the appropriate sanctions under the law should be
applied.
4.1.4 Abdullahi Hassan Bazza was allegedly the first to start
burning neighbours’ houses within the Community. He was alleged
to have burnt his immediate neighbour’s house on the 28 th day of
November, 2008 and was allegedly seen distributing petrol in his
house to his friends (see page 9 of Exhibit JCI/J/25/2009/1) and
page 2 of the clarification thereon sub titled “Pages 9 and 10, Item
9 - persons/institutions directly involved or responsible’’. Based on
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this incriminating piece of evidence by CW8 against the said
Abdullahi Hassan Bazza, the Commission invited him to appear
before it on the 22nd day of July, 2009 The said Abdullahi Hassan
Bazza was duly served with the invitation and also the same
invitation was published by the Commission in several National
Dailies. It should also be noted that apart from the personal service
of the letter of invitation and publication of same in several
Newspapers and announcements made on Radio and Television,
the said Abdullahi Hassan Bazza to honour the Commission’s
invitation to appear before it to shed light on the allegation against
him. In the circumstance, the Commission is constrained to act on
the evidence before it and resolve that Abdullahi Hassan Bazza
could be the persons directly responsible for the Jos Unrest of 28th
November, 2008. The Commission, therefore, recommends that
Abdullahi Hassan Bazza be investigated in accordance with the due
process by the Police and prosecuted if found culpable and
appropriate punishment be meted to him for his role.
4.1.5 Dan Asabe Musa: In memorandum JCI/J/25/2009,
presented by Evangelist Da Andrew N. Dalyop (CW 8). Danasabe
Musa was alleged to have spearheaded the mob that burnt the
witness’ houses. The said Dan Asabe Musa was invited by the
Commission to appear before it on the 22nd day of July, 2009,
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However, he failed to honour the invitation and so denied the
Commission the opportunity to hear his own side of the story. The
Commission in this circumstances, has only one irresistible option,
that of making use of the best available evidence to it, which in this
case, is that of the sole witness under oath. The Commission in the
absence of any other evidence to the contrary believes that
Dansabe Musa could be one of those persons directly responsible
for the Jos Unrest of 28th and 29th November, 2008. The
Commission, therefore, hereby recommend that the said Danasabe
Musa be investigated by the Police and possibly prosecuted for his
role in precipitating the Jos Unrest of 28th November, 2008 and if
found guilty, appropriate punishment should be meted out to him to
serve as deterrent to others.
4.1.6 Mallam Murtala C.W.8 told the Commission amongst other
things that “Malam Murtala was seen carrying a gun and was
among those arrested by the Police”. In the circumstance, it is the
Commission’s view that since Malam Murtala was arrested by the
Police, the Police should conclude their investigation and if the
investigation is positive, prosecute the said Malam Murtala in Court
for his role in the Jos Unrest of 28th November, 2009 and if found
guilty appropriate punishment be applied to him.
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4.1.7 Alhaji Wada, Ibrahim Gambo, Mallam Usman Saidu and
Alhaji Abubakar: C.W.8 mentioned the names of the above named
persons and alleged that they were principal instigators of the
Unrest of 28th November, 2008 but did not say what they did that
amounted to instigating the Unrest except that in the case of Alhaji
Abubakar, the witness said he was seen carrying a riffle.
The Commission wishes to emphasise here that all the
persons mentioned above were all, after careful review of the
allegations against them, invited to appear before the Commission
to clarify and or present their own side of the story in rebuttal of the
allegations against them. They failed to honour the invitation to
appear before the Commission. Nevertheless, after a careful
consideration of the serious allegations against Alhaji Wada, Mallam
Usman and Ibrahim Gambo who were described by the witness as
principal instigators. The Commission feels they should be
interrogated by the Police.
However, in respect of Alhaji Abubakar referred to above,
who was also alleged to be a principal instigator of the Unrest and
was allegedly seen carrying a riffle, the Commission notes with
great displeasure, his refusal to appear before it to defend himself
against such an allegation. Under the Nigerian Criminal Law, illegal
possession of firearm, a rifle in this case, is an offence unless such
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a person in whose possession a gun is found to be licensed to carry
it. The questions is, was Alhaji Abubakar licensed to carry the riffle
he was allegedly seen with by the witness. If the answer is in
affirmative, for what purpose was the license issued? Why was he
carrying the gun as of the time of the Unrest? However, if he was
not licensed to carry such gun by the relevant authorities, how did
he come to be in possession, where did he get the riffle from and
what was he doing with it at the time in issue? These are some of
the questions begging for answers. The Commission therefore, is of
the view that the said Alhaji Abubakar be investigated by the Police
and prosecuted and if found guilty should be duly punished.
4.1.8 Nasiru Sani PHCN Agent. He was alleged to have been
carrying a locally made pistol during the Unrest and was invited to
appear before the Commission to rebut the allegation himself. His
name was accordingly listed on the cause list among witnesses to
appear before the Commission on the 22nd July, 2009 but he failed
to appear before the Commission. The evidence of CW8 against
Nasiru Sani PHCN Agent is direct. Nasiru Sani was seen carrying a
locally made pistol during the Unrest. The Commission therefore
recommends that he should be invited by the Police, investigated
and prosecuted for his role in precipitating the Unrest.
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4.1.9 The Entire Muslim Youth residing within the Old Mining
camp were alleged by the witness in Exhibit JCI/J/25/2009/1
(C.W.8) to have started the mayhem within the witness’ Community
and of burning of Christian houses within the area. The Police
should interrogate those of them that were specifically identified and
mention and in the process identify more of those who played a
negative role in the Unrest.
4.1.10 The Entire Muslim elders residing within the old mining
camp. This group is said to have instigated and incited the youth to
embark on destruction. The witness’ reasoning was that the
Muslim Elders residing within the Old Mining Camp instigated and
incited their youths to carry out the destruction of the Christians’
property within their neighbourhood with the hope that same would
be sold to them in the end. He based this on an earlier experience
within the neighbourhood, when following the construction of the
large Mosque in Albayan private school which became an
inconvenience to the Christians of the area because the Muslims
would block the road leading from Duala Hotel through former Army
Barracks football pitch on Fridays during prayers. This coupled with
fears of insecurity of their lives and loved ones, some Christians
were compelled to sell their property to Hausa/Fulani Muslims and
evacuate the area to safer places. The witness gave instances of
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such Christians who were compelled to sell their houses and
relocated to other places to include one Mr.Miskom A.D Sule, Mr.
Lawrence, Mr. Patrick Okonkwo and Baba Ma’aji amongst others.
See page 8 of Exhibit JCI/J/25/2009/1. This piece of evidence was
corroborated by several other witnesses who testified before the
Commission, and told the Commission that immediately after the
Unrest of 28th November, 2008, their Hausa neighbours bombarded
them with telephone calls requesting them to sell the remains of
their burnt/ destroyed houses to them. Of particular note is the
evidence of Mr. James Olukayode Obaleye who testified as CW170
in memorandum JCI/J/217/2009 on the 15th day of July, 2009. This
Witness told the Commission in his memorandum he presented
before the Commission and tendered in evidence as Exhibit
JCI/J/217/2009/1 and his oral evidence that he had received several
calls from his Hausa/Fulani neighbours to sell his house at B4 “A”
Laranto behind St. Augustine Monastery, Katako, Jos to them but he
refused. According to him, his refusal to do so led to the burning of
his house by his Hausa/Fulani Muslims neighbours after the Unrest.
See pages 2 and 3 of Exhibit JCI/J/217/2009/1. Also see pages 4 of
Exhibit JCI/J/160/1-being presentation by the Izu Umunna Cultural
Association, Jos and 5 - 6 of Exhibit JCI/J/127/2009/1 being a
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presentation by the Igbo Community Association (I.C.A) Jos to this
effect.
The Hausa Leaders, elders and youth of the neighbourhood
were also mentioned as being responsible for the Jos Unrest of 28th
November, 2008.
The witness told the Commission that all the persons
mentioned, both young and old came out en-mass with various
dangerous weapons against their Christian neighbours. The witness
had this to say:
“…around 2:00pm all we could hear from the loudspeakers was “Matasa da jama’a ku fito Jihad, kuma Allah zai yi maku albarka” meaning “youth come out and fight Jihad,God will bless you.”. What we saw was better imagined than said, because it was a mob of both youth and the aged, well armed carrying machetes, axes, cutlasses, containers of petrol and guns, while chanting “Allah –hu -akbar, za mu ji ma arna, Jos ta Arewa namu ne”, “sabuwa da kaza bata hana yanka” .... ......meaning “we are going to kill the infidels (pagans), Jos North is our own, being familiar with the chicken does not prevent it from slaughtering”.
See Verbatim Report of the Commission proceedings of 26th
February, 2009 and also page 5 of Exhibit JCI/J/25/2009/1). From
this direct evidence before the Commission, it is clear that these
groups of persons were some of those persons who precipitated the
Jos Unrest of 28th November, 2008 and thus should be held
responsible for the Unrest. The Commission is however,
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handicapped as no specific names of the youth and Hausa/Fulani
elders were given by the witness to enable it act appropriately. The
Commission however recommends that the Hausa/Fulani Muslims
elders and youth of the neighbourhood should be closely watched
and monitored by security agents, particularly the Police and the
army to forestall future break down of law and order in that
neighbourhood.
4.1.11 Tudun Wada Christian youth vanguard and muslim youth
The Tudun Wada Christian Youth Vanguard and Tudun Wada
Muslim Youth were mentioned in memorandum JCI/J/158/2009
presented by Adamu M .Yusuf. The memorandum was presented
by its maker, Adamu M. Yusuf and he testified as Commission
witness No 33(CW33). In pages 1 and 2 of this Exhibit, the witness
mentioned the Tudun Wada Christian Youth Vanguard and Muslim
Youth of the Tudun Wada as some of the groups of persons directly
responsible for the Jos Unrest of 28th - 29th November, 2008.
The witness, in the same page 1 of Exhibit JCI/J/158/2009/1
alleged that his house on plot No.TW.608 TA was set ablaze by
Christian Youth Vanguard on Saturday,29th November, 2008.
Similarly, on page 4 of the Exhibit, the witness alleged that the same
Christian Youth Vanguard set fire on one Alh. Moh’d Wadata’s
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Bakery, a neighbour of his. He also alleged that they were fully
armed with dangerous weapons. In his words, the witness said:
“ the Christian Youths Vanguard took advantage of it, crossed over the secretariat’s fence which is not high for criminals jumping over. They advanced forward through the Church premises and rocky spaces by overpowering the Muslim Youths and set fire on Alh.Moh’d Wadata’s Bread Bakery, also a close neighbour. They were fully armed with dangerous weapons: such as Dane –gun, Bow and Arrow, cutlasses, stones etc.”
For the Muslim Youths, the witness alleged on page 2 of Exhibit
JCI/J/158/2009/1 that the Muslim Youths were out destroying and
burning houses of their Christian neighbours. The witness stated
thus:
“information reached me that Muslim Youths were out destroying and burning houses of our Christian neighbours . I rushed out and pleaded with them that whatever happened, our non -Muslim neighbours were innocent. One of them pushed me aside and made uncomplimentary remarks in Hausa that “kai tsohon banza, don Allah bamu wuri .Kai ba ka gani an kone naka Massalaci da Gidajen Muslimai ba? Kai an naka ai” (Meaning- You useless old man, please give us chance. Don’t you see our Mosque and Muslim houses have been set on set ablaze? Your own house too will be set on fire”)’’.
The Commission observes that in Exhibit JCI/J/158/2009/1
and the oral testimony of the witness, not a name out of members of
Christian or Muslim Youth was mentioned. What is more worrisome
is the fact that during his oral testimony, the witness told the
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Commission that there is no group in Tudun Wada known as
Christian youth vanguard but that he used the phrase because on
the day of the incident, the youth were in groups. In the
circumstance, even if the Commission finds that these youths
played a role in the Jos Unrest of 28th November, 2008, there is
nothing much the Commission can do as full and detailed
particulars in respect of members of these youth have to be placed
before the Commission to enable it have them investigated.
However, the Commission is of the view that in order to forestall
future break down of law and order in that neighbourhood, the Youth
of the neighbourhood as a whole should be closely monitored by
security operatives and the Police.
4.1.12 Albayan Islamic private school and mosque.
CW 8 while presenting Exhibit JCI/J/25/2009/1 alleged Albayan
Islamic Private School was directly responsible for the unrest.
According to the witness, gunshots were fired from the premises of
this School, and this attracted the attention of some Christian youth
who were on their way to Angwan Rukuba from Chwel-Nyapto to
seek refuge. They confronted those who fired the shots and this led
to a fight. The fight was probably what lead to the death of five
pupils of the school as indicated in the evidence of W.C195 who
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presented of Exhibit JCI/J/147/2009/1, memorandum of the Human
Rights Watch.
From this evidence, the alleged firing of gunshots from the
AIbanyan Islamic private school and mosque triggered off the
Unrest within the vicinity of the school as the witness told the
Commission that upon hearing the gunshots, the Christian youth
who were passing by the school “turned and faced those who fired
the gunshots”. However, the level of destruction done to that school
and number of lives lost as indicated in Exhibit JCI/J/147/2009/1
seem to indicate that the volume of attack on the school was
considerable.
It is the Commission’s view that this allegation of gunshots
and the activities of the “Christian youth who were passing by the
school” should be seriously investigated by the Police and if found to
be true, the persons who were involved in this fierce battle should
be arrested and prosecuted for their roles in precipitating the Jos
Unrest of 28th November, 2008.
4.1.13 Bala and Auwalu of Rusau Village, Jos: The memorandum
JCI/J/79/2009 of Haske Women Association, Rusua Village, Jos
North Local Government Area, Plateau State was presented on
behalf of the Association by Mrs. Kate Okoye a member of the
Association, who testified as Commission witness No.42 (CW.42).
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Although the witness did not state the name of anybody in their
memorandum as directly or indirectly responsible for the Jos Unrest
of 28th November, 2008, persons affected by the crisis who were
called to testify in the memorandum mentioned the names of the
following as being responsible for the Unrest:
i) Mrs. Evelyn Osai one of the women affected and an eye-witness called by CW 42 told the Commission that one Bala came to look for her children to kill and later set her house ablaze.
ii) Awalu was identified by Mrs. Binta John as the killer of her husband, Mr. Timothy John,
The Commission upon the application of Mrs Kate Okoye
ordered that these persons be invited to appear before the
Commission. They were so invited but they failed to appear before
the Commission to defend themselves against these very grave
allegations. Since they failed to appear before the Commission, the
Commission has no choice but to rely on the direct and first hand
evidence of the eye witnesses and hold that the said Bala of Rusau
village and Awalu formerly of Rusau village, Jos, but now in Jagindi,
Kaduna State, were most probably some of the persons directly
responsible for the Jos Unrest of 28th November, 2008 as they
actively participated in the burning of innocent people’s properties
and callously killing innocent people. The Commission, therefore,
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recommends that they be identified and arrested by the Police and
the matter investigated and charged to court for the offence of
culpable homicide and arson and if found guilty, maximum
punishment for such of offences should be applied.
4.1.14 Suspects based in Gangere: Memorandum JCI/J/106/2009
– The Afizere Cultural and Community Development Association
(ACCDA) National body. This memorandum was presented by
Atang Izam Atang, the National President of the Association. In
tackling the issues of identifying the persons, groups of persons and
institutions responsible for the Jos Unrest of 28th November, 2008,
the writers of the memorandum identified on pages 14–15 of Exhibit
JCI/J/106/2009/1 the following groups and organisations as being
responsible for the Unrest of 28th November, 2008. The presenters
mentioned on page 15:
i) Group of hoodlums armed with guns, cutlasses, machetes, iron bars, heavy sticks etc chanting “Allahu Akbar.........” but did not identify any person by name as a member of this group
ii) A group from Gangare, but nobody was identified as belonging to this group.
iii) Some Mosques which used loud speakers to mobilize the rioters and encouraged and directed them to surge forward and attack the “arnas (infidels) and calling “jihad” ( holy war) etc.
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However, the presenters did not give the names of these
Mosques or those of their Mallams. In this regard, the Commission
is not in a position to act in anyway. There are so many Mosques
and Imams in Jos, and they cannot all be taken as suspects. If the
presenters had wanted the Commission to act on this matter they
could have supplied details to assist the Commission. The
Commission wishes to recommend that all the Mosques and their
Imams and youth in that neighbourhood and all their activities be
closely monitored by security operatives to avert any future break
down of law and order in that neighbourhood and its environs.
4.1.15 Sikiru Panel Beater, Nuru Carpenter and Baba Audu
Miango
Memorandum JCI/J/115/2009 by Kauna Baptist Church
Rikkos, Jos. This memorandum was presented on behalf of the
church by Rev. Elisha Fom Jugu, who testified as Commission
Witness No.65 on the 2nd day of April, 2009. On page 6 of Exhibit
JCI/J/115/2009/1, the following persons among others were
identified as being responsible for the Jos Unrest of 28th November,
2008:
i) One Sikiru a Panel Beaterii) Nuru, a carpenter in Rikkosiii) Baba Audu Miango.
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From the memorandum and oral evidence thereof, the witness
stated that on the morning of 29th November, 2008, Sikiru came with
the others and burnt the Church. Nuru Carpenter in Rikkos was
also identified by the eye witness as one of the persons that burnt
down the Church. See pages 6 and 7 of the memorandum and
pages 3 and 4 of the verbatim report of 2nd April, 2009. These
persons were duly invited to appear before the Commission to
defend themselves but failed to appear. The Commission is of the
view that these individuals should be identified by the Police, the
allegations investigated and charges proffered where applicable.
4.1.16 Buhari and Kabiru:
Memorandum JCI/J/141/2009 by Messrs Noah and Nathaniel
Ayoola and Madam Alice Ayoola of Rijiya Tara, Rikkos behind
NIXEA, Jos North. The Memo was presented by Mr. Noah
Oloyewole Ayoola, who testified as Commission Witness No.66
(CW66) on behalf of all the presenters, on the 2nd day of April,
2009. The witness on page 3 of Exhibit JCI/J/141/2009/1 identified
the following persons as responsible for the Unrest of 28th – 29th
November, 2008:
i) One Buhari, the son of Alhaji Babaii) One Kabiru, an Okada rider
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These two persons are known personally to the witness of the
memorandum and were said to be their immediate neighbours.
Having heard directly from the presenter who saw these persons
and identified them, the Commission then invited the said Buhari
and Kabiru to appear before it to rebut the allegations against them,
but they failed to appear and since the evidence against them is
strong and yet undisputed, the Commission hereby recommends
that they be identified, arrested, investigated and prosecuted for
their role in precipitating the Jos Unrest of 28th November, 2008.
4.1.17 Groups of Hausa / Fulani Muslims .
Memorandum JCI/J/130/2009 by The Evangelical Church of
West Africa (ECWA), Nasarawa Local Church Council, Jos District.
This memorandum was presented on behalf of the Church by one
Mr Joshua Chuwang, a pastor of the Church. In page 12 of the
Exhibit JCI/J/130/2009/1, the witness identified those who were
responsible for the Jos Unrest of 28th November, 2008 as the
Hausa/Fulani Muslims (See page 12 of Exhibit JCI/J/130/2009/1).
According to the witness these people came shouting “Allahu
Akubar, Allahu Akubar” and saying “come out for Jihad, “let us kill
the arna (infidel)”. Since no person is specifically mentioned as one
of the Hausa Fulani youths, there is little the Commission could do
here to identify the alleged persons.
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4.1.18 Alhaji Ibrahim Dasuki Nakande and Alhaji Ismaila
Mohammed.
Many memoranda presented before the Commission and the
witnesses who testified in respect of these memoranda mentioned
Alhaji Ibrahim Dasuki Nakande and Alhaji Ismaila Mohammed as
persons directly and/or indirectly responsible for the Jos Unrest of
28th November, 2008. These memoranda include but are not limited
to the following:
(i) Memorandum No JCI/J/139/2009 presented by the Anaguta
Community:
This memorandum on page 21 mentioned the fact that “the
Hausa have always been the perpetrators of the crisis in Jos North”.
Though no mention was made of specific persons, groups of
persons or individuals in the memorandum, presenter of the
memorandum and Commission witness No. 6 Mr. Pius Gimba while
being examined in Chief by Lead Counsel to the Commission and
cross examined by other Counsel mentioned the following persons
as being sponsors of and responsible for the Jos Unrest of 28th
November, 2008.
i) Ismaila Mohammed and,
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ii) Dasuki Nakande, amongst other persons.(See Verbatim Report of the proceedings of the Commission on 25th
February, 2009).
According to the witness, these men were mentioned
because of their comments and utterances in media and public fora
which are very inciting and derogatory. Furthermore, the witness
also told the Commission that these men are leaders within the
Hausa/Fulani Community and should be held responsible for the Jos
Unrest of 28th November, 2008. The witness went further to tell the
Commission that Ismaila Mohammed and Dasuki Nakande are the
ring leaders of the Unrest in Jos.
(ii) Memorandum JCI/J/154/2009 by Confederation of Plateau
State Youth Movement was presented by Iliya Gokum Lar on behalf
of the Confederation. On page 21 of memorandum JCI/J/154/2009
(Exhibit JCI/J/154/2009/1), the witness stated they are sure that
Ismaila Mohammed who is one of the spoke men of the Hausa
Muslims in Jos can help the Commission to unravel the mystery of
Jos Unrest of 28th November, 2008. On page 30 of their
memorandum, the witness urged that the said Ismaila Mohammed
should be arrested and prosecuted.
The presenter and the witnesses who gave oral evidence on their
behalf pointed out Ismaila Mohammed amongst others as the
person responsible for the Jos Unrest of 28th November, 2008
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because of his inflammatory utterances and comments before,
during and after the Unrest. The witness cited in particular, the
interview granted by Nakande to the Daily Trust Newspaper and
published on the 26th day of November, 2008. This oral testimony of
C.W.5 is contained in the Verbatim Report of Commission
proceedings of 25th February, 2009, where the witness stated the
reason for saying that Nakande and Ismaila Mohammed were
responsible for the Unrest. See Verbatim Report of the said 25th
February, 2009. The Daily Trust Newspaper of Wednesday, 26th
November, 2008, where the witness alleged that the inflammatory
and inciting interviews were granted by Alhaji Dasuki Ibrahim
Nakande was tendered as Exhibit JCI/J/154/2009/3, while The
Vanguard Newspaper of Monday,16th March, 2009, where Alhaji
Ibrahim Dasuki Nakande granted an Interview titled “Our grouse
against Governor Jang” was also tendered and admitted in evidence
as Exhibit JCI/J/154/2009/5 respectively.
(iii) Memorandum JCI/J/76/2009 presented by P.D.P, Plateau
State chapter. The memorandum tendered and admitted as Exhibit
JCI/J/76/2009/1 was signed and presented on behalf of the party
P.D.P, Plateau State Chapter by its State Secretary, Daniel Dakim.
The witness on page 5 of the Exhibit mentioned amongst others,
Alhaji Samaila Mohammed as one of the persons to be invited by
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the Commission to clarify the statement he allegedly made in some
National Dailies that “the violence in Jos is an indication of the fact
that some people do not have the right to protest”.
(iv) Another memorandum and oral evidence, led thereon naming
these two men is in memorandum JCI/J/73/2009 presented by Du
Youth Movement. This memorandum was presented by Rwas
Chuwang Gyang on the 31st day of March, 2009 on behalf of the
Movement. Mr. Rwas Chuwang Gyang, testified as Commission
Witness No.53 (CW53). On page 18 of the said Exhibit
JCI/J/73/2009/1, the witness mentioned the role of Alhaji Ibrahim
Dasuki Nakande and made particular reference to the comments
attributed to him (Nakande) in some National Dailies. To buttress
this allegation, the Witness attached The Sunday Vanguard of 11th,
January, 2009, page 45 titled “THE SUNDAY PERISCOPE” where
the Interview titled “Our grouse against Governor Jang” granted by
Alhaji Ibrahim Dasuki Nakande was published as Appendix VI. This
Appendix was subsequently tendered and admitted in evidence as
Exhibit JCI/J/73/2009/6
(v) Memorandum JCI/J/28/2009 submitted by Mwaghavwul
Development Association, Jos Branch also alleged that Ibrahim
Dasuki Nakande and Hon. Ismaila Mohammed were among the
persons directly responsible for the Jos Unrest of 28th November,
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2008. This memorandum was presented by one Hon Mape, the
Chairman of the Association on the 26th day of February, 2009. Hon.
Mape testified as Commission Witness (CW9) and stated on page 8
thereof that:
“During the tenure of Samaila Mohammed as Chairman, Jos Local Government Area, he came with certain policies that provoked the entire Anaguta and other indigenes ..........He also bastardized the issuance of indigene Certificates to such an extent that non indigenes were able to obtain the Certificates..............”
In answer to cross examination by a counsel, one Ali Aku
Esq., the witnesses admitted that since Samaila Mohammed
bastardized the issuance of indigeneship Certificate, he was part
and cause of the problem. See Verbatim Report of the
Commission’s proceedings of 26th February, 2009 to this effect.
(vi) Memo JCI/J/137/2009 PDP Elders Northern Zone Forum
Plateau State. The memorandum was presented on behalf of the
Forum by Doctor Jonah Madugu. At page 16 of the memorandum
(Exhibit JCI/J/137/2009/1), the witness identified Honourable Ismaila
Mohammed (Member Federal House of Representatives) and
Honourable D.S. Nakande (former Federal Minister of State for
Information and Communication) as persons directly responsible for
the Jos Unrest of 28th November, 2008:
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There was further testimony to the effect that these named
individuals were responsible for the Jos crisis of the 7th September,
2001 and referred the Commission to the Report
The Commission, after reviewing the gravity of the allegations
against these two men from several memoranda presented before it,
felt it was very necessary and important and in the spirit of fair
hearing, that these men be invited to appear before the
Commission to present their defence. The Commission thought that
there was need for these men to appear before it to rebuff the
allegations therein. This was further strengthened by the fact that
numerous memoranda and oral evidence presented before the
Commission alleged that they were to be held responsible for
inciting and provocating, precipitating and sponsoring the Jos Unrest
of 28th November, 2008.
In view of the serious and grievous allegations made against these
two men, the Commission also decided to thoroughly read the
Reports referred to above to establish the credibility or otherwise of
the allegations against them. Alhaji Ibrahim Dasuki Nakande and
Ismaila Mohammed were specifically invited to appear before the
Commission on the 20th day of July,2009.
The Commission, from the totality of the evidence before it, as
highlighted above, found as a fact that there is a lot of
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misinformation and distortion of facts peddled in the interviews by
Alhaji Ibrahim Dasuki Nakande, which is unbecoming of a man of
his status in the society. One wonders what was the motive of Alhaji
Ibrahim Dasuki Nakande for peddling so much misinformation and
distortion of facts on the Jos Unrest of 28th November, 2008
The Commission has carefully perused the excerpts of the
interview granted by Ibrahim Dasuki Nakande tilted “Our grouse
against Governor Jang” as published in Exhibit JCI/154/2009/5 and
compared it with other evidence presented before the Commission
and found that all the facts represented therein by Alhaji Ibrahim
Dasuki Nakande, particularly the fact that Governor gave an order of
shoot on sight and as a result:
“the people who were not rioting but simply demonstrating their displeasure over perceived ways and means being devised by the State Government who wanted to rig an election were killed and that the action taken was not to scare but to kill and it was an act that was carried out to the letter”
is nothing but complete falsehood and great misinformation and
misrepresentation of facts. The stand of the Commission is borne
out of the fact that there is no evidences that the Governor gave any
shoot-at-sight order and also “the people”, who Ibrahim Dasuki
Nakande said “were simply demonstrating were actually rioting and
carrying dangerous weapons such as guns, cutlasses, bows and
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arrows, knives, petrol and dealing death and destruction with lives
and property of non Hausa/Fulani people.
The Commission therefore recommends that Alhaji Ibrahim
Dasuki Nakande and Alhaji Ismaila Muhammed should be
thoroughly investigated by the Police.
The Commission is of the view that the utterances of these
two men are capable of igniting more crises in the future.
4.1.19 Alhaji Auwalu Mai Sugar
Memorandum JCI/J/109/2009 presented by the Izere (Jarawa)
concerned Daughters of the Afizere Chiefdom of Jos North and Jos
East Local Government Area, Plateau State which memorandum
was tendered and admitted in evidence as Exhibit
JCI/J/109/2009/1 mentioned one Alhaji Auwalu Mai Sugar as one of
the persons directly responsible for the Unrest. The said Alhaji
Auwalu Mai Sugar was alleged in paragraph 5, page 18 of Exhibit
JCI/J/109/2009/1 to have armed himself, stood on his balcony and
was shooting indiscriminately at passers-by and even into the
vicinity of the Church. However, moves to serve the said Alhaji
Auwalu Mai Sugar to appear before the Commission to defend
himself revealed that he is now deceased.
4.1.20 Ring of “Mercenaries”
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Other groups mentioned in Exhibit JCI/J/109/2009/1 is a
convex ring of mercenaries and internal collaborators in Gangare,
Yanshanu and Filin Ball. Although these groups were mentioned by
the witness, the witness did not state specifically what roles were
played by them, and neither were any names of such “mercenaries”
or their internal collaborators mentioned to enable the Commission
recommend any further proper investigation of the allegations.
4.1.21 Mijin Patu Alale and two others
Memorandum JCI/J/111/2009 by Izang Ayana Arin was presented
by Iki Atsen Arin on behalf of the maker. The witness of the
memorandum on page 1 made reference to a neighbour of his, one
Hausa man who came to his house shortly before the Hausa youth
descended on him and his house. On page 3 of Exhibit
JCI/J/111/2009/1, the witness further mentioned the following
persons as persons directly responsible for the Jos Unrest of 28th –
29th November, 2008:
i) Mijin Patu Alale,
ii) One truck driver who lives in the same house with Abu,
iii) One Alhaji Abdullahi who was shouting “Ku kashe arna ku kone gidajeusu”. (meaning “kill the infidels, and burnt their houses”).
These persons attacked the witness of this memorandum,
burnt his house, cut off his left wrist and took it away leaving him for
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dead. Application was made by A.A. Madaki Esq., Counsel
representing the witness to invite the persons mentioned in the
Exhibit JCI/J/111/2009/1 to appear before the Commission to
explain their role in the Jos Unrest of 28th November, 2008 and the
application was granted. The suspects were accordingly invited to
appear before the Commission to defend themselves but they failed
to appear. The Commission recommends that they should be
arrested and the matter investigated by the Police on the complaint
of the witness and charged to court for causing grievous bodily
injury and arson if the allegation is substantiated
4.1.22 Okasha and Tanko
Memorandum JCI/J/112/2009 was written and submitted to
the Commission by Mrs Rahila Goyol of Kauna Baptist Church,
Rikkos, Jos. Mrs Rahila Goyol came to the Commission to present
her memorandum but was read by one Mrs Juliana Pyantu on
behalf of Mrs Rahila Goyol who was too emotional to read same.
Her husband and three sons were killed during the Unrest by the
suspects and their collaborators. Mrs. Goyol said her husband and
her three children took refuge in the house of Baba Maigemu their
neighbour, but the Hausa/Fulani Muslim Youth who looted the
property in their house and burnt same and later went to the house
of Baba Maigemu and killed her husband and the three children.
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Mrs. Goyol said the Hausa/Fulani Muslim youth had beaten Baba
Maigemu and threatened to kill him before they eventually
overpowered him and kill her husband and her three children.
Mrs. Goyol said the suspect one Okasha was the person who
disclosed to the Hausa/Fulani Youth the whereabouts of her
husband and her three children because he saw her husband and
the three children when they entered the house of Baba Maigemu.
As for Tanko, Mrs Goyol saw him together with the Hausa/Fulani
Youth armed with long knives on the day of the Unrest but when the
saw the Policemen who came to patrol the area, they quickly hid
their knives.
The Commission is of the view that since there is direct
evidence of an eye witness against Okasha and Tanko, they should
be identified and interrogated by the Police and charged to court if
there is sufficient evidence against them.
4.1.23 Usman Sanusi and 4 others
Memorandum JCI/J/114/2009 by Iki Atsen Arin, Rahila I. Arin
and Lami A. Arin all of Rikkos New Layout , Jos. This memorandum
was presented on behalf of all the makers by Iki Atsen Arin on the
18th day of March, 2009. He testified as Commission witness 22
(CW22). The witness on pages 4 and 10 of the memorandum
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identified the following persons as responsible for the 28th
November, 2008 Unrest:
i) Muslim youthii) Usman Sanusiiii) Ibrahim Harunaiv) Alhaji Abdullahi v) Salisu Abdullahivi) Ali
All these suspects were invited to appear before the
Commission on the 22nd day of July, 2009 to respond to the
allegations labelled against them. Notices to this effect were
personally served on them. Unfortunately, they refused to appear
and defend themselves of these allegations. The witness who
testified was at the scene of the incident, and he saw when one of
the suspects, Usman Sanusi was among those who macheted,
stoned and eventually killed his brother, late Peter Ibrahim Arin. He
also saw the same Usman Sanusi when he entered their compound
through their fence with a machete strapped to his waist and gave
false assurance that he, Usman Sanusi, would not allow anyone to
harm them . The witness also overheard the same Usman Sanusi,
when he was telling people inside Alhaji Abdullahi’s house that there
were still people in the witness’ house and further heard the
response of Alhaji Abdullahi when he told Usman Sanusi that he
should leave them there so that they could kill them (i.e. the Witness
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and other people in the house with him) in the evening. See pages
2, 3 and 4 of the memorandum
From the totality of this evidence against these persons -
Usman Sanusi, Ibrahim Haruna, Alhaji Abdullahi and Salisu
Abdullahi, should be identified by the Police, investigated and
prosecuted for arson, murder and conspiracy to commit murder and
if found guilty, appropriate punishment for the offences be applied.
As for “Muslim youth of Rikkos, the Commission finds it difficult to
accuse the entire youth of area. However, if identified culprit should
further mention any other person not included here, such a person
should also be investigated and prosecuted.
4.1.24 The Nigerian Police
The Nigerian Police was accused by many presenters of
memoranda before the Commission and numerous accusations
were levied against the them for failure to respond promptly to
curtail and contain the Jos Unrest of 28th November, 2008. There
were also allegation of arbitrary killings . Some of these Memoranda
are:
(i) Memorandum NO.JCI/J/160/2009: This memorandum was
submitted by Izu Umunna Cultural Association, Jos and it was
presented on the 18th of March, 2009 by Ikechukwu Tony
Egwuonwu, 2nd Deputy President (I.U.C.A), Jos on behalf of the
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Association. He testified as Commission witness No.25 (CW25). On
page 5 of memorandum JCI/J/160/2009, the witness made a plea to
the Commission
“to find out if there was diligence in the performance of duties and functions by the Federal Government, State Government, the Police, the Army and other security services amongst others and to recommend adequate punishment for dereliction of duties”. In his oral evidence, the witness told the Commission inter alia
that the Police failed to perform their duties which are to safe guard
lives and properties as they failed to respond to distress calls from
people during the time of the Unrest. To be specific, in the Verbatim
Report of the 18th day of March, 2009, the witness said this:
“in this State, people will make distress calls to the Police even at 2:00a.m - 3:00 am and the Police will not come. The crisis only stopped when the Soldiers entered.
Thereafter, the witness said the Police should be held
responsible since they cannot do their work.
(ii) Another memorandum that came down heavily on the Police is
memorandum JCI/J/25/2009 presented by Evang. Andrew N.
Dalyop. The memorandum was presented on the 26th day of
February, 2009 by Evangelist Da Andrew Dalyop who testified as
Commission Witness No .8 (CW8). At page 2 of the memorandum,
the witness stated among other things that:
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“after the election on Thursday, 27th November, 2008, meeting was held in the evening amongst representatives of the Christian and Muslims factions within Dogon Dutse Community.”
Thereafter, the witness and one A.S.P Monday Davou (Rtd.)
alongside Alhaji Isa Mohammed and Alhaji Bashiru Jibrin among
other persons were delegated to meet the D.P.O of Nassarawa
Police station to brief him of their willingness to come together and
protect their Community in event of any crisis. The witness then
went on to tell the Commission that the D.P.O assured them of his
cooperation and willingness to protect their neighbourhood to
ensure that there was no break down of law and order in the
neighbourhood. This implied that the Police in that neighbourhood
knew before hand that there was the possibility that there might be
problem in that neighbourhood. However, the D.P.O. and the entire
Police within the neighbourhood did nothing to avert the Unrest that
engulfed the area on the 28th days of November, 2008. The witness
also state in page 4 of Exhibit JCI/J/25/2009/1, that when the crisis
erupted , the same D.P.O could not be reached and the people
were left at the mercy of their rampaging Hausa/Fulani Muslim
attackers. Their plight, was further worsened by the fact that the
Policemen they met at station when they went for help told them that
there was nothing they could do as the matter was out of their
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control. In his oral evidence, the witness reiterated his statement in
Exhibit JCI/J/25 /2009 /1. The witness told the Commission that
before the crisis, they reported to the DPO in Nassarawa Gwong
and the Police therefore, knew that there was likelihood of a break
down of peace. See the oral testimony of the witness in the
Verbatim Report of the proceeding of the Commission for 26th
February, 2009.
(iii) Memorandum JCI/J/38/2009, presented by the Middle Belt
Forum, Plateau State Chapter, Jos, Nigeria is another memorandum
that questioned the role of the Police, particularly, the Nassarawa
Gwong Police Station. The memorandum was presented by Mr.
Samuel Bulus Dawang, who testified as Commission witness No.95
(CW95) on behalf of the Forum. The Witness in his oral evidence
told the Commission that prior to the day of Local Government Area
Councils elections of 27th November, 2008, the members of his
Community and himself noticed an unusual and unprecedented
influx of strange persons posing either as water vendors, shoe
shiners etc into Jos and some rural areas like his area, Kinga Village
Naraguta. He added that when they noticed such influx of strange
persons and vehicles into the town particularly in their area, they
reported the matter first of all to the Police out-post in their area,
Naraguta. The witness also told the Commission that when the crisis
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erupted, all their efforts to get the Police to come to their rescue
proved abortive and requested that the Police be invited to give
explanations for their attitude during the Unrest. See the Verbatim
Report of the Proceedings of the Commission of 8th April, 2009 for
the details of his testimony.
(iv) Memorandum No. JCI/J/132/2009 - This memorandum was
presented by Jesus Total Liberation Mission, Jos. It was heard by
the Commission on the 18th day of June, 2009 with Rev. Godwin
Okeke, Senior and the Presiding Pastor, testifying on behalf of the
Church as Commission witness No.113 (CW113). The witness at
page 4 stated that the Jos Unrest of 28th November, 2008:
“was also aided by the security lapses from the security operatives in the State”.
He gave an example of the failure of the Police to help him
when he reported to them, particularly, the Police patrol team he
met on his way along Zaria Road and told them about what was
happening to his Church, and requested for their intervention.
According to the witness, the Police did not give him any attention
and at the end, his church was completely destroyed by the Hausa/
Fulani Muslim youth attackers. Further more, in his oral evidence
the witness confirmed what he had written in Exhibit
JCI/J/132/2009/1 when he told the Commission that:
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“around 11:00 O’clock, I stopped them and told them what happened and if they could go there but none of them paid any attention.”.
(v) Memorandum NO.JCI/J/131/2009 by The Redeemed Peoples
Mission, Jos, Plateau State. This memorandum came up for hearing
before the Commission on the 16th day of July, 2009 and was
presented on behalf of the Mission by one Rev. Vincent Nwachil,
who testified as Commission witness 182 (CW182). The Church
stated on page 1 of the memorandum:
“some of the miscreants were putting on Police and Military uniforms as they unleashed terror by killing and injuring innocent citizens”.
(vi) Memorandum JCI/J/147/2009 - Human Rights Watch. This
memorandum was presented by one Eric Guttschuss on behalf of
the Human Rights Watch on the 20th day of July, 2009 and it was
tendered and admitted in evidence as exhibit JCI/J/147/2009/1. He
testified as Commission witness 195 (CW195). In Exhibit
JCI/J/147/2009/1, Human Rights Watch accused the Police and
particularly, the Mobile Police (MOPOL) of arbitrary killings and
strongly urged that these allegations be investigated. At page 1 of
Exhibit JCI/J/147/2009/1 Titled “SUMMARY”, the witness stated
inter alia that:
“in responding to the inter-communal violence, the Nigerian Police ...............were implicated in more than 130 arbitrary killings, mostly of young Muslim men from the Hausa/Fulani ethnic group.........”.
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and thereafter, proceeded to urge the Commission to investigate the
allegations. The details of the alleged arbitrary killings by the Police
are chronicled in pages 8 to 14 of Exhibit JCI/J/147/2009/9, where
the witness gave what he called eye witnesses’ accounts of the
alleged arbitrary killings by the Police, particularly, the MOPOL. The
witness, in the first 2 paragraphs of page 8 of Exhibit
JCI/J/147/2009/1 gave a total figure of 74 persons allegedly arbitrary
killed by the Police. In the said pages 8 to 14 of Exhibit
JCI/J/147/2009/1, Witness chronicled a total of 7 incidents of alleged
arbitrary killings by the Police, according to him; these incidents
were narrated to him by eye witnesses to the alleged arbitrary
killings.
Before we proceed further with the evidence of this witness,
we must first of all place on record here that the witness was not an
eye witness to all the alleged arbitrary killings by the Police as in the
course of the presentation of the Exhibit JCI/J/147/2009/1, the
witness told the Commission that he was neither in Nigeria nor Jos
on the 28th day of November, 2008, i.e. the day the Unrest erupted
as he was in the US then and came into Nigeria about the 3rd day of
December, 2008. In spite of this fact, throughout his narration of the
alleged eye witness accounts of the alleged arbitrary killings by the
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Police, the witness did not mention the name of any of the eye
witness to the alleged arbitrary killings.
In the course of his oral evidence, when requested by the
Lead Counsel to the Commission to give the names of the said eye
witnesses and also produce them to testify before the Commission
of what they saw, the witness refused to disclose their names and
also told the Commission that he was not in the position to produce
them before the Commission to testify.
The Commission then proceeded and invited the relevant
officers of the Nigerian Police to appear before it to defend their
roles in the allegation of aiding and abetting or precipitating of the
Jos unrest of 28th November, 2008 and also their dereliction of duty
during the Unrest as alleged by the many witnesses that appeared
and testified before the Commission. The Commissioner of Police,
Plateau State Command, Jos, the DPO, Nigerian Police, Nassarawa
Gwong, Jos, D.P.O Laranto Police station and the Officer in Charge
Police Out-Post, Naraguta were all invited to appear before the
Commission on the 31st day of July, 2009.
On the 5th day of August, 2009, the former Commissioner of
Police, Plateau Command, CP Samson V. Wudah appeared before
the Commission to present the response of the Police to the
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allegation levelled against it by the witnesses as earlier highlighted
above.
In his written response dated 5th August, 2009, on the
allegation of the failure of the Police to check alleged of influx of
strange persons into Jos and its environs as made by witness in
memorandum JCI/J/38/2009 (Exhibit JCI/J/38/2009/1), the
Commissioner, who testified in camera for security reasons, denied
that there was any wrong doing or security lapses on the part of the
Police and referred the Commission to annexure ‘A’ to his
response, which according to him is the “Operational Order NO.
2/2008” on which the whole of the election activities were
anchored, including Police activities before, during and after the
election” The Commissioner also referred the Commission to
paragraph 10 of his response titled “Manpower Development/Police
Action” which he claimed had addressed the issue of perceived
security lapses on the part of the Police. See pages 6, 7 to
paragraph 1 of page 8 and page 9 paragraph 12 (a) of the response
dated 5th August, 2009
The Commission having carefully listened to the oral evidence
and clarifications made by the witness (CW211) and having also
response, carefully read through the written response, found that the
witness did not at all address the issues raised by CW.95 in Exhibit
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JCI/J/38/2009/1 on the alleged influx of strange persons into Jos
and its environs prior to the Local Government Elections of 27 th
November, 2008. He did not tell the Commission whether he
received the report and whether he directed his men to investigate
same and what the outcome of the investigation was. From all
indications, the Police did not take the report seriously and did not
even investigate it. If the Police had taken time to investigate it, it
was most probable that some people could have been arrested and
this could shed light on any plot to cause mayhem. Their failure to
do so indicates a security lapses on the part of the Police and a
dereliction of duty. If the Police had acted promptly on such useful
report, the Jos Unrest of November, 2008 could have been nipped
in the bud. The Commission is of the view that the Officer in Charge
of the Police out-post, Naraguta, where the report was made should
be investigated for negligence and dereliction of duty. He did not
appear before the Commission to answer to the invitation sent to
him and the Commissioner of Police who appeared for all Police
Officers invited did not address the issue raised against him.
In responses to allegations contained in memoranda JCI/J/131
/2009, and JCI/J/160/2009/1 Commissioner of Police, Plateau
Command, Jos, CP Samson V. Wudah, CW.21 to a large extent,
admitted lapses on the part of the Police but stated that such lapses
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were not deliberate but due to circumstances beyond the control of
the Police. He attributed any lapses on the part of the Police during
the period of the Unrest of 28th November, 2008 to logistics reasons,
mainly inadequacy of rapid response facilities available to the Police
to effectively respond promptly in crisis situations. This idea was so
explained when he stated thus in pages 9 to 10 of his response:
“There is no doubt that the situation that characterised every segment of other Government agencies in terms of adequacies also applies to the Nigerian Police Force. It is not an overstatement to state that Police inadequacies are glaring, particularly in terms of logistics, If there were enough vehicles and effective communication gadgets in the Command, the Command would have done better in managing the crisis”.
In terms of manpower, the witness told the Commission that
the Command had adequate manpower on ground as the Command
was able to get enough men from other Commands to assist in
managing the crisis. Here reference is made to pages 6 to 8 of the
Response schedule 20 herein. He explained further that :
“the Divisional Police Officers and Sector Commanders were given definite instructions to protect all places of worship during peace time and crisis periods as these have always been targets during ethnic, religious or political crisis in this Country.”.
However, the witness failed to tell the Commission either in his
written response or oral evidence adduced in respect thereof, how
many Mosques or Churches the Police sent Policemen to protect
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during the Crisis. From evidence of wanton destructions of
Churches and from evidence to the effect that the only place of
worship guarded by a combined team of Nigerian Army and the
Police with armoured car permanently stationed there, was the
Central Mosque, Massalachin Juma’a Jos, no other place of
worship was protected by the Police or Soldiers.
On the issue of the failure of the Police to respond to distress
calls while the crisis lasted, the witness blamed this on lack of
mobility and other logistics. He stated categorically on page 10,
paragraph (c) among other things as follows:
“that while the attacks lasted, distress calls to the Police were not responded to is not true. As acknowledged above in paragraph 12 b , this incident happened spontaneously and because of lack of vehicles and other logistics, the Police could not reach every member of the society that made a distress call to it”.
As in the case of allegations against the Police of their failure
to protect places of worship, particularly, Christian place of worship,
the witness in his defence did not tell the Commission the names or
the numbers of the members of the society whose distress calls
during the Unrest were attended to by the Police nor the areas
where such calls emanated from and what the Police did in such
situations.
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The witness narrated their handicaps in terms of mobility for
swift movement of security operatives to crisis spots, lack of
Communication gadgets such as mobile phones, walkie talkies etc.
He told the Commission that in the whole of Plateau Command,
there are only 30 walkie talkies which are grossly inadequate for the
Command to effectively communicate with the various Police
stations, D.P.Os, Police out-posts both those within Jos metropolis
and others in the other Local Government Areas of the State. He
told the Commission that the Police Command Plateau State does
not have up to 50 serviceable vehicles at it disposal to effectively
respond swiftly in crisis situations
On the issue of allegation of the use of Police uniforms by
persons posing as Police during the Unrest, the witness, C.W 211
admitted that:
“it is common knowledge that Police uniforms and that of other services have been found in possession of criminals in this country in the past and will continue.”
On the allegation of arbitrary killings by the Police based on
an alleged shoot-on-sight order issued by Governor Jonah Jang of
Plateau State, the witness categorically denied same and further
told the Commission that the Governor has no such power to give
the Police any order to shoot-at-sight. He added that the Police
cannot be said to kill the same citizens they are under obligation to
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protect. He also insisted that the Police operated strictly within the
Operational Order NO.2/2008 with reference NO.
CJ.3919/PS/OPS/VOL.40/79 dated 25th, November, 2008 issued by
the Police Force Headquarters in respect of the Unrest. See page
11 of the Witness’ response, schedule 20.
On the 7th day of August, 2009, the present Commissioner of
Police Plateau State Command, Jos also gave evidence before the
Commission and buttressed the assertion of CP Samson V. Wudah.
The Commission will now address the following questions:
i) Whether the Nigerian Police Plateau Command, Jos was aware that there was going to be break down of law and order in Jos North after the Local Government Elections held on the 27th day of November, 2008 despite the fact that the said Election was conducted peacefully without any problems and failed to take any steps to ensure that the Unrest did not occur?
ii) Whether or not there were any lapses and complicity on the part of the Nigerian Police, Plateau Command during the Jos Unrest of 28th November, 2008.
iii) Whether the Police was involved in arbitrary killings as alleged in Exhibit JCI/J/147/2009/1 above.
(i) From all the available evidence chronicled in the numerous
memoranda presented before the Commission and reviewed above
and considering the oral testimonies of witnesses in support thereof,
there is no doubt that the Local Government Elections held
throughout the State on the 27th day of November, 2008 were
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peaceful and successful. The Commission is of view, however that
after the Elections and during the collations of the Election Results,
the Police was some how aware that there was possibility of a
break down of law and order in Jos North Local Government Area.
Commission witness (CW.211 that is, C. P. Samson Wudah on
page 5 paragraph 9(i) stated inter alia that:
“As early as between 0230-0330 hours of 28th
November, 2008, information filtered to the Police that some moslem youths were holding nocturnal meetings at Moslem dominated areas”.
And in paragraph 9(ii) CW211 stated thus:
“Soon after, they were reported to be shouting Allahu Akbar along Ali Kazaure Street and other Hausa Muslims dominated areas in Jos North. It was further revealed that they mounted road blocks in some places. At about 0500 to 0530 hrs they attempted an incursion on the collation centre which was repealed by the Police..........”
This piece of evidence from CW211 shows very glaringly that
it was certain that there would be break down of law and order in
Jos North Local Government Area of Plateau after the Election was
concluded while the results of the Elections were still being collated.
All CW.211 could tell the Commission was that after the miscreants
were repelled by the Police, they regrouped and attempted to
penetrate the collation centre at Kabong, Gada Biu to attack the
Police, electoral officials and destroy electoral materials but the
Police drove them away and quickly evacuated the electoral
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materials and officials out of the collation centre to PLASIEC
Headquarters, for safety. The witness did not tell the Commission of
the steps taken to forestall a total break down of law and order due
to the action of these miscreants. The Police had ample time to
mobilize to effectively curtail the crisis from spreading but they failed
to take adequate steps to ensure this did not happen. CW211
admitted that the Police received the information of the gathering
storm at 230 - 033 hrs and furthermore C.W 202 had earlier told the
Commission that the Hausa youth started gathering at about
11.45pm on the 27th day of November, 2008 from Evangel Hospital
Road, towards the collation centre at Kabong. This claim also
buttressed the earlier evidence of Mr. Nuhu Asama who testified as
CW.96 on the 8th day of April 2009, in memorandum
JCI/J/133/2009 presented by Bache Development Association,
CW.96 who told this Commission that the Hausa youths/thugs came
out about 11:30 pm in response to the alarm raised by one Hon.
Nazifi by phone calls to some unknown persons to come out. The
Commission is of the view that from that 11:00pm of 27 th November
2008, when the first alarm was raised, if the Police had taken the
matter seriously and quickly mobilized forces to the various flash-
points like Ali Kazaure, Angwan Rogo, Gangare etc, the Unrest
could have been nipped in the bud. CP Samson V. Wudah, simply
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told the Commission in his oral submission during cross-
examination by a Counsel to the Commission that they closely
monitored the situation until the eruption of the crisis. The
Commission is of the view that the Police, in this regard, is guilty of
dereliction of duty as they had knowledge of early warning signs of
the Jos Unrest of 28th November, 2008 but did not take adequate
steps to prevent it from happening.
From the evidence of CW.211, i.e. the former Commissioner of
Police, CP Samson V. Wudah, there is no evidence of any Police
posting to take charge of strategic locations, i.e. flash-points in Jos
North Local Government Area which could have promptly quelled
any uprising by undesirable elements while the results of the
election were being collated and eventual announcement of such
results. The Commission disagrees with the Police that they did
everything possible to protect lives and properties during and after
the Election.
(ii) On whether or not there were any deliberate lapses and
complicity on the part of the Nigerian Police, Plateau Command
during the Unrest, the Commission has considered and reviewed all
the evidence placed before it. On alleged Police lapses during the
Jos Unrest of 28th November, 2008 , for instance, the allegations by
CW25 in Memorandum No. JCI/J/160/2009, Exhibit
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JCI/J/160/2009/1 that “distress calls to the Police during unrest were
not responded to,” the Police admitted their lapses in this regard
when in the response, the Police stated in page 10,paragraph (c):
“ .......this incident happened spontaneously and because of lack of vehicles and other logistics the Police could not reach every member of the society that made distress call to it”.
Further reference to lapses on the part of the Police is
contained in page 4 of Exhibit JCI/J/132/2009/1 wherein the witness
stated as follows:
“The Jos riot of November 28th was also aided by the security lapses from the security operatives in the State. For example, when I met the Police patrol team, I told them what was happening in the Church, that some people were in with guns and some ammunitions but they didn’t give me attention. Consequently, the attackers had enough time to execute their evil plans by not only burning the church but pulling down the walls”.
In this instant case where the witness met the Police face to
face and even a patrol team and mobile too, the Police refused to
attend to him. Could the Police say in this case too that this
“member of the society” who saw the Police face to face and made
a plea for assistance to save his Church “could not be reached?
This piece of evidence bring the Commission’s memory back to the
sad evidence of Mrs. Comfort A. Akinjogbin, who testified as
Commission witness No.20 (CW20) on the 18th of March, 2009 in
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memorandum JCI/J/171/2009, wherein she narrated to the
Commission how three corps members were slaughtered in their
house and how, while the boys were in the pool of their own blood,
she saw Police patrol team passed by in front of her house and
pleaded with them to help her and the poor hapless corpers but the
Police refused to give her any assistance. See paragraph 7 to 10
of page 4 of Exhibit JCI/J/171/2009/1 where the witness narrates
her ordeal as follows:
“...........then I saw a Police vehicle with many Police men and I cried and pleaded with the Police who were standing by , even rolling on the ground asking for help to take my boys to hospitals to save their lives but no response. Then two other Police vehicles filled with Police men came. I kept pleading but they claimed they were called at Congo and if I was not ready to leave with them immediately I could die with my three sons (i.e. the three NYSC members)”.
The evidence of C.W.8, Evangelist Da Andrew Dalyop in this
regard is also relevant. This witness stated in his evidence
contained in Exhibit JCI/J/25/2009/1 and oral evidence before the
Commission that prior to the Election and the Unrest of 28 th
November, 2008, Christians and Muslims elders/leaders in their
Community met to deliberate on the security situation in their area
and after the meeting, he and other elders were delegated to confer
with the Police D.P.O, Nassarawa Gwong Police Station to brief him
of their suspicion of likelihood of the break down of law and order
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after the election and how they have decided to protect their
neighbourhood against any breakdown of law and order. The
witness went further to state that the DPO was quite happy with their
information and plan and assured them of his support and
cooperation in case of any eventuality.
However, the witness told the Commission that when the
Unrest eventually broke out, the same DPO could no longer be
reached and the other Policemen they met at the station told them
that the matter was beyond them and so refused and failed to do
anything.
The Commission holds that there were obvious lapses and
dereliction of duty on the part of the Police. The Police failed to
perform its duty of protecting lives and property effectively thus the
magnitude of destruction of lives and property was worse than what
it ought to have been if the Police had performed their duty promptly
and effectively.
It is also the evidence that the Police alone could not curtail
the Unrest until the Military had to be called in. CW211 stated in
paragraph 11 titled Consultations in pages 8 to 9 of his written
response that:
“... it became imperative for more support from the Military........... From then, the Military and the Police
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jointly curtailed the situation from escalating to other Local Government Areas in the State’’.
From this evidence of CW211, it is clear that the Police could
not curtail the Unrest as already admitted and earlier referred to at
page 9 – 10 of his response.
As for the D.P.Os of Laranto, Nassarawa Gwong, Police
Stations and the O/C in charge of Naraguta Police Outpost who all
prior to the Unrest were duly informed by various witnesses before
the Commission of the likelihood of the possible breakdown of Law
and Order prior or after the elections of 27th November, 2008 but
failed to take any reasonable steps to deal with the matter
appropriately and cause thorough investigations which might have
averted any uprising in the Jos North Local Government Area, they
should be thoroughly investigated and prosecuted for dereliction of
duty and if found guilty should be out rightly dismissed from service.
The activities of the former Commissioner of Police, Plateau
Command, CP Samson V. Wudah before and during the crisis
should be thoroughly investigated as there is evidence before the
Commission that the Commissioner of Police then was being
directed by Alhaji Ibrahim Dasuki Nakande on what to do and what
not to do. (See memorandum JCI/J/206/2009 by Da Ezekiel D.J.
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Choji). And if found wanting, should be prosecuted for dereliction of
duty and punished appropriately.
4.1.25 The Nigerian Army:
A few Memoranda presented before the Commission also alleged
that the Nigerian Army was either directly responsible for the Jos
Unrest of 28th November, 2008 or caused it to escalate. Of note is
memorandum JCI/J/147/2009 of Human Rights Watch, presented
by Eric Guttschuss on behalf of the organisation on the 20 th day of
July, 2009. He testified as Commission witness No. 195 (CW195)
as stated above. The memorandum accused the Military amongst
other security agencies of arbitrary killings and strongly called for
their investigation. On page 1 of Exhibit JCI/J/147/2009/1, titled
“SUMMARY”, the Witness stated inter alia that:
“in responding to the inter-communal violence, the Nigerian Police and military were implicated in more than 130 arbitrary killings, mostly of young Muslim men from the Hausa/Fulani ethnic group. While most of the intercommunal violence took place on 28th day of November, the vast majority of the killings by the police and military came on November 29, the same day that the Plateau State Governor issued a “shoot on sight order” to security forces.
”According to his research, Human Rights Watch “also documented
eight incidents involving the arbitrary killings of 59 men by the
Military.” The witness, thereafter, proceeded to urge the
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Commission to investigate the allegations of widespread killing by
security forces.
C.W 195 then proceeded to chronicle from pages 15 to 18 of Exhibit
JCI/J/147/2009/1, the alleged eye Witnesses accounts of arbitrary
killings by the Military. The first eye witness of the of alleged
arbitrary killings by the Military was an alleged incident in Rikkos
(Angwan Damisa). The witness alleged that he interviewed five
witnesses in the Rikkos neighbourhood, and each gave an account
independently of the others, who saw the killing of eight men by a
Soldier in the Nigerian army uniform on the morning of 29th
November, 2008 and proceeded to give a detailed account of what
the alleged eye witness saw and narrated to him. There were other
such alleged incidents in Ali Kazaure, where the witness said he
interviewed eight witnesses who allegedly witnessed the alleged
arbitrary killings of 25 young men in a house in the area, Rikkos
(Gadan Katako). The witness alleged that an eye witness told him
that he witnessed Military Soldiers on 29th November arrested 16
Muslims and killed 10 of the arrestees and finally at Laranto
Divisional Police Headquarters, where the witness told the
Commission that he allegedly interviewed two Police officers
separately who allegedly witnessed a Soldier “summarily executed
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an unarmed man at the Laranto Divisional Police Headquarter” in
the morning 29th November, 2008.
It is very important to reiterate that the presenter was not an
eye witness to all the alleged arbitrary killings by the Military.
The Commission in order to get to the root of the serious
allegations against the Military invited the General Officer
Commanding, GOC, 3rd Armoured Division, Jos to appear before
the Commission on the 31st day of July, 2009 to defend this
allegation of arbitrary killings levelled against the Military by the
memorandum. However, the G.O.C did not turn up, neither did he
send any representative.
A scrutiny of Exhibit JCI/J/147/2009/1 shows that some of the
direct findings of the witness gives a further perspective on the
allegations. In page 6, paragraph 3 of Exhibit JCI/J/147/2009/1,
the witness stated that:
“many of the witnesses interviewed by Human Rights Watch believed that those responsible for these arbitrary killings may have been persons impersonating Police officers and Soldiers” This was his direct finding in the course of his interviews.
Though witness stated that “many Witnesses” he interviewed
believed that the killings were done by persons impersonating
“Soldiers”, the witness disbelieved them without any form of
investigation of their claim. In an answer to a question put to him by
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the Commission’s Lead Counsel, the witness admitted that he did
not investigate this possibility.
Also in paragraph 5 of page 6 -7 of Exhibit JCI/J/147/2009/1,
the witness stated that the senior Police and Military officers he
interviewed denied any knowledge of arbitrary killings by the
security forces,
“..... and Military officials interviewed by Human Rights Watch in December denied having received any reports of their forces being involved in arbitrary killings during the violence”.
When asked to comment on the allegation of arbitrary killings
documented by Human Rights Watch,
Brigadier General Emeka Onwuamaegbu, the Army spokes
persons likewise informed Human Rights Watch that:
“I have no evidence or information that Nigeria Soldiers were involved in any arbitrary killings”.
From the contents of Exhibit JCI/J/147/2009/1 and the oral evidence
led thereon, which contradicted the witness’ position in the said
Exhibit, the allegations of arbitrary killings against the security
forces, particularly, the Military have not been established by the
witness. In an instance, the witness stated that he carried out
extensive research on the Jos Unrest of 28th November, 2008, but
the witness also admitted to the Commission that he did not carry
out any investigation to establish the authenticity or otherwise of the
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claim of persons impersonating the Police and Soldiers. He also told
the Commission that the only evidence he saw were spent bullets
but could not carry out any further investigations to establish the
fact as to who used the spent bullets, their types or what guns the
spent bullets were shot from etc.
4.2 Individuals, groups of persons and institutions indirectly responsible for the Unrest of 28th November, 2008.
From the various memoranda submitted and presented before
the Commission coupled with oral evidence adduced in support by
the witnesses who appeared before the Commission, it was alleged
that the persons mentioned hereunder were indirectly responsible
for precipitating the Jos Unrest of 28th November, 2008:
1. Alhaji Inuwa Ali
2. The Daily Trust Newspaper
3. JASAWA Development Association.
4. Security Operatives
5. Honourable Aminu Baba
6. Idris Ibn Mohammed
7. General Ibrahim Babangida
8. Mohammed Haruna
9. The State Security Services (SSS)
10. The Nigeria Customs Services (NCS)
11. Alhaji Sale Hassan, an elder in Jos North
12. The Nigeria Immigration Services (NIS)
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13. Alhaji Usman Ibrahim Abubakar ( Jerry) the Chairman of
Plateau Muslim Forum (PPMF)
14. Jama’atu Nostril Islam (JNI).
15. Hon. Shehu Bala Usman (Acting Secretary of ANPP)
16. Alhaji Jamil of Jamil Motors
17. Barrister Ahmed S. Garba
18. Sheikh Mohammed Usman Kano
19. Alhaji Ibrahim Mantu
20. Alhaji Yahaya Karaku (Okene Local Government Area
Council, Kogi State)
21. The Governor and Government of Plateau State.
4.2.1 Alhaji Inuwa Ali:
Alhaji Inuwa Ali was mentioned as one of the persons
indirectly responsible for the Jos Unrest of 28th November, 2008 in
about Seven memoranda. These memoranda and their allegations
on his role in precipitating the Unrest are as stated and explained
hereunder:
(i) Memorandum JCI/J/40/2009 by Berom Elders Council
presented by Prof. John I. Dung Gwom (CW 10). In his oral
evidence, the witness categorically mentioned Alhaji Inuwa Ali as
one of the persons responsible for the crisis. His reason being that
in September, 2008 a full fledged grand Durbar in Jos, tagged
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“Hawan Turaki” was staged for Alhaji Inuwa Ali as the Sarkin Al -
umman Muslumin, Jos.
Berom Elders Council view this staging of Durbar by Alhaji
Inuwa Ali as a show of gross insubordination and ingratitude
because late Gbong Gwom Jos, Dr. Fom Bot, had earlier conferred
the title of Turakin Jos on Alhaji Inuwa Ali with the belief that Alhaji
Inuwa Ali will work in partnership with him to promote peaceful co-
existence in Jos. This show of insubordination and ingratitude
rather than promote peace has been shown to provoke and incite
the indigenes of Jos.
(ii). Memorandum JCI/J/65/2009 – This memorandum was
presented by the Berom Patriotic Forum in the Tertiary Institutions of
Plateau State. The memorandum came up for hearing on the 25 th
day of March, 2009 and was presented by one Dalyop Danladi
Mancha (CW.35) on behalf of the Forum. This memorandum on
page 12 mentioned the name of Alhaji Inuwa Ali who was installed
as “Sarkin Al-Uman Musulmi Jos” with a complete traditional
cabinet as a cause of the Unrest. C.W.35 told the Commission that
the act of installing the said Alhaji Inuwa Ali as stated above was
done without regard to the traditional institutions of the land and his
act of conferring chieftaincy titles on some people after his
installation and the appointment of his Ward Heads was quite
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provocative. This witness also referred to the fact that the said Alhaji
Inuwa Ali in his attempt to become the Emir of Jos has been
implicated in all previous crisis that took place in Jos. Particular
reference was made of the crisis of 1994 and 2001.
iii) Memorandum JCI/J/91/2009 also accused Alhaji Inuwa Ali, the
Turakin Jos, as one of the persons to be invited to appear before the
Commission to explain his role in the Jos Unrest of 28th November,
2008. This memorandum was presented by Mr. Sunday Gomper
who gave evidence as CW26 on the 19th day of March, 2009.
(iv) Other memoranda wherein the name of Alhaji Inuwa Ali was
mentioned are: memorandum JCI/J/136/2009, memorandum
JCI/J/137/2009, memorandum JCI/J/149/2009, JCI/J/150/2009 and
memorandum JCI/J/206/2009.
The Commission, in order to hear Alhaji Inuwa Ali’s side of the
story invited him to appear before it on the 21st day of July, 2009.
He however failed to honour the invitation
The Commission has reviewed in detail the evidences both
written and oral adduced before it by various witnesses and came to
the conclusion that Alhaji Inuwa Ali was mentioned as one of the
persons indirectly responsible for the Jos crisis of 7 th September,
2001. In the Justice Niki Tobi Main Report of September, 2002 on
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the said civil disturbances in Jos and Environs in 2001, particularly,
at page 185, the Commission had this say about Alhaji Inuwa Ali:
“...the Commission is of the opinion that Alhaji Inuwa Ali is not a fit and proper person to hold the office of Turakin Jos. He should, accordingly be removed forthwith...”
Now in 2008, there is evidence before the Commission that he
installed himself as “Sarkin Al’umman Musulmi Jos with complete
traditional cabinet”. There is in evidence also that he did this without
regard to the Gbong Gwom Jos who conferred on him the title of
“Turakin Jos” in the first place. See page 12 of Exhibit
JCI/J/40/2009/1 in the following words:
“only very recently in September2008, a full fledged and grand durbar was staged in Jos, tagged ‘ Hawan Turaki’ for one Alhaji Inuwa Ali as the Sarkin Al-umma Muslumin Jos. During the durbar, a full Emirate Council was constituted with regalia of offices to over 20 title holders. He has also appointed chiefs in other settlements like Bukuru and Barkin Ladi”.
The witnesses who presented memoranda JCI/J/40/2009 and
JCI/J/65/2009 in order to buttress their claims, attached to the said
memoranda copies of the invitation cards to the Durbar with the list
of the traditional cabinet members and the names of persons on
whom Alhaji Inuwa Ali conferred traditional titles. (See Exhibit
JCI/J/40/2009/1 with the relevant annexure for details).
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The question, the Commission wishes to ask at this juncture is
whether Alhaji Inuwa Ali has any traditional or Constitution rights to
establish another traditional institution parallel to that of Gbong
Gwom Jos and as well appoint his own chiefs and title holders as
he did on the 30th day of September, 2008? On whose land did
Alhaji Inuwa Ali established his emirate? Although, Alhaji Inuwa Ali
refused to appear before the Commission to respond to allegations
made against him when required to do so, evidence from witnesses
who testified before the Commission show clearly that Alhaji Inuwa
Ali is from Kano in Kano State but claims to be a member of Jasawa
Development Association. Membership of this Association is
however restricted to only Hausa/Fulani Muslims of Jos to the
exclusion of any other tribe in Jos. If a person from Kano or any
other part of Nigeria, for that matter should, come to Jos and set up
a traditional institution with the usual full paraphernalia of office as
Alhaji Inuwa Ali did on the 30th day of September, the indigenes of
the area will not be happy. It is highly provocative. This act of
establishing an emirate Council in Jos is a clear message to the
Hausa/Fulani youth that Jos belongs to them and they have a right
to fight and take over the town from the Afizere, Anaguta and Berom
tribes who have been declared the indigenes of the same by the all
the previous Reports, particularly, the Hon Justice J. Aribiton
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Fiberesima’s Report of 1994, and Hon. Justice Niki Tobi CON
Report of September, 2002 as well as Plateau Resolves of 2004.
Little wonder the Hausa/Fulani youth fought so furiously and
ferociously on the 28th November, 2008 against the indigenes and
other Nigerian citizens resident in Jos.
From the evidence before the Commission, Jos is not an
emirate, hence his acts amounted to an affront to the established
traditional authority in Jos. This action should be discouraged.
The Daily Trust Newspaper - Daily Trust Newspaper was
accused on the ground that it’s Reportage of the Unrest of
November 28th and 29th 2008
“were Jaundiced, lopsided and negatively skewed and that the Newspaper sought to poison the minds of the Muslims worldwide to the belief that Muslims are hated and are being killed in the Plateau State.”
and that its reportage of the Unrest was highly provocative and
negative. To substantiate these allegations, the witnesses tendered
copies of the Newspaper wherein the publications in question were
made. The memoranda that made these allegations against the
Daily Trust Newspaper are memorandum JCI/J/31/2009 by Dr.
Charles Kopkama. Gonyok (mni). memorandum JCI/J/107/2009 by
the Plateau Indigenous Development Association (PIDAN), and
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memorandum JCI/J/137/2009 by PDP Elders Northern Zone Forum
Plateau State.
The Commission invited the Management of Media Trust
Nigeria Limited, Publishers of the Daily Trust Newspapers to defend
themselves against these allegations on the 28th day of July, 2009.
A Representative of Media Trust Limited, Andrew Agbese,
presented a written response to the Commission in defence of these
allegations against Media Trust Nigeria Limited. In the said written
response dated July 28 2009, the witness denied any bias on the
part of Media Trust Nigeria Limited regarding the reportage of the
Jos Unrest of 28th November, 2008. According to the witness, all
sections of the warring parties were given equal coverage and never
at any time was the Newspaper house unbalanced in its reportage
of the Unrest. The witness stated on page 4 of his response that all
the publications complained of by the various witnesses before the
Commission, were personal views and opinions of the persons that
wrote them and that it is:
“nothing to do with the style of Media Trust or any of its publications nor were they the reports of any of its correspondence or reporters for which it could be held liable”.
He made reference to Weekly Trust of 4th January, 2009, particularly
the write up titled “dear son of the soil” and another writer, Abdullahi
and stated that in those write ups, the columnists expressed their
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personal views and opinions while the advertorial signed by a group
that calls itself “The Coalition of Jasawa Elders” published in the
January 30th edition of the Daily Trust was also their personal views
and had nothing whatsoever to do with Media Trust editorial policy.
After a careful perusal and review of the evidence, the
Commission found that the publications complained about as being
a cause of the Unrest were made after the occurrence of the Unrest.
With this in view, it cannot be said that these publications, though
very inciting and provocative, particularly, the write up titled the “son
of the soil ”where unprintable pictures of naked women and men
allegedly depicting Plateau people as uncivilised were displayed and
another picture portraying Plateau people as poverty stricken and
sitting in front of thatched roof huts with tattered clothes, caused
the Unrest of 28th November, 2008. Rather, these publications
could be said to have a tendency towards preparing grounds for
resurrecting further hostilities in Plateau State. The Commission
also view these publications as often very biased, lopsided,
derogatory and tilted in favour of a particular group.
The Commission further advises the Publishers and Editors of
Daily Trust Newspapers to learn to adhere to the professional ethics
of Journalism which is to be fair and balance in reporting any news
event and stop appealing to ethnic and religious sentiments.
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4.2.2 Jasawa Development Association:
Jasawa Development Association was mentioned severally by
numerous witnesses before the Commission as an Association
being responsible for Jos Unrest of 28th November, 2008. Some of
these memoranda and witnesses are as follows:
i) Memorandum JCI/J/69/2009 by Berom Community Jos North
presented by Dr. Baba Thomas Bingel. This memorandum which
was tendered and admitted in evidence as Exhibit JCI/J/69/2009/1,
on page 5 identified the formation of Jasawa Development
Association as one of the remote causes of the Jos Unrest of 28th
November, 2008. It was stated in paragraph 1 lines 13 and 14 of
Exhibit JCI/J/69/2009/1 that the Association was found to be a
perpetrator of the 2001 crisis and was indicted in 2001. According
to the presenter
“the existence of this association therefore has always posed a threat to peaceful coexistence in Jos.”
ii) Memorandum JCI/J/107/2009 presented by Plateau
Indigenous Development Association Network (PIDAN) was
presented by Prof. Nenfort Gomwalk on behalf of the Association on
the 17th day of March, 2009. He testified as C.W.15. In the
memorandum the presenter accused the Jasawa Development
Association because of the actions and utterances of its members
and leaders who claimed Jos as their own and thus always make
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false claims about the ownership of Jos. C.W.15 in an answer to a
question put to him by Ali Aku Esq., Counsel to Indigenous Muslims
Association, Plateau State said that although, he did not really know
whether they were
“perpetrators but certainly they contributed to it by their action”.
The Witness went further to state as follows:
“I suppose if you write articles that incite people or give wrong/false information, you must be held responsible”.
iii) Memorandum JCI/J/149/2009 by Laranto Berom Community:
This memorandum was presented on behalf of the Community by
John Rapp on the 27th day of February, 2009 and he testified as
Commission witness 13 (CW13). C.W13, on page 11 of the
memorandum (Exhibit JCI/J/149/2009/1) mentioned Jasawa
Association as one of the Associations indirectly responsible for the
Jos Unrest of 28th November, 2008.
iv) Memorandum JCI/J/152/2009 by Berom Forum Chwelnyap.
This memorandum was presented on the 25th day of March by John
Pam Choji who testified as Commission witness 37 (CW 37) on
behalf of the Forum. The witness on page 12, paragraph (b) of the
memorandum (Exhibit JCI/J/152/2009/1) mentioned Jasawa
Development Association as one of the groups responsible for the
Jos Unrest of 28th November, 2008. According to the witness, the
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Association serves as a rallying point for the Hausa Community in
Jos and articulates all causes of action of the Community in all
ramifications. The witness further stated that by the
pronouncements of its officials like Alhaji Ibrahim Dasuki Nakade,
and Ismaila Mohammed before, during and after the Local
Government polls and the crisis,
“the organization exists to serve ulterior intends and purposes. actions and inactions of the organization before and during the crisis points to the direction of having masterminded the episode.”
v) Finally memorandum JCI/J/115/2009 which was presented by
Kauna Baptist Church, Rikkos also accused Jasawa Development
Association as being responsible for the Jos Unrest of 28th
November, 2008.
Based on all these allegations against the Association, the
Commission invited the leadership of the Association to appear
before the Commission on the Monday the 20th day of July,2009.
However, the Leaders of this Association failed to honour the
Commission’s invitation. The Commission found as a fact that the
Association was heavily indicted in both the Hon. Justice J.
Aribiton Fiberesima Report into the Jos Riots of 12th April, 1994
and that of the Hon Justice Niki Tobi of September, 2002 on the
Jos crisis of 7th September, 2001. The reports held the Association
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responsible for those crises and recommended in their reports that
activities of the Association be suspended for two years.
The said Commission further recommended that:
“in event of the Association involving itself in violence or threatened violence and precipitates crisis of any form during the period of suspension, the Association should be proscribed forthwith”.
We refer to pages 198 to 205 of Hon. Justice Niki Tobi Report
and pages 26 to29, particularly, page 29 of Hon. Justice J Aribiton
Fiberesima Report. This Commission also finds that Jasawa
Development Association by its activities is one of the Association
indirectly responsible for the Jos unrest of 28TH November, 2008.
The Association and its Leadership should be investigated. The
Commission further recommends the outright proscription of the
Association if after investigation the allegations aforementioned, are
proved against them.
4.2.3 Places of worship
Some places of worship were also mentioned by witnesses who
testified before the Commission for being indirectly responsible for
the Jos Unrest of 28th November, 2008. These memoranda and
places of worship are as follows:
(i) Memorandum JCI/J/149/2009 by Laranto Berom Community, Jos
was presented on behalf of the Community on 27th day of February,
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2009 by Mr. John Rapp who testified as Commission witness 13
(CW13). The memorandum identified four Mosques namely, the
Mosque located opposite the gate of St. Augustine’s Major
Seminary, Laranto, the Mosque behind St. Augustine Major
Seminary, Laranto and the Mosque before Katako bridge and the
Mosque at Angwan Rogo.
According to the witness, these places of worship played very
negative role before, during and after the crisis. For instance, the
presenter stated on pages 13 and 14 of the memorandum (Exhibit
JCI/J/149/2009/1) that:
“Daily worshippers were spurred not to accept the outcome of the Local Government Election which comes up on the 27th November, 2008 where it fails to favour them. They were told to resist Government at all cost”.
The witness further emphasised the negative role played by these
Mosques on the 28th day of November, 2008 (i.e. the first day of the
Unrest) when he stated on page 14 that:
“the Mosques were used as “control towers” to direct the Hausa militants to specific residential areas ...”. The Mosque were also used as easy mobilisation avenue for the youths and the militants. Also on Saturday 29th November, 2008, shortly when the results were finally announced, these mosques used public address systems to shout ‘Alahu akbar’ and teleguided Hausa youths and militants to unleash mayhem on Laranto residents which ultimately led to massive
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destruction of about 35 houses and death of those people 3 lives.......”
The witness in his oral evidence testified that the role of the
Mosques and their Imams led to the escalation of the crisis. The
Commission was bombarded with other similar evidence against the
Mosques and their Imams by several other witnesses who appeared
before it. For instance, memorandum JCI/J/25/2009/, which was
admitted in evidence as Exhibit JCI/J/25/2009/1, stated that the
Imam of the small Mosque within the Old Mining Camp mobilized
the youths through the use of loudspeakers. Oral evidence was
also given by the witness who testified before the Commission on
26th February, 2009 as CW8.
Memorandum JCI/J/140/2009 by Angwan Dalyop
Development Association (ADDA) was presented on behalf of the
association by Paul Davou, the Protem Secretary of the Association.
The memorandum on page 7 accused the Mosques located in Sarki
Mangu Street, Masallacin Idi and Katako Area for the negative roles
they played during and after the crisis. According to the
memorandum, these Mosques several weeks before the election,
were used to incite worshippers early in the morning between
4:30am and 5: 00am. Daily worshippers were instigated not to
accept the verdict of the forthcoming 27th November, 2008 Local
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Government Election, if it does not favour them. They were urged to
stand up and resist Government among others. This allegation was
not only made in this memorandum. It was also made in
memorandum JCI/J/149/2009 by Laranto Berom Community
presented by John Rapp CW13. See page 7 of this memorandum.
(ii) Memorandum JCI/J/93/2009 by Church of Christ in Nigeria
(Jos). This memorandum was presented on behalf of the Church by
one Elder Martins David Dalyop, the Church Secretary. The witness
who presented the memorandum identified on page 7 of the
memorandum (Exhibit JCI/J/93/2009/1) the Mosques at Tudun -
Pera, Bulbula Mosque and the Imams of the two Mosques as being
responsible for the Unrest.
Their roles according to the witness were giving:
“directives and commands to the Hausa/Fulani Muslim attackers to keep on the fight until the victory is achieved”.
For this reason, the witness holds the imams responsible for the
planning and execution of the Unrest.
These allegations of the roles of the Mosques and their Imams
in contributing to the escalation of the Unrest are of great concern to
the Commission. Worship places as far as the Commission is
concerned are meant to preach love. peace and unity and not
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hatred, war and disunity. Lives are supposed to be preserved and
protected and not to be destroyed.
4.2.4 General Ibrahim Badamasi Babangida, Former Military
President of the Federal Republic of Nigeria.
The retired General Ibrahim Babangida was mentioned in several
memoranda presented before the Commission and by witnesses
that testified before the Commission. All the allegations against
General Ibrahim Badamasi Babangida were centred on the creation
of Jos North Local Government Area of Plateau State without
consultation with the people of Plateau State which has led to
widespread disaffection and suspicion.
i) Memorandum JCI/J/107/2009 by The Plateau Indigenous
Development Association Network (PIDAN). This memorandum was
presented on behalf of PIDAN by Prof. Nenfort Gomwalk. PIDAN at
page 21 of the memorandum (Exhibit JCI/J/107/2009/1) stated that
creation of Jos North Local Government in 1991 by the Babangida
Administration was totally against the wishes of the Anaguta, Afizere
and Berom Communities of Jos. He further stated that:
“the said Communities found themselves in Jos South while the Hausa Community was left in Jos North Local Government LGA where Jos metropolis is located” The Anaguta, Afizere and Berom saw this arrangement as a grand plan by the Hausa to seize Jos town from them”.
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The witness also stated that these other Communities
resented the pattern of the newly created Local Government Area
as it left the Berom Paramount ruler, the Gbong Gwom Jos, isolated
in an Hausa/Fulani dominated enclave while the Hausa/Fulani
jubilated over the creation of the Local Government which they saw
as having been created for them.
(ii) Memorandum JCI/J/65/2009 by The Berom Patriotic Forum in
Tertiary Institutions of Plateau State. This memorandum was
presented on the 25th day of March, 2009 by one Dalyop Danladi
Mancha, the Chairman of the Forum, who testified as Commission
witness 35 (CW35). The witness at page 18 of the memorandum
(Exhibit JCI/J/65/2009/1) described General Ibrahim Babangida as
showing “an unhealthy interest in Jos Hausa/Fulani terrorism” and
so one of the persons responsible for the Jos Unrest of 28th
November, 2008. The witness also stated that his assertion that
Babangida was involved in the recent Jos Unrest was informed by
the revelation made by the 26 mercenaries arrested in Jos on 26th
December, 2008. The witness informed the Commission that the
“mercenaries” boast that nothing would happen as they have the
support of a General in Minna named “Evil Genius”. The witness
tendered in evidence News Gate monthly Magazine of 15th
January, 2009 wherein this publication was made. The Magazine
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was admitted in evidence as Exhibit JCI/J/65/2009/2. It was on
page 5 of Exhibit JCI/J/65/2009/1 as follows:
“when the journalists attempted to speak to them, they said they were not worried. They boasted that there wouldn’t be any problem because highly placed Nigerians including a former Military President from Minna popularly known as the evil genius and the Federal Government were staunchly behind them”.
iii) Memorandum JCI/J/133/2009 by Bache Development
Association of Bassa Local Government Area. This memorandum
was presented on behalf of the Association by Nuhu Ashama on the
8th day of April, 2009. He testified as Commission witness 96
(CW96.) At page 7 of the memorandum (Exhibit JCI/J/133/2009/1),
the witness stated that after the boundary of Jos North Local
Government was carved out, it became apparent that the Local
Government was created to favour the Hausa/Fulani Community
and strengthen their claim to Jos.
(iv) Memorandum JCI/J/69/2009 by Berom Community Jos North
was presented on behalf of the Community by Dr. Baba Thomas
Bingel on the 24th day of February, 2009. He testified as
Commission witness 1 and stated that the action of General Ibrahim
Babangida in creating Jos North was against the wishes of the
people of the state, particularly, the Berom, Anaguta and Afizere
communities who had wanted a “Federe” LGA. He further told the
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Commission that with the way the Local Government was created,
the native Communities saw it as a grand plan by the Hausa/Fulani
to seize Jos Town from them using the Federal might. Other
memoranda in which General Ibrahim Babangida was mentioned
also in the course of oral evidence being led thereon are
memoranda JCI/J/206/2009, JCI/J/149/2009 and JCI/J/73/2009.
(v) The Commission invited General Ibrahim Babangida to appear
before it on the 28th day of July, 2009 to defend himself of these
allegations. He was represented by a two member team of lawyers
comprising Mohammed Ndayako Esq. and Benjamin Attah Esq.
(vi) Counsel on behalf of General Ibrahim Babangida generally
denied all the allegations against the General and stated that the
creation of Jos North Local Government was done in accordance
with the due process of creating Local Government Areas. Counsel
further stated that the decision to create the Local Government was
not an individual decision but a collective decision of the Armed
Forces Ruling Council. They tendered several documents from the
Presidential Library of former President, General Ibrahim
Babangida, to show that due process was followed in the creation of
Jos North Local Government Area. The following documents were
tendered and relied upon by Counsel:
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a) AIDE-MEMOIRE ON GUIDELINES FOR THE CREATION OF NEW LOCAL GOVERNMENTS - admitted in evidence as Exhibit SA1,
b) A letter from Berom Elders’ Council (BECO) dated 11th
September, 1991 titled “Request for the creation of more Local Governments from present Jos Barakin Local Government – admitted in Evidence as Exhibit SA2,
c) A letter from Berom Community dated 23rd January, 1989 tilted “REQUEST FOR THE CREATION OF JOS METROPOLITAN LOCAL GOVERNMENT COUNCIL COMPRISING OF DU, GWONG, GYEL, KURU AND VWANG DISRICTS OUT OF THE PRESENT JOS LOCAL GOVERNMENT COUNCIL“ – admitted in Evidence as Exhibit SA3,
d) A Letter titled “an open letter to the President......” dated 28th January, 1989- admitted in Evidence as Exhibit SA4,
e) A document titled Meeting of Governors held on 18th
September, 1991- admitted in Evidence as Exhibit SA5,
f) An undated write up titled “Request for the creation of a Jos East (Defunct Federe (sic).......” – admitted in Evidence as Exhibit SA6,
g) The States ( CREATION AND TRANSITIONAL PROVISIONS) DECREE (NO. 2) 1991 was admitted as Exhibit SA7.
h) A letter from Berom Elders’ Council (BEC) dated 3rd
June, 1992 titled “Reconsider Jos Local Government Area- admitted in Evidence as Exhibit SA8,
i) Submission/Memo.No.SGF./22/S.1/C.1/1/583 to the then President for consideration and review of the Local Government Areas wrongly created without the consensus of the people- admitted in evidence as Exhibit SA9.
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The learned Counsel for General Ibrahim Babangida told the
Commission that after Jos North Local Government was created,
the Government received complaints from the natives of Jos for a
review of the creation of the Local Government. Counsel also
informed the Commission that he had it on good account that
Exhibit S.A9 was raised by the then Secretary to the Federal
Government for consideration but before any action could be taken
on the memorandum, the former President stepped aside. He
thought that since Government was a continuous process, the
Government that came after his should have addressed the issue.
The Commission found that the creation of the Jos North
Government Area by General Ibrahim Babangida in 1991 was
clearly to favour the Hausa/Fulani of Jos North. The indigenous
tribes of Jos North did not demand for the creation of Jos North
Local Government in the form it was created. It was the
Hausa/Fulani that through Exhibit S.A4 demanded for the creation of
Jos North Local Government Area in the form it was created. The
indigenous tribes also demanded for the creation of Jos Local
Government but not in the form it was eventually created. The form
in which Jos North was created is in accordance with the demand of
the Hausa/Fulani of Jos North as contained in Exhibit S.A4.
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The Commission finds as a fact that there was no wide
consultations with all stakeholders before Jos North Local
Government was created in 1991 and as a result majority of the
people of Jos North are dissatisfied with the form Jos North Local
Government Area was created. As earlier pointed out, not even the
Hausa/Fulani of Jos North are satisfied. In as much as we find it
unacceptable that the Government of retired General Ibrahim
Babangida for created the Local Government without considering
the wishes of the generality of the people of the former Jos Local
Government, we do not think that it was a deliberate act to create a
crisis situation in Jos.
However, since majority of the people of Jos North are
dissatisfied with the form Jos North Local Government Area was
created, the Government can set up a machinery and put up a
demand before the National Assembly to consider a restructuring of
Jos North Local Government Area to reflect the wishes and
aspirations of everybody in Jos North.
4.2.5 The Nigeria Customs Service, Plateau State Command:
The Nigerian Customs came into the search light of the Commission
by virtue of memorandum JCI/J/160/2009, which urged the
Commission to:
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“find if there was diligence in performance of duties by the Federal Government, Customs amongst others”.
The main grudge of the witness against the memorandum
(Exhibit JCI/J/160/2009/1) was that sophisticated weapons were
used during the Jos Unrest of 28th November, 2008 and that if the
Nigerian Customs whose duty it was to check the importation of
illegal arms into the Country did their job, they could have
discovered that there was massive importation of illegal arms into
Jos North. The witness, Ikechukwu Tony Egwuonwu, who testified
as Commission witness 25 (CW 25) on the 19th day of March, 2009
told the Commission that the Nigerian Customs is one of the Federal
Government Agencies that was indirectly responsible for the Jos
Unrest of 28th November, 2008 for failing to do their job.
The Commission, therefore, invited the Comptroller of
Customs, Plateau state Command to appear before it on the 31st
day of July to present his response to this allegation against the
Nigeria Customs service. On the 31st day of July, 2009 when the
response was listed for hearing before the Commission, the Nigeria
Customs Service presented a 2 page written response signed by
one Nnachi Emeghe A/C. Mr. Nnachi Emeghe also gave oral
evidence when he appeared before the Commission on the 31st
July, 2009 to present his written response in order to explain some
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of the points in the written response. The witness both in his written
response and oral testimony before the Commission denied the
allegation that the Nigeria Customs Service, Plateau Command did
not do its job of checking all vehicles and persons coming into Jos to
ensure that they do not carry arms and ammunition into the city
leading to the proliferation of arms and ammunition in Jos North.
The witness at page 1 paragraph 1 of his written response (Exhibit
SH1) and his oral evidence summarized the functions of the Nigeria
Customs Service to include but not limited to suppression of
smuggling. The witness then told the Commission that as far as he
was concerned, the Nigeria Customs Service performed its duties to
the best of it abilities and in conformity with the Law establishing it.
In the words of the witness:
“These functions have been diligently pursued to the best of our abilities here in Plateau, Benue, and Nassarawa States Area Command.”
The witness told the Commission that the Customs Service is
very effective and because of its effectiveness, the Customs
Service, Plateau Command recently discovered and seized military
camouflage uniform materials concealed in a luxurious bus travelling
from the Eastern part of the Country to Plateau State and handed
them over to the Police for further investigation.
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On the issue of the allegation of their failure to check the
proliferation of arms and ammunition into Jos prior to the Unrest of
28th November, 2008. The witness stated that they were not aware
that there was proliferation of arms and ammunition into Jos prior to
the Unrest. According to the witness, this was due to the nature of
the location of Plateau State in the hinterland, which by Law,
mounting of check points by Customs is prohibited. The witness
further told the Commission that since the Custom Service, Plateau
Command does not have power under the law to set up check
points for checking what comes into the State, the Customs was
handicapped in detecting when, how and by whom arms and
ammunition were imported/brought into the State, a situation which
also make the arrest of those involved and seizure of such weapons
impossible. To buttress this assertion, the witness referred the
Commission to Customs and Excise Circular Nos.
NCS/ENF/ABJ/058/S.2/VOL.V of 19th July, 2004 and
NCS/ENF/ABJ/058/S.2/VOL.IV of 25th January, 2005 which
according to him prohibits the establishment of Customs check
points forty five kilometres radius from the border.
The witness thereafter went ahead and recommended to the
Commission that in view of the peculiar security situation in the
State, the Nigeria Customs, Plateau State Command should be
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provided with adequate logistics to perform its duties and also be
allowed to establish check points for effective checks.
The Commission has carefully reviewed the evidence of the
witness regarding the allegation against the Nigeria Customs
Service, Plateau Command and found that the allegation of
dereliction of duty on the part of the Nigeria Custom Services,
Plateau Command has not be established and thus the Service was
not in any way responsible for the Jos Unrest of 28th November,
2008. However, due to the legal limitation placed on the Nigeria
Customs Service, Plateau Command by the Customs and Excise
Circular Nos. NCS/ENF/ABJ/058/S.2/VOL.V of 19th July, 2004 and
NCS/ENF/ABJ/058/S.2/VOL.IV of 25th January, 2005, the
Commission hereby recommends that the Plateau State
Government should take up the matter with the Federal Government
of Nigeria and the relevant Customs authorities for the abrogation
of these circulars. This will enable the Nigeria Custom Service,
Plateau State Command establish check points in all points of entry
into the State for effective checks and control of arms and
ammunition and other offensive materials into Jos North Local
Government Area and Plateau State in general.
4.2.6 The Nigeria Immigration Service, Plateau State Command:
The Commission was also called upon by a memorandum
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presented by Barrister Itegwuonwu (Exhibit JCI/J/160/2009/1) to
investigate the activities of the Nigeria Immigration Service, Plateau
State Command, particularly the alleged involvement of large
number of foreign nationals in the Jos Unrest to find out if there was
any negligence of duty on its part. The Commission invited the
Comptroller of Immigration Service, Plateau State Command ,Jos to
appear before it on the 31st day of July, 2009 to defend the
Command and also explain its roles during the Unrest.
The Comptroller of Immigration Service, Plateau Command,
in the person of Mr. E.A. Gbuuga appeared before the Commission
on the 31st day of July, 2009. He presented a written response
which was admitted as Exhibit S.G.1. The witness in both his
written response and oral submission denied that the Nigeria
Immigration, Plateau Command was guilty of any complicity in the
Jos Unrest of 28th November, 2008 either prior to or during its
occurrence.
He made it clear that the officials of the Nigeria Immigration
Service, Plateau Command were never at anytime prior to the Local
Government Elections of 27th November, 2008 invited to take part in
any security arrangements for the Elections but this notwithstanding,
he used his discretion to issue a press release on the 25th day of
November, 2008 advising non-Nigerians to stay away from voting or
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disrupting the election. The witness further told the Commission in
his response that he also deployed his officers and men to observe
the elections with the aim of stopping foreign nationals from
participating in the election.
On allegation of the involvement of foreign nationals in the
Unrest, the witness stated in paragraph (8) page 2 of his response
that he wrote to the Comptroller of Nigeria Prison Service and
Director of State Security Service to avail him of the opportunity to
screen and determine the immigration status of all the suspects
alleged to be foreigners and he was obliged.
The Controller of Prison Service sent him a list of seventy six
(76) suspected foreigners which he screened and found out that
seven (7) out of the seventy six (76) persons are foreigners. Six (6)
of the seven (7) foreigners are Nigerien while the remaining one (1)
is a Tchadian. Two (2) of the six (6) Nigerien came into the country
illegally through Maigateri border in Katsina State while one (1)
came in through Kongonon border. The remaining three (3) came to
Nigeria through Baban Mutum also in Katsina State. He said all
these foreigners came into Nigeria before 28th November, 2008.
The witness blamed the influx of foreigners into Nigeria on the
porous nature of the Nigerian borders and stated that it was for this
reason that the Nigeria Immigration High Command proposed to the
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Federal Executive Council the construction of 147 passport control
plazas across the recognised borders posts in the country. He
urged this Commission to recommend to the Government to start
the construction of these passport control plazas immediately to
curtail illegal immigration across the porous Nigerian borders.
The Commission thinks that though the Nigeria Immigration
Service, Plateau State Command is not in a position to monitor the
influx of foreigners at the border, the Commands at these borders
can do so while Plateau State Command can at least monitor and
repatriate those illegally residing within Jos city.
As for the construction of passport control plazas across the
recognised border posts in the country, the Commission agrees
entirely with the suggestion of Nigeria Immigration Service that this
be done forthwith. This will go a long way to curtail illegal
immigration across the Nigerian borders.
4.2.7 Alhaji Yahaya Karaku, Executive Chairman, Okene Local Government Area.
Alhaji Yahaya Karaku, the former Executive Chairman of Okene
Local Government Area of Kogi State was mentioned in three
memoranda as one of the persons indirectly responsible for the Jos
Unrest of 28th November, 2008. The memoranda that mentioned the
former Chairman are as follows:
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Memorandum JCI/J/137/2009 by P.D.P Elders Northern Zone
Forum Plateau State. This memorandum was presented on behalf
of the P.D.P Elders Northern Zone Forum by Dr. Jonah Madugu on
the 25th day of February, 2009. He testified as Commission witness
No.7(CW7).The witness stated in page 14 -15 of the memorandum
(Exhibit JCI/J/137/2009/1) that:
“after the violence was brought under control, a band of 26 mercenaries called “Miyetti Allah Danga Vigilante Security”, a body said to be registered with Bauchi State Government .....came into the Town of Jos few hours into the curfew, in a convoy of a bus with the inscription Okene Legislative Council….. In their luggages were firearms (including Military “prohibited” ones), Army, Police and Anti riot Mobile Police uniforms, army and Police identity cards...........”
He then told the Commission that upon their arrest by the
Soldiers, the mercenaries when paraded on the Local TV Stations
and they confessed that they had been on vigilante operation in
Okene L.G.A at the invitation of the Council Chairman. The witness
went further to conclude that the only reason for their being in Jos
at the time was to cause violence on the innocent citizens of Jos
and further fuel the already restive situation in the city.
Memorandum JCI/J/206/2009 by Da Ezekiel J. Choji. This
memorandum was presented on the 16th day of June, 2009 by Da
Ezekiel Choji Dawang Joh who testified as Commission witness 99
(CW99). This memorandum (Exhibit JCI/J/206/2009/1) at page 17
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made reference to the case of the celebrated 26 “mercenaries”
whom the Okene Local Government Chairman was linked with and
the Commissioner of Police claimed knowledge. He lamented the
alleged treatment the “26 mercenaries” got. According to the
witness, the 26 mercenaries who were arrested in Jos on the 26th
day of December, 2008, were given presidential treatment as they
were transferred from Jos to Abuja to be tried outside the place
where the crime was committed.
Memorandum JCI/J/207/2009 by Sunday Kasuwa Bwoi. This
memorandum was heard on the 16th June, 2009 with Mr. Sunday
Kasuwa Bwoi himself testifying as Commission witness 103
(CW103). The Witness at page 6 of the memorandum (Exhibit
JCI/J/207/2009/1), stated among other things that:
“Alhaji Karaku stunned the world when he openly laid claim to the fact that the 26mercenaries intercepted and arrested in Jos were indeed his vigilantes hired from neighbouring Bauchi State to help him fight the menace of armed robbers in his Local Government Area speaks volumes of the extent of those externally involved in the planning, executing and fuelling the crisis..........”
The witness in his oral evidence told the Commission that he
mentioned Alhaji Karaku because he was the chairman of Okene
Local Government Area and tendered a News paper publication to
this effect. See Verbatim Report of the proceedings of the
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Commission for 16th June, 2009. The Commission invited Alhaji
Karaku to appear before it on the 30th July, 2009 and defend himself
and his Local Government of these allegations.
Alhaji Karaku was represented by a Counsel, one Yakubu
Shaibu Esq., who filed a written response on behalf of his client.
The written response was tendered and admitted in evidence as
Exhibit SF 1. The Chairman in his response denied the allegations
and contend that he did not arm or facilitate the arming of any
person or group of persons to cause crisis in Jos. He said when he
became the Chairman of Okene Local Government in April, 2008 he
was informed of the existence of a joint Police/Vigilante Group that
patrols all the Federal Highways within Okene Local Government for
the purpose of combating the activities of armed robbers and cattle
rustlers.
Alhaji Karaku added that on the request of the Commissioner
of Police, Kogi State, the Council renders what ever assistance it
could to the group for the effective performance of their duties.
According to the former Chairman, the Vigilante group was given
Okene Legislative Council’s bus being used by the group at the time
of their arrest in Jos after their bus got burnt and the Commissioner
of Police Kogi State wrote requesting for a vehicle to assist the
group. He denied all the allegations levelled against him and stated
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that none of the persons that made the allegations had any personal
contact with the alleged arrested “mercenaries” as these allegations
were based on Newspaper reports. He urged the Commission to
disregard all of them. In proof of his defence, the former Chairman
attached to his response the following documents:
a) Copies of The Daily Trust and The Nation Newspapers of January, 2009 where the alleged call for the arrest and prosecution of the Chairman was made by the Plateau State Government.
b) Copy of a letter dated 27th Feb.2009 from The Assistant Commissioner of Police, “B” Department Operations, The Nigeria Police Headquarters, Lokoja, Kogi State to the Chairmen, Okene/Adavi L.G.As Titled “ Request for Assistance and signed by one Ibezimako Aghanya, Commissioner of Police, Kogi State Command, Lokoja.
c) A letter dated 5th January, 2009 from CP Ibezimako Aghanya, the Commissioner of Police, Kogi State, to the Commissioner of Police, State Command Headquarters, Nigeria Police, Jos, Plateau State, titled “RE: ARREST OF ALHAJI HASSAN AND TEAM.
d) A letter dated 4th November, 2008 from The Commissioner of Police State Command Headquarters the Nigeria Police , Lokoja , Kogi State to Hon. Yahaya Abubakar Karaku. Executive Chairman, Okene Local Government Area, Kogi State Titled “Re: Allowance For Police Special Squad, Mobile Policemen and Non-Indigene Vigilante Groups” and finally
d) A letter from the Kogi State Government of Nigeria, Government House, Office of the Special Adviser to the Executive Governor dated 22/09/2009 and addressed to all Chairmen, Local Government Areas, Kogi State titled Maintenance of Vigilante Group/Neighbourhood Security in The State.”
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In view of all these explanations, the Commission is satisfied
with the defence of Alhaji Yahaya Abubakar Karaku, and finds no
evidence of his culpability or complicity in the Jos Unrest of 28th
November, 2008. The letters have shown that his action of giving
the Bus belonging to Okene Legislative Council to the Vigilante
Group in which they were arrested in Jos on the 26th day of
December, 2008 was strictly based on existing security
arrangements in the State before his assumption of Office in April,
2008 as the Executive Chairman of Okene Local Government Area.
The Kogi Police Command admitted equipping the Vigilante
group with arms and ammunition. This is perhaps where the
illegality should be looked at. Such a trend in the country may lead
to the official sponsorship of criminals in the name of working with
vigilante groups to fight crime in the Country. The activities of the
Vigilante Group should be investigated.
4.2.8 The Governor of Plateau State, Da Jonah David Jang and Government of Plateau State.
The Governor of Plateau State, Da David Jonah Jang and the
Plateau State Government were mentioned in a few of the
memoranda presented before the Commission as persons and
institutions indirectly responsible for the Jos Unrest of 28th
November, 2008. The allegations against them bother on security
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lapses and “shoot-on-sight” order allegedly issue to the security
forces. These allegations are contained in memorandum
JCI/J/147/2009 presented to the Commission by Human Rights
Watch. The organisation alleged that there were arbitrary killings by
the security forces following a “short-on-sight” order by Governor
Jonah David Jang of Plateau State leading to at least 118 cases of
alleged arbitrary killings. Human Rights Watch stated on page 5
paragraph 3 of its memorandum as follows:
“Plateau State Governor Jonah Jang issued a public statement on November 28 announcing a dusk-to-dawn curfew and warning citizens that security forces were under orders to return “fire for fire”. The following day, November 29, the Governor imposed a 24 hour curfew in the worst affected neighbourhoods and issued a “shoot-at sight order” to security personnel. .......”
According to Human Rights Watch, while most of the inter-
communal violence documented by Human Rights took place on
November 28, the vast majority of the alleged killings by the Police
and Military were carried out on November 29, the same day the
Governor issued the “shoot–on –sight order”. He expressed that this
was also the accusation of the Hausa/Fulani against the Governor.
It was as a result of this allegation of arbitrary killings by the security
forces that the Hausa/Fulani accused the Governor of genocide and
claimed they have reported him to the World Court. The
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allegation of the Hausa/ Fulani against the Governor is in every
material particular same as these allegations made by Human
Rights Watch.
Based on these allegations, the Commission invited the
Government of Plateau State to appear before it on the 7 th day of
August, 2009 and respond to this allegation against the Governor
and the State. The Government of Plateau State filed a written
response to these allegations and was presented by Mr. Samson
Jidauna Dimka, Secretary to the State Government. He testified as
Commission witness 213 (CW213) and denied all the allegations
against the Governor and Government of Plateau State. He told the
Commission that the Governor of Plateau State, Da David Jonah
Jang, and the Plateau State Government are not responsible for the
Unrest of 28th November, 2009. According to Mr. Dimka, the
Governor does not have power under the constitution to issue a
shoot- at- sight order to any security personnel in the country and
therefore did not issue any such order. He further stated that what
the Governor stated in his address to the people of Plateau State
following the civil disturbances in Jos on Friday 28th November,
2008 was that:
“security details are under instruction to return fire-for-fire from any person or group of persons disturbing the peace. It is this Statement of the Governor, he said,
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that some persons have mischievously misconstrued to mean “shoot-at-sight order” To substantiate this assertion, the witness attached to the
written response, a copy of the address of the Governor in question
as annexure ‘C1.’
The witness went on to furthermore the Commission that:
“the Governor, as a retired Senior Military Officer who is well aware of the workings and operational detailing of security forces on internal Security Operations, and conversant with the provisions of Section 215 sub-section 4 and Section 218 of the 1999 Constitution of the Federal Republic of Nigeria which spells out the power of the Governor in relation to the Commissioner of Police and that of the President in deploying the Armed Forces, could not have assumed power not bestowed on him by the Constitution by issuing a shoot- at- sight order to the Police and Military Personnel as alleged by the Human Rights Watch”.
The witness pointed out the fact that though Governor Jang is
the Chief Security Officer in Plateau State, the Police and Military
are Federal Security Forces under their respective hierarchy at the
Federal level of the Government. The questions now is whether
indeed Governor Jonah David Jang issued a shoot-on-sight order
to the security forces during the Unrest of 28th November, 2008? In
the first place, the allegation by Human Rights Watch that Governor
Jonah David Jang issued a shoot-on-sight order has not been
substantiated. The statement containing this alleged order has not
been produced before the Commission. While being cross
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examined by the Lead Counsel to the Commission, Mr. Eric
Guttschuss (C.W 195) who presented the memorandum of Human
Rights Watch stated that he had not seen the statement containing
the allege shoot-on-sight order. There is therefore no evidence to
substantiate this allegation that the Governor in a statement gave
security forces a shoot-on-sight order. It is not in doubt at all that
the Police and Military are Federal establishments under the
command of the President and Commander-in-Chief of the Armed
Forces and not a state Governor. Since there is no evidence to
substantiate this allegation, the Commission has no difficulty at all in
coming to a conclusion that the Government did not issue a shoot-
on-sight order. In any case, the security forces have categorically
denied ever receiving any shoot-on-sight order by the Government.
C.W.195 who presented memorandum JCI/J/147/2009 stated
therein as follows:
“Senior Police and Military authorities interviewed by Human Rights, however, denied having received or carried out an order to shoot- on- sight. The Nigerian army spokesperson, Brigadier General Emeka Onwuamaegbu, told Human Rights Watch “it is one thing for a political leader to issue an order , another for those of us implementing it.... our soldiers went out with very strict instruction to use minimum force and follow the rule of engagement”. The Assistant Commissioner of Police in charge of Operations
in Plateau State , Oga Ero, told Human Right Watch:
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“there was no order by my officers to shoot on sight as far as I was aware of”.
This piece of evidence was further corroborated by the former
Commissioner of Police, Plateau State ,CP. Samson V. Wudah, who
appeared before the Commission on 5th August ,2009. The former
Commissioner, who testified as Commission witness 212 (CW212)
stated emphatically that Governor Jonah David Jang has no powers
to issue a shoot-on-sight order to the Police and the Police did not
take any such an order from the State Governor.
According to C.W 212, the Police receives its instructions from
the Inspector General of Police and not the State Governor.
As far as the Commission is concerned, the allegation that the
Governor issued a shoot-on-sight order to the security forces
remains unproved and is not worthy of further consideration.
On the allegation that there were security lapses on the part of the
Government of Plateau State, CW213, denied that there were
security lapses on the parts of Government.
The witness at page 3 paragraphs 3.5 and 3.6 of the written
response chronicled the security steps taken by the Government of
Plateau state prior to the Local Government Elections held on 27 th
November, 2008 to ensure that the said Elections were held
peacefully . The witness stated as follows:
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“…… in preparing for the November, 27 2008 election, the security situation was carefully assessed and appropriate measures put in place to guarantee a successful and hitch free election. The State Security Council reviewed events and the security situation at the period preceding the elections and at its meeting of 24th November, 2008, took a decision to conduct the election. The government had acquired over 40 patrol vehicles equipped with communication gadgets for joint Operation Teams.............”
The witness further stated that:
“when Government was satisfied with the arrangement made by PLASIEC, the Security Council took all the necessary measures by way of Security deployment and logistics to facilitate a hitch- free State-wide election”.
The minutes of the Security Council meeting of 24th
November, 2008 was attached to the written response of the
Government and marked as annexure `A’. CW.213 further informed
the Commission that the Government at about midnight of the day
of the election received information that some youths had
converged to set up illegal road blocks, burn fires and barricades
around strategic locations along Bauchi road area in Jos North
despite the peaceful and successful conduct of the election and
when residents began to call the attention of security agents,
Government immediately despatched the joint operation security
team of the Police, Air force and Army who instantly and
successfully dispersed the unruly youth.
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The witness also informed the Commission that when the
Government at about 2.00 am received other reports suggesting
that a series of unprovoked violent attacks were being orchestrated
by a band of youths coming from the Ali Kazaure ward of Jos North
allegedly protesting the “outcome” of the election results in Jos
North, the Government once again immediately alerted the Joint
Operation Security Team of this latest development.
Finally, the witness told the Commission in paragraph 3.18
thereof that upon the receipt of the intelligence reports referred to
above, the Government directed the relevant security agencies to
arrest the culprits and have them prosecuted. In proof of this
averment, the witness referred the Commission to Annexure “C”
which is the minutes of the Security Council meeting PSSC 021,
2008 of Monday, 08, 2008 which was attached to the written
response.
The Commission has carefully and meticulously gone through
all the annexures attached to the written response of CW213 and
found that the various security reports received from SSS,
confirmed to the Government that adequate security arrangements
were on the ground for the conduct of a peaceful Local Government
elections of 27th November, 2008 and also to contain any likely up
rising during or after the election and also that the Governor and
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Government of Plateau State took numerous adequate and timely
security measures to protect lives and properties of its citizens
before and after the eruption of the Unrest of 28th November, 2008.
The Commission therefore, finds that the Government of Plateau
State and the Governor are not liable for any wrong doing regarding
security lapses on their part in relation to these allegations.
4.2.9 Alhaji Ibrahim Mantu, Former Deputy Senate President.
Alhaji Ibrahim Mantu, the former Deputy Senate President of the
Federal Republic of Nigeria was mentioned in memorandum
JCI/J/207/2009 as one of the persons indirectly responsible for the
Jos Unrest of 28th November, 2008. The memorandum was
presented to the Commission by Sunday Kasuwa Bwoi and was
heard by the Commission on 16th day of June, 2009 with Mr. Sunday
Kasuwa Bwoi testifying as Commission witness 103 (CW.103).
Although the witness did not state the role Alhaji Ibrahim Mantu
played in precipitating the Unrest he told the Commission in his oral
evidence that he mention Mantu because of revelations from
Mantu’s ADC who served under him for 7 years. The former ADC
granted an interview which was published titled “Mantu is behind
most of Jos crisis”. He also told the Commission that he had
expected Mantu to have refuted the allegations in that interview but
he did not which meant that what his ADC said was true. CW103
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said Mantu himself confirmed what his ADC said to be true when he,
Mantu referred to what the ADC said as a “betrayal.”
To prove this allegation, witness CW103 requested that the
former ADC, Alhaji Abubakar Dashe and Alhaji Ibrahim Mantu
himself be called to appear before the Commission and give
evidence. The Commission invited Alhaji Ibrahim Mantu and Alhaji
Abubakar Dashe to appear before the Commission. Alhaji Ibrahim
Mantu failed to appear before the Commission as requested but
Alhaji Abubakar Dashe appeared before the Commission on the 28th
day of July, 2009. Alhaji Abubakar Dashe testified as Commission
witness No.204 and confirmed that he actually granted the interview
in the Leadership Newspaper of March 8, 2009. A copy of the
Leadership Newspaper of March 8, 2009 containing the interview
published was tendered and admitted in evidence as Exhibit.SC.1.
While answering a question put to him by the lead Counsel to the
Commission, C.W 204 stated that Ibrahim Mantu was behind most
of the crisis in Jos. He proceeded to tell the Commission among
other things that as ADC to Mantu, he heard him on several
occasions inciting people thus “go and fight for your right, go and
resist”. According to CW 204, a personality like Mantu should not
use such inciting words. The witness told the Commission that from
his experience as ADC to Senator Ibrahim Mantu, he knew that
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most of these crises, especially in Jos North were fuelled by
Politicians like Mantu. He said whenever Ibrahim Mantu lost an
election, he would create problems using religion. That was the
evidence against Senator Ibrahim Mantu, former Deputy Senate
President of the Federal Republic of Nigeria.
A careful review and consideration of the totality of the
evidence adduced against the former Deputy Senate President,
revealed that nothing concrete was established against him,
suggesting that he precipitated the Jos Unrest of 28th November,
2008. The witness did not tell the Commission where, when and to
whom the inciting words were used by the Senator Ibrahim Mantu,
or that Mantu had a hand in the mayhem which occurred in Jos on
the 28th November, 2008. However, for the sake of the overall
security and well being of the State, the Commission advices
Government to watch and monitor the activities of Senator Ibrahim
Mantu in view of the evidence that whenever he lost an election, he
would cause trouble using religious sentiments. The Police should
investigate his activities
4.2.10 Alhaji Sale Hassan:
Alhaji Sale Hassan, Hausa/Fulani Community leader in Jos
North was also mentioned by some memoranda and witnesses
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who testified before the Commission as being indirectly responsible
for the Unrest. The Memoranda are:
(i) Memorandum JCI/J/91/2009 by Sunday Gomper of School of
Technical Education Plateau State Polytechnic, Barkin Ladi. This
memorandum was presented by Mr. Sunday Gomper himself on
the 19th day of March, 2009. He testified as Commission Witness 26
(CW 26). On page 20 of the said memorandum (Exhibit
JCI/J/91/2009/1), the witness identified Alhaji Sale Hassan, as
arrow head of the mayhem of 28th November, 2008 and stated
therein that it would be necessary for the Commission to invite him
to appear before it.
(ii) Memorandum JCI/J/78/2009 by Kuru Community, Jos South
Local Government, Plateau State. The memorandum was
presented on behalf of the Community Mr. by Samuel Dung Davou
on the 27th day of March, 2009. He testified as Commission
witness 44 (CW44). The witness on page 12 paragraph (j) of the
memorandum (Exhibit JCI/J/78/2009/1) mentioned Alhaji Sale
Hassan as one of the persons to be invited to appear before the
Commission to defend the role he played in respect of the Unrest of
28th November, 2008 because in 1987, Alhaji Sale Hassan vide the
Reporter Newspaper of Tuesday, October 13, 1987 called on the
Jasawa youths to rise up and recover Jos ruler ship and that ever
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since then, Jos has never known peace. The witness referred the
Commission to Newspaper in question which was attached to
memorandum JCI/J/78/2009 as Appendix 9.
The Commission invited Alhaji Sale Hassan to appear before it
and respond to this allegation but he failed to appear. The
Commission considers this as an unfortunate development. The
Commission has thoroughly reviewed all the evidence against Alhaji
Sale Hassan and found that he vide the Reporter Newspaper of
Tuesday, October 13, 1987 urged the Jasawa youths to rise up
and recover the rulership of Jos Town (See Appendix 9) and ever
since then Jos has not known peace. The witnesses also referred
this Commission to the previous Reports on Jos crisis, particularly,
those of Hon. Justice J. Aribiton Fiberesima’s Commission of Inquiry
into the Jos Riots of 12th April, 1994 and Hon. Justice Niki Tobi’s
Commission of Inquiry into the Civil Disturbances in Jos and
Environs on 7th September, 2001. The Commission went through
these Reports and found that indeed the name of Alhaji Sale
Hassan appeared severally in Hon Justice J. Aribiton Fiberesima’s
Report of 1994 as a founder of the troublesome Jasawa
Development Association responsible for all the crisis in Jos. (See
pages 27, 28 and 29 of the said Report). The Commission further
observed that in the Report of Hon. Justice Niki Tobi Commission,
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Alhaji Sale Hassan was not spared either. His name came up once
again in connection with the activities of Jasawa Development
Association which was held responsible for the 2001 Disturbances
in Jos and its Environs . Alhaji Sale Hassan was described in the
Report as the “mentor or sponsor of the Association.” Although he
was not directly linked to the present Unrest.
The Commission is of the view that the activities of Alhaji Sale
Hassan particularly in connection with the Jasawa Development
Association should be closely monitored by the Government. He
should be invited by the Police for a full investigation and report
about his activities particularly in connection with Jasawa
Development Association and the findings should be made available
to the SSS.
4.2.11 Sheikh Sani Yahaya Jengre:
A Muslim Cleric, Sheikh Sani Yahaya Jengre was mentioned
in many memoranda presented before the Commission as one of
the persons indirectly responsible for the Jos Unrest of 28th
November, 2008, for his very inciting preaching. Some of these
memoranda are as follows:
(i) Memorandum JCI/J/77/2009 by Honourable Francis Tadi Gazu.
The memorandum was presented by Hon. Francis Tadi Gazu on 2nd
day of April, 2009. He testified as Commission witness 69 (CW69).
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The witness at pages 9 and 10 of Exhibit JCI/J/77/2009/1 accused
Sheikh Sani Yahaya Jengre as one of the persons responsible for
the Jos Unrest of 28th November,2009. The witness is of the firm
view that if anyone was to be held responsible for the Unrest, it was
Sheikh Sani Yahaya Jengre. The reason for his assertion is that
Sheikh Sani Yahaya Jengre’s sermons to the Muslim Ummah was
very inciting, intolerable and outright misrepresentation of facts. The
witness further stated at page 5 of Exhibit JCI/J/77/2009/1 that
Sheikh Sani Yahaya Jengre’s sermon were full of intolerance for the
natives host of Berom, Anaguta and Afizere people. The witness
gave an instance of the intolerance displayed by the Sheikh in his
preaching by referring the Commission to the said sermon, where
the Mallam warned the Governor of Plateau State not to install a
Berom man as Chairman of Jos North and went on to dare the
Governor that if he does that, he would face dire consequences.
The witness also told the Commission that Sheikh Sani Yahaya
Jengre grossly mispresented facts when he told his congregation in
his sermon that they constituted eighty percent of the population of
Jos North. The witness went further to state that since the
supporters of the said Sheikh Sani Yahaya Jengre are
predominantly illiterates, they agreed totally with him and had every
reason to riot when they were told that a mere twenty percent
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population had been declared winners’. See pages 4, 5, 6 and 7 of
Exhibit JCI/J/77/2009/1.
These utterances and the circumstances in which they were uttered
are sufficient to trigger an Unrest:
iii) Memorandum JCI/J/91/2009 by Sunday Gomper (CW26) of
School of Technical Education Plateau State Polytechnic Barkin
Ladi. This witness listed Shiekh Yahaya Jengre as one of the
persons that should be held responsible for the Unrest and
recommended very strongly that his activities be investigated but did
not state any reason to support his assertion.
(iv) Memorandum JCI/J/207/2009 by Mr. Sunday Kasuwa Bwoi,
this memorandum also mentioned Sheikh Yahaya Jengre as one
of the persons indirectly responsible for the Jos Unrest of 28 th
November, 2008. At page 5 of the memorandum (Exhibit
JCI/J/207/2009/1), the witness who testified as C.W 103 listed
Shiekh Sani Yahaya Jengre as one of the persons he regarded as
prime suspects responsible for the Jos Unrest of 28th November,
2008,
(v) Memorandum JCI/J/152/2009 by Berom Forum, Chwelnyap.
This memorandum was presented by John Pam Choji on behalf of
the Forum on the 25th day of March, 2009. He testified as
Commission witness 37(CW37). On pages 1 and 2 of the
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memorandum (Exhibit JCI/J/152/2009/1), the witness referred to
provocative sermons by Muslim Ulamas and cited an example of a
recent sermon preached by Shiekh Sani Yahaya Jengre, which
according to the witness, was:
“quite inciting against adherent of other faith and contributed to the mayhem......” .
(vi) Memorandum JCI/J/65/2009 by Berom Patriotic Forum in
Tertiary Institutions of Plateau State: This is one of the memoranda
that also pointed out Shiekh Sani Yahaya Jengre as one persons
indirectly responsible for the Jos Unrest of 28th November, 2008.
This memorandum was presented on behalf of Patriotic Forum by
Dalyop Danladi Mancha, the Chairman of the Forum on the 25th day
of March, 2009. He testified as Commission witness 35 and
accused Sheikh Sani Yahaya Jengre because of his inciting
preaching contained in some cassettes being circulated in Jos city
prior to the Unrest.
(vii) Memorandum JCI/J/136/2009 by Berom Parliamentary Forum,
No. 10 Madu Road, Du. This memorandum was presented on the
19th day of March, 2009 by Mr. Toma Jang Davou on behalf of the
Forum. He testified as Commission witness 28 (CW28). On page
10, paragraph 6 of the memorandum (Exhibit JCI/136/2009/1), the
witness recommended the trial of Sheikh Sani Yahaya Jengre for
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causing the Jos riots which resulted in deaths and destructions of
wealth by his war propaganda. The witness in order to prove this
allegation tendered in evidence a cassette he called “Sheikh Sani
Yahaya Jengre “ cassette of war propaganda”. The Commission has
carefully listened to the preaching and found the message contained
in the preaching to be quite inciting and inflammatory.
The Commission in view of these evidence invited the said
Sheikh Sani Yahaya Jengre to appear before it on the 24th day of
July, 2009 and respond to these weighty allegations against him but
he failed to appear as requested. The evidence against Shiekh Sani
Yahaya Jengre is overwhelming and the Commission is of the view
that it constitutes some of what triggered off the Jos Unrest of 28th
November, 2008. The Commission finds that he was indirectly
responsible for the Jos Unrest of 28th November, 2008. He should
therefore be investigated by the Police and prosecuted for his role
in aiding and precipitating the Unrest.
4.2.12 Idris Ibn Mohammed and 4 others
Idris Ibn Mohammed, Sheikh Mohammed Usman Kano, Alhaji
Salisu Mohammed, Mallam Idris Abdul , Barrister Ahmed S. Garba
and Mohammed Adam: These persons were all mentioned in some
memoranda presented before the Commission. Memorandum
JCI/J/78/2009 by Kuru Community Jos South Local Government
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Council, Plateau State. This memorandum was presented on behalf
of the Community by Mr. by Samuel Dung Davou on the 27th day of
March, 2009. He testified as Commission witness 44 (CW44). The
witness on page 12 paragraph (j) of the memorandum (Exhibit
JCI/J/78/2009/1) recommended that these men, Idris Ibn
Mohammed, Sheikh Mohammed Usman Kano, Alhaji Salisu
Mohammed, Mallam Idris Abdul and Barrister Ahmed S. Garba be
invited to appear before the Commission to explain their roles in the
Unrest in Jos considering their write-ups in three documents he
attached to memorandum JCI/J/98/2009. The three documents
were tendered in evidence before the Commission and were
admitted in evidence as follows:
(a) A document titled “Association for Establishment of Islam In Jos Town” endorsed by Alhaji Salisu Mohammed and Mallam Idris Abdul, Exhibit JCI/J/78/2009/1.
(b) A Document titled “Which are the Tribes Contesting For Ownership of Jos” (from YANCI) Exhibit JCI/J/78/2009/3.
(c) Another document titled “JASAWA MUSLIMS” endorsed by Sheikh Mohammed Usman Kano, Exhibit JCI/J/78/2009.
According to C.W 44, these documents are inciting and
misleading. The witness insisted that the above named persons be
brought to the Commission to explain their roles in the Unrest of 28 th
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November, 2008 being authors of the alleged inciting and
misleading documents
(i) Memorandum JCI/J/149/2009 – Laranto Berom Community.
This memorandum was presented by John Rapp on the 27 th of
February, 2009 on behalf of the Community. He testified as
Commission witness 13 (CW 13). At page 9 of the memorandum
random (Exhibit JCI/J/149/2009/1), the witness mentioned One Idris
Ibn Mohammed as one of the persons responsible for fuelling the
crisis by making inciting publications (See the verbatim report of the
Commission’s proceedings for 27th March, 2009. In his evidence
before the Commission, C.W 13 specifically mentioned the roles of
the above listed persons played in the Jos Unrest of 28th November,
2008.
The witness stated that Idris Mohammed role in the Jos Unrest
was his authorship of a document titled “why we must carry out
Jihad”. As for Sheikh Mohammed, the witness said he called on
members of Jasawa Development Association to ensure that
Muslims should by all means become Chairman of Jos North. To
buttress this assertion, the witness tendered in evidence a
document addressed to members of Jasawa Development
Association which was admitted in evidence and marked as Exhibit
JCI/J/78/2009/4, Exhibit JCI/J/78/2009 is a wake up call to all
239
members of Jasawa Development Association to rise up and fight
for a take over of Jos North.
A careful perusal of Exhibit JCI/J/78/2009/4 shows that it
bears the name of Sheikh Mohammed Usman Kano but was not
signed and is undated. However, in view of the facts that the
contents of the publications are highly provocative, the Commission
urges the Police to thoroughly investigate this allegation and get to
the bottom of how the publication came about. If Sheikh
Mohammed Usman Kano is identified and he is indeed the author,
he should be prosecuted.
The witnesses also mentioned Alhaji Salisu Mohammed and
Mallam Idris Abdul because they were signatories to Exhibit
JCI/J/78/2009/2, a document emanating from “Supreme Council
for the Actualisation of Sharia in Nigeria”. The document is a
clarion call upon all Muslims in Nigeria to make financial
contributions towards a take over and islamization of Jos.
The Commission has carefully read and examined Exhibit
JCI/J/78/2009/2 and has seen that the document is dated 11th May,
2002 and indeed signed by Alhaji Salisu Mohammed and Mallam
Idris Abdul. Though the document precedes the Unrest of 28th
November, 2008, the contents and message in the document fits
appropriately into the circumstances of the Unrest of 28th November,
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2008. The Commission recommends that Alhaji Salisu Mohammed
and Mallam Idris be identified and prosecuted for writing inciting and
provocative materials.
As for Barrister Ahmed S. Garba, C.W 13 alleged that he
wrote and published a fabricated and inciting document tendered
and admitted in evidence as Exhibit JCI/J/78/2009/1. Barr. Ahmed
S. Garba was invited to appear before the Commission and respond
to the allegation against him but he failed to appear before the
Commission. The witness as well accused one Mohammed of
publishing exhibit JCI/J/78/2009/5 which according to him is biased
and inciting.
The Commission after a careful consideration of the totality of
materials and evidence placed before it found that all the write ups
attributed to these men are quite inciting and capable of breaching
the peace in Jos North Local Government. These inciting materials
constitute a permanent source of conflict in the minds of the youth
who are leaders of tomorrow. Indeed, publications of offensive
materials like these cannot enhance peaceful co-existence. It will
rather continue to inflame passions. In order to encourage peaceful
co-existence among residents of Jos, the Police should thoroughly
investigate the sources of these inciting and provocative publication
in order to bring the culprits to book. This will go a long way in
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calming nerves and further foster peaceful co-existence among
residents of Jos.
4.2.13 Alhaji Kega
The name of Alhaji Kega of Kega Motors was mentioned in
memorandum JCI/J/149/2009 presented by Laranto Berom
Community as one of the persons indirectly responsible for the Jos
Unrest of 28th November, 2008. This memorandum was presented
by John Rapp. On page 9 of the memorandum (Exhibit
JCI/J/149/2009/1) he stated that Alhaji Kega was one of the persons
that might be responsible for the Jos Unrest of 28th November 2008.
The witness stated that prior to the Unrest,
“it noticed unusual influx of aliens especially, youths into Jos. They were of Northern Descendants and their presence was noticed around Alhaji Kega’s (Kega’s motors) residence around Corner Shagari ”.
For this reason, the witness described Alhaji Kega as “a chief
suspect who supported the crisis” The Commission recommends
that the activities of Alhaji Kega be investigated by Security
Operatives. He should be able to tell the Police who were those
aliens in his house and where they were from and what they were
doing in his house at the relevant period.
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4.2.14 Alhaji Danladi Pasali, former P.D.P Chairmanship
aspirant for Jos North.
Memorandum JCI/J/126/2009 by Girin District Community.
This memorandum was presented by Mr Pius Benjamin Dung, the
secretary of the Community on behalf of the Community on the 23rd
day of March, 2009. He testified as Commission witness 31 (CW31).
At page 4 of the memorandum (Exhibit JCI/J/126/2009/1), the
witness mentioned the name of Danladi Pasali as one of the
persons responsible for the Jos Unrest of 28th November, 2008. The
witness accused Alhaji Danladi Pasali because of his displeasure
over what the witness described as “Hausa loss of the candidacy of
Governorship”. This he said was reflected in an interview Alhaji
Danladi Pasali granted the Daily Trust Newspaper of Monday, 26th
January, 2009, titled “No Hausa man will leave Jos North” The
witness further stated that the language used by Danladi Pasali
shows that he was aggrieved and could do anything to disrupt the
process of the election or better still join forces with any group to
ensure that hell broke loose.
The Commission carefully read the interview in question and
found that the language used by Danladi Pasali shows that he was
aggrieved and could do anything to disrupt peace in Jos.
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Another memorandum mentioned Alhaji Danladi Pasali is
memorandum JCI/J/95/2009 by The National Association of Afizere
Youth Movement. This memorandum was presented by Yakubu
Ashoms on behalf of the Association on the 8th day of April, 2009.
Mr. Yakubu Ashoms testified as Commission witness 97 (CW 97).
On page 19 of the memorandum (Exhibit JCI/J/95/2009/1), the
witness named Danladi Pasali as one of the persons indirectly
responsible for the Jos Unrest of 28th November, 2008. The
allegation against the said Danladi Pasali was based on an open
letter written to the presidency by the Plateau PDP Muslim forum
published in the Daily Trust of 3rd February, 2009. In view of all
these allegations, the Commission invited Alhaji Danladi Pasali to
appear before it and defend himself, but he failed to appear.
Since Alhaji Danladi Pasali refused to appear before the
Commission and respond to the allegations made against him, the
Commission in view of the gravity of the allegation against him, is of
the view that Alhaji Danladi Pasali should be invited by the Police
and investigated for any complicity in the Jos Unrest of 28
November, 2008 and if sufficient evidence is established against
him, he should be prosecuted and punished accordingly.
4.2.15 ANPP Chieftain: Hon. Nazifi Yusuf and Mohammed
Sani Mudi. These men were also mentioned in numerous
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memoranda presented and by witnesses who gave evidence before
the Commission.
(i) Memorandum JCI/J/58/2009 by The Berom Community
Development Association Janda ( Fudawa). The memorandum was
presented by one Anthony Gyang Bot on behalf of the Association
on the 19th day of March. He testified as Commission witness 29
(CW29). On pages 9 and 10 of the memorandum (Exhibit
JCI/J/58/2009/1), the witness mentioned ANPP Chieftain, Nazifi
Yusuf and Mohammed Sani Mudi as those indirectly responsible for
the crisis. According to the witness, his view is predicated upon the
evidence the two men, gave before the House of Representatives
Ad-hoc Committee on the Jos Unrest of 28th November, 2008 to the
effect that “the crisis of 28/11/08 followed their protest against
attempts to change the results at the collation centre. The witness
then called on the Commission to invite them to come and explain
their roles in the Unrest.
(ii) Memorandum JCI/J/95/2009 by The National Association of
Afizere Youth Movement. This memorandum was presented by
Yakubu Ashoms on behalf of the Association on the 8th day of April,
2009. Mr. Yakubu Ashoms testified as Commission witness 97 (CW
97). At page 19 of memorandum (Exhibit JCI/J/95/2009/1), the
witness named Hon. Nazifi Mohammed as one of the persons
245
directly responsible for the Jos Unrest of 28th November, 2008. The
allegation against the said Hon. Nazifi Mohammed is based on his
alleged statement that if the Candidate of ANPP was not declared
winner of the Chairmanship election in Jos North hell would be let
loose. Hon. Nazifi Mohammed was invited to appear before the
Commission on the 21st day of July, but he failed to do so.
(iii) Memorandum JCI/J/126/2009 by Girin District Community. This
memorandum was presented by Mr Pius Dung, the Secretary of the
Community on behalf of the Community on the 24th day of March,
2009. He testified as CW 31. On page 4 of the memorandum
(Exhibit JCI/J/126/2009/1), the witness accused Hon. Nazifi
Mohammad as one of the persons responsible for the Jos Unrest of
28th November, 2008. The witness alleged that Hon. Nazifi made a
statement during the security meeting at the Police officers mess on
the 24th of November, 2008 and stated as follows:
“ if ANPP does not win the forthcoming Election in Jos North, the town will be on fire”.
According to C.W. 31, the security meeting was preparatory
to the election of 27th November, 2008.
(iv) Memorandum JCI/J/133/2009 by Bache Development
Association of Bassa Local Government of Plateau State. This
memorandum was presented by Mr. Nuhu Ashama on behalf of the
246
Association on the 8th day of April, 2009. Mr. Nuhu Ashama testified
as Commission witness 96 (C.W96). The witness on page 8
identified Nazifi Mohammed as the person that started the Jos
Unrest of 28th November, 2009. According to the witness, there was
an eye witness account of how Nazifi started the Unrest by making
phone calls calling on some people to come out because the infidels
have won the election. This eye witness is retired CSP Sale Adudu.
Retired CSP Sale Adudu was invited to the Commission and he
gave evidence as C.W.202. In his evidence he stated as follows:
“when I got to Kabong, I met John Kenle…. So when the results were coming in, the Hausa/Fulani were leading with almost about thirty something thousand – very close to be favour of the result. But later the other results were coming from the indigenes. At about 11:00 p.m the result of the indigenes were almost fifty something thousand. Then, some of them started shouting, the arna has won the election, they have won this election”.
C.W. 202 said it was at this stage that Hon. Nazifi
Mohammed made about 10 phone calls to some unknown
persons saying:
“Ku fito, ku fito, arna sun ci zabe”Meaning“come out, come out, the infidels have won the election”
247
According to C.W 202, it was the series of alarms raised by
Hon Nazifi Mohammed to some unknown persons through phone
calls that triggered off the Unrest.
(v) Memorandum JCI/J/137/2009 PDP Elders Northern Zone Forum
Plateau State. The memorandum was presented on behalf of the
Forum by Doctor Jonah Madugu. He testified on the 25th day of
February, 2009 as Commission witness 7 (CW 7). At page 16 of the
memorandum (Exhibit JCI/J/137/2009/1), the witness identified
Honourable Nazifi Mohammed ( former member Plateau state
House of Assembly) and Honourable Aminu Baba (the defeated
PDP Chairmanship candidate for Jos North Local Government
Council) as some of the persons indirectly responsible for the Jos
Unrest of 28th November, 2008. According to C.W7, the duo
contributed in no small measure to the flaring up of nerves
penultimate the election. Furthermore, the witness alleged that the
content of the interviews granted by these individuals to the media,
print and electronic, local and international revealed that they had
the motive to instigate mayhem in the city of Jos unless Aminu Baba
of ANPP was declared winner of the Chairmanship election.
It was on the strength of these serious allegations that the
Commission invited Hon. Mohammed Nazifi to appear before it on
the 21st day of July, 2009 and respond to the allegations against
248
him. He was personally served with an invitation to appear before
the Commission. This same invitation was published in several
National Dailies. The Commissions finds that the allegations
against Hon. Nazifi are weighty and overwhelming. The
Commission recommends that he be invited by the Police and
interrogated. He should be prosecuted.
4.2.16 Alhaji Abba, Alhaji Jamil of Jamil Motors and
Ibrahim Mohammed of National Museum.
Memorandum JCI/J/67/2009 by Tekan Youth Fellowship. This
memorandum was presented on behalf of the youth fellowship by its
president, Bro. Emmanuel Nanle on the 26th day of March, 2008.
Brother Emmanuel Nanle gave evidence as C.W.41 and in his oral
testimony identified the following persons, as being directly/indirectly
responsible for the Jos Unrest of 28th November, 2008.
C.W 41 told the Commission he suspected that Alhaji Abba
and Alhaji Jamil of Jamil Motors knew something about the Jos
Unrest of 28th November, 2008 because he used to buy cars from
Alhaji Abba at Bauchi Road but few days to the Unrest, he went to
the Alhaji Abba’s car stand at Bauchi Road for the purpose of
buying a car but found that he had removed all the cars in the car
Stand .He further told the Commission that when he inquired from
the Alhaji Abba the where about of his cars, Alhaji Abba told him
249
that he had moved the cars to Abuja. The witness also told the
Commission that Alhaji Jamil also did the same which was an
indication that they had prior knowledge that there would be Unrest
in Jos North that period.
For Ibrahim Mohammed, a staff of National Museum, Jos, the
witness told the Commission that he was seen wearing army
uniform and was armed with a gun on the day of the Unrest. The
witness then urged the Commission to invite these men to appear
before the Commission to say what they know about the Unrest.
From the evidence available to the Commission, Alhaji Abba
and Alhaji Jamil were alleged to have got a prior knowledge of the
Unrest and that was why they were able to remove their vehicles
from their car stands shortly before the Unrest. The duo thus have a
strong allegations standing against them. The Commission
recommends that they be investigated.
Ibrahim Mohammed was seen wearing army uniform and was
armed on the day of the Unrest. He should be thoroughly
interrogated and prosecuted.
As for all other persons mentioned by this memorandum, no
concrete allegation has been made against them in memorandum
JCI/J/67/2009.
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4.2.17 The Council of Ulamas and Jama atu Nasril Islam
Jos North (JNI)
Council of Ulamas and Jama’atu Nasril Islam were accused of
being responsible for the Jos Unrest of 28th November, 2008 by
various memoranda presented before the Commission and
witnesses who testified in respect of these memoranda.
Memorandum JCI/J/206/2009 by Da Ezekiel D.J. Choji - This
memorandum was presented on the 16th day of June, 2009 by Da
Ezekiel Choji Dawang Joh who testified as Commission witness 99
(CW99). CW99 came down heavily on the Council of Ulamas. He
told the Commission that the Council of Ulamas:
“are preachers of hatred who use their vantage position and facilities in the Mosques to preach civil disobedience and encourage Jihadist violence using public address systems in the presence of security agents without reaction from them. Crisis of this nature has become the fastest money spinning industry, as soon as they strike, they take the bodies to the Mosques, film them and have the video posted on the internet to show the ignorant Islamic world the falsehood that Muslims are being persecuted and that needed financial and material support to fight the so called infidels.” Millions of hard currencies are sent o them to cause more havoc on the Plateau.............”
The witness then went on to say that the Council of Ulamas in
Plateau must be investigated to explain their roles in the Jos Unrest
of 28th November, 2008.
251
P.D.P Elders Northern Zone Forum Plateau State presented
memorandum JCI/J/137/2009 which was tendered in evidence and
admitted as Exhibit JCI/J/137/2009/1. The forum identified Jama’atu
Nasril Islam, Jos North as one of the groups responsible for
precipitating the Jos Unrest of 28th November, 2008 because during
the Unrest, they were busy carrying every corpse from the street
into the Central Mosque, filming same and posting the video clips
on the internet to create the impression that people were killed
inside the Central Mosque. The forum argued that the Hausa/Fulani
actually killed all these people themselves and hurriedly carried the
bodies into the Mosque for purpose of whipping up sentiments to
gain sympathy from gullible media and compounding the problem
beyond the frontiers of Plateau State. The video clip was tendered
and admitted in evidence as Exhibit JCI/J/154/2009/5 which the
Commission viewed on the 13th day of May, 2009.
The Commission invited the leaders of the Council of Ulamas
and JNI to appear before it to respond to the allegations against
them, but they failed to appear, alleging fears of bias. The
Commission after a careful study of the whole unfortunate incident
urge the Government of Plateau State to advise religions institutions
strong against fanning the embers of propaganda encourage and
252
foster inter-religious dialogue among the various religious groupings
in Jos North.
4.2.18 The State Security Service (SSS) Plateau State
Command:
The State Security Services, Plateau State Command was
also accused of being indirectly responsible for the Jos Unrest of
28th November, 2008 because of its failure to give the Governor of
Plateau State an accurate report of the security situation on ground
concerning the looming breakdown of law and order in the State
prior to the Unrest in Jos North. The memorandum that alleged this
lapses against the State Security Service Plateau Command in this
regard is memorandum JCI/J/160/2009 by the Izu Umunna Cultural
Association Jos. The presenter testified as Commission witness 25
(CW 25). On page 5, paragraph (b) the association appeal to the
Commission to investigate and find if there was diligence in the
performance of duties and functions of Federal Government and
other agencies including the SSS prior to Unrest that erupted in Jos
North on the 28th day of November, 2008. In his oral evidence CW25
insisted that the SSS did not do their job hence the Unrest. He said
the SSS should be held responsible for the Unrest and should be
brought before the Commission to explain its role in the Unrest of
28th November, 2008. The Director of the State Security Command
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was given notice to appear before the Commission on the 31st day
of July, 2009 to respond to the allegations levelled against the
service by CW25. The former Director of the State Security Service,
Plateau State Command, A.B. Charanchi who was the man on
ground prior to and during the Jos Unrest of 28th November, 2008
appeared before the Commission. In his oral submissions, he
denied that the State Security Service, Plateau Command was guilty
of any negligence of its duties. According to him, the SSS did their
job very well as it reported every security situation in Jos North and
the State at large to the Governor of Plateau State prior to the
outbreak of the Jos Unrest.
The witness further told the Commission that at various stages
prior to the Unrest, he informed the Governor of Plateau State about
the threats to peace, law and order in Plateau State, and
particularly, in Jos North Local Government Area in the following
areas:
a) Disagreement over the choice of Timothy Buba as the PDP flag bearer for the Chairmanship seat in Jos North alleging over bearing influence by the State Governor, Jonah David Jang,
b) The fielding of a Christian Vice Chairman for the PDP which introduced ethno religious political dimension into the Political situation and which also caused the disquiet as most Muslim party members
254
threatened to leave PDP or vote en-mass for the opposition parties, particularly ANPP,
c) The agitation of other political parties for lack of confidence in PLASIEC to conduct free and fair elections,
d) Threat of resistance by Muslim Community in Jos over alleged marginalization,
e) Inciting sermon of one Idris Mailafiya prior to the election calling on the Muslims to vote only for the Muslim candidates who will protect their interest.
During his oral presentation he did not tell the Commission
that he assured the Governor and Government of Plateau State that
these anticipated threats could be curtailed by the SSS and other
security operatives in Jos. However, the Commission on perusing
the previous security reports allegedly sent to the Governor by the
witness, discovered that the former Director of the SSS concluded
most of his reports to the Governor with the assurance that the
service had put adequate measure on the ground to contain any
such possibility. For instance in the security report addressed to the
Governor dated 22nd October, 2008, Mr. A.B. Charanchi concluded
the report as follows:
“The State is expected to be relatively peaceful in the month of November, 2008 regardless of the envisaged threats. The service will sustain efforts at frustrating neutralizing and containing threats in liaison with the relevant agencies and Government to ensure peace in the State please.”
255
Similarly, in the security report of 16th November, 2008, about
11days to the election, the Director of the SSS concluded in the
general assessment thus:
“The elections are envisaged to be largely peaceful in most LGAS. However Jos North, Langtang North.... Regarding Jos North LGA, there is a strong likelihood of post-election violence. However this command has emplaced containment measures including perception management and cautioning of relevant stakeholders and groups, including leaders of political parties, candidates in the elections... Furthermore, the command is liaising closely with relevant security agencies to ensure a peaceful conduct of the election, please”.
From the above evidence, the Commission is of the view that
the allegation that Governor was not adequately informed of the
security situation on ground prior to the Unrest is not completely
unfounded. The Commission is of the view that there should be
better and more cordial understanding between the SSS and
Plateau State Government.
The above represents the assessment of the Commission on
the numerous names mentioned by various memoranda as being
either directly or indirectly responsible for the Unrest of 28th
November, 2008.
The Commission found that some names were only mentioned
vaguely without any particularity and hence could not be identified.
256
Others were mentioned with very little evidence adduced against
them.
The Commission was greatly limited in its ability to proffer any
assessment against these groups and therefore urges the alleging
parties to provide further and better particulars to enable further
investigation by the Police.
257
CHAPTER FIVE
5.0 Extent of loss of lives and injuries to persons
This Chapter relates to the term of reference 3(c) of the
Commission which is to “ascertain the extent of loss of lives and
damage to property”.
The Commission’s mandate did not expressly direct it to
make recommendations for the payment of compensation. The
Commission has nevertheless been empowered by term of
reference No. 3(e) of the instrument establishing it to “make any
other recommendations incidental to the Commission’s terms of
reference”.
The Commission has set out in detail here-under the names
of persons who lost their lives and those injured during the Unrest
as supplied by the various memoranda presented before it.
The Commission wishes at this juncture to rely on its
omnibus term of reference and impress it upon not only the State
Government but also the Federal Government to look into the
claims of those injured and the families of those who lost their lives
during the Unrest. This is imperative as some of the families who
presented memoranda on loss of lives and injuries to persons
have made claims for such losses and injuries.
258
The Commission gathered from the totality of evidence
placed before it that people suffered from various types of injuries,
ranging from gun shots, arrows, burning and/or machete attacks
and some of which resulted in the fatalities suffered. Distilling from
the various Memoranda and evidence based thereon, the following
lives were lost in the Jos Unrest of 28th November, 2008.
5.1 Loss of Lives
MEMO.JCI/J/133/2009 – Bache Development Association Of Bassa L.G.A
1. Aaron Asaharu
2. Samuel Amanya Assak
3. Adudu Achisun
MEMO.JCI/J/151/2009 – Stefanos Foundation 1. Amos Goyo
2. Ige Dogo
3. Samson Ajala
4. Laraba Ishaya
5. Tunde Oyilola
6. Dauda Dagama
7. Chinedu Emeka
8. Paul Agwam
9. Danjuma Goyol
10. David Goyol
11. Israel Goyol
12. Abednego Sule
13. Adani Mathew
259
14. Henry Ezike
15. Steven Olanrewaju
16. Ngokwa Ismail
17. Mr. Okeke Eket
18. Mr. Kosara Okeke
19. Miss. Ngozi Okeke
20. Mr. N. T. Yusuf
21. Agabu Istifanus
22. Dauda Dagama
23. John
24. Michael Arandon
25. Adang
26. Rev. Ephraim Masok
27. Peter
28. Martha Azi
29. Samuel Arin
30. Peter I. Arin
31. Dung Tok
32. Shugatan Zfinaza
33. Yinka Ojebisi
34. Abraham Oladimeji
35. Danladi Machocho
36. Dennis Nyam
37. Philip Atem
38. Cletus Eliya
39. Nenfort Danbaba
40 Ishaya Dekin Irimiya
41. Samson Ajala
42. Bala Tapnu
260
43. Nicodemus Daniel
44. John Garba
45. Monday Ido
46. Agabus Istifanus
47. Samuel Joseph
48. Tunde Oyedokun
49. Victor Eliya
50. Bitrus Bawa
51. Jacob Yinka A.
52. Samuel Kum
53. Nike Obe Adegbemiro
54. Dale
55. Victoria L. Daniel
56. Laraba Iliya
57. Yusuf Jacob
58. Pastor James Lawet
59. Bulus Daniel
60. Rev. Timothy Abituna
61. Sunday Alawode
62. Noah Olaniyi
63. Samuel Olaniyi
64. Abigail Olaniyi
65 John Aboyi
66. Iliya Peter
67. Emmanuel Luka
68. Barr. Atang Toma Afan
69.. Mary Chukanya
70. Barnabas Anno
71. Bawa Inuwa
261
72. Rotgak Gana
73. Hassan Baba
74. Joseph Nyango
75. Daniel Ibrahim
76. Geoffrey kwonpat
77. Danlami Zusha
78. Rev. Bulus Tsety
79. Bulus Daniel
80. Moses kyata
81. Francis Stephen
82. John Pam Chibi
83. Ibrahim Sako
84. Maikole Maiagwa
85. Daniel Sunday
86. Kmsi Sani
87. Timothy John
88. Bisat Danjuma
89. Francis Aruma
90. Emmanuel Gaiya
91. John Garba
92. Musa Manja
93. Yohanna Musa Manja
94. Davou Barge
95. Gyang Davou Barge
96. Bot Chewnd
97. Timothy Tanko
98. Sunday Alamu
99. Ishaku Gimba
100. Azi Ada Rin
262
101. Bulus Nyam
MEMO. JCI/J/112/2009/1 –Mrs Rahila Goyol, Kauna Baptist Church, Rikkos , Jos.
1. Mr. Amos Goyol*
2. Tokitda Amos Goyol* (all listed in Memo JCI/J/112/2009)
3. David Amos Goyol*
4. Israel Amos Goyol*
MEMO.JCI/J/68/2009 – Irigwe Community Domiciled In Jos North.
1. Bulus Ali
2. Denkwe Gado
3. Mrs. Izah
4. Ige Tegwi
5.. Mrs. Salalve
6. Joseph Tari
7. Diba Kpasha
8. Isiaku Ransa
9. Kureh Duzongo
10. Danladi Yakubu Juwa
MEMO. JCI/J/22/2009 – Rev. D. A. Ogunlowo And 1 Or
1. Mr. Mathew Aja.
2. Mr. Alawu
3. Mr. S. A. Dele
MEMO.JCI/J/28/2009 - Mwaghavul Development Association
Jos Branch
263
1. Mr. Agabus Dechan
2. Mr. Bulus Chafen
3. Mr. Bisat Samuel
More than 100 Igbo people killed, however, no names were
given by (Memo No JCI/J/160/2009 – Izu Umunna Cultural
Association, Jos).
MEMO.JCI/J/17/2009 – Senior Staff Association., Jos
1. Hse Grace Kaze (S. 4425)
2. Madam Christiana Pai (S. 5003)
3. Oshowo Comfort (S. 4459)
4. Mrs. A. A. Badewa
5. Mrs. F. A. Dosunmu
6. Mr. W. A. Fanko
7. Mrs. E. Adekunle
8. Lydia Sha
MEMO.JCI/J/03/2009 –, Evang Musa Paul Gindiri
1. Mr. Noah T. Yusuf (also listed memo JCI/J/151/2009 and
Memo No. JCI/J/137/2009).
MEMO. JCI/J/159/2009 – Prof. Sonni G. Tyoden
1. Uchenna Ezike *
2. Samuel Akipisoya
3. Olubaomi Taiwo
4. Dang Weng
5. Ibrahim Dauda
6. Balogun Emmanuel
7. Ogunji Sayo
264
8. Mr. Maxwell Dewa
9. Victor Amaziah
MEMO.JCI/J/137/2009 – P.D.P. Elders Northern Zone Forum
Plateau State
1. Mr. Kwasu Zaruma
2. Mr. Timothy John *
3. Mayowa Bolaji
4. Joseph Poujugu
5. Barr. Azi Musa Afan
6. Samuel Arin Izang *
7. Danladi Yakubu*
8. N. T. Yusuf*
MEMO. JCI/J/134/2009 – Church of Christ in Nigeria
1. Pastor James Lewat* and three other members
2. 5 members COCIN Nassarawa
3. Timothy Joseph
4. Joseph Fom Jugu
5. Dung Tsok*
MEMO.JCI/J/171/2009 – Mrs Comfort A. Akinjogbin
1. Oluwaleke Akande
2. Adetola Odusole
3. Ibukun Akinjogbin (all NYSC)
MEMO.JCI/J/79/2009 – Haske Women Association Russau
Village Jos North L.G.A. Plateau State.
1. Mr. Kwasu Zaruma
265
2. Timothy John*
3. Mayowa Bolaji
MEMO.JCI/J/37/2009 – Ngas Development Association Jos
North Branch.
1. Nde Bala Munuk (Alias don’t cook)
2. Nde Gabriel Bile
3. Nenfort Danbaba (repeat of Memo No. JCI/J/94/2009
4. Jirit Danbaba
5. Fwengak Rotshak
6. Amos Goyol and three children*
7. Ishaya Bellneng
8. Nengak Deshi
9. Michael Goyol*
MEMO. JCI/J/127/2009 - Igbo Community Association (I.C.A.)
Jos
1. Onyekachi Nnadi
2. Nwakego Madumere
3. Cletus Chukwu
4. Ikedi Duru
5. Henry Nwachukwu
6. Ogechukwu Inyama
7. Uzondu Njoku
8. Amechi Nmadufor
9. John Ukachi
10. Gabriel Nwaigwe
11. Nnamdi Uzogara
12. Chijioke Anim
266
13. Rascal Uchendu
14. Livinus Opara
15. Kenneth Osuji
16. Cyril Ezeh
17. Chidiebere Etonihu
18. Chukwudi Okwara
19. Albert Adimekwe
20. Ukachukwu Eze
21. Emeka Ikejiaka
22. Uzoma Onuebunwe
23. Samuel Uju
24. Charles Felix Obi
25. Silas Oguzo
26. Anyaocha Romanus
27. Henry Ezike *
28. Victor Ndonlokwem
29. Romanus Echesirim
30. Michael Akachukwu
31. Joseph Ezeugwu
32. Paulinus Eze
33. Gloria Ogbu
34. Martina Ogbu
35. Peter Ani
36. Philip Ugwu
37. Sunday Okorie
38. Martin Okonkwo
39. Andrew John O.
40. Titus Nnamani
41. Stephen Ugwu
267
42. Christian Ugwu
43. Sabastine Ugwoke
44. David Ezema
45 Christopher Ukwueze
46. Charles Omeje
47. Martin Ugwu
48. Chukwuma Ozoagu
49. Bartholomew Onovo
50. John Ani
51. Stanley C. Aguagba
52. Alphonsus Chukwujioke
53. George Ogbujiagba
54. Andrew Okeke*
55. Miss Ngozi Okeke*
56. Kosarachi Okeke *
57. Simon Anyadubaula
58. Alfred Chianumba
59. Nnamdi Okeke
60. Louis Ikegbune
61. Adolphus Nsoedo
62. Chinedu Aghaji
63. Arinze Okonkwo
64. Clement Onwurah
65. Uchenna Ifejika
66. Emmanuel Ezinne
67 Mgbojikwe Samuel
68. Innocent Okonkwo
69. Cyprian Nwafor
70. Onyeka Okoli
268
71. Innocent Ginika
72. Sunday Chidebelu
73. Nwankwo Nnaemeka
74. Angus Nwakalor
75. Chigbogu Modebelu
76. Cyril Enweluani
77. Uche Udeagbala
78. Michael Kalu
79. Joseph Kalu
80. Stephen Chukwu
81. James Chukwu
82. Joseph Oturu
83 Pius Oturu
84. Christian Nwanchukwu
85. Maduabuchi Steve
86. Anthony Kalu
87. Stella Kalu
88. Okon Oji.
89. Nwaokorie Michael
90. Ogbonna David
91. Emmanuel Nwoji
92. Jonathan Ejiogu
93. Anthony Maduako
94. Philip Maduabuchi
95. Okey Sunday
96. Peter Nwokike
97. Ogbonnaya Agwu
98. Joseph Agwu
99. Peter Okoro
269
100. Gregory Onu
101. Steve Okafor
102. Solomon Obasi
103. Alum Christopher
104. Okorie Jacob
105. Anthony Egwu
106. Jude Mba
107. Pius Obasi
108. Andrew Uneke
109. Gilbert Uneke
110. Sabastine Enewe
111. Pius Anyam
112. Cletus Aziekwu
113. Mary Ossai
114. Nnamdi Okikiri
115. Linus Nwokobia
116. Mike Uyakonwu
117. Roseline Isichie
118. Usondu Chiedu,
MEMO. JCI/J/93/2009 – Church Of Christ In Nigeria (COCIN)
(Chwel – Nyap, Jos)
1. Pastor James J. Lewat*
2. Baba Bulus Daniel*
3. John Garba*
4. Ibrahim Garba
5. Sunday Samson
6. Dauda Dauji Dagama*
7. Pam Usman
270
8. Chinedu Emeka
9. Agabus *
MEMO.JCI/J/41/2009 - Farin Gada Community Development
Association, Jos North
1. Jonathan Tere.
2. Bulus Agom
3. Samuel Yakubu
4. Kwasu Zaruma
5. Aaron
Three (3) NYSC Members*
MEMO. JCI/J/184/2009 – Mrs. Caroline Okeke
1. Mr. Andrew Okeke *
2. Mr. Kosarachi Okeke*
3. Miss Ngozi Okeke*
MEMO. JCI/J/89/2009 – Ngas Youth Movement (NYM)
1. Nde Bala Monuk
2. Nde Gabriel Mbile
3. Mr. Pangak Iliyas
4. Mr Nengak Deshi
5. Mr. Jirit Danbaba
6. Mr. Fwengak Rotshak
7. Mr. Rotshak P. Gana
8. Amos Goyol *
271
9. Mr. Jacob A. Goyol*
10. Mr. Inuwa Goyol*
11. Tokidda A. Goyol*
12. Nenfort Danbaba* .
MEMO.JCI/J/193/ 2009- Mountain Of Fire And Miracles
Ministries –Middle Belt Region ,Jos , Plateau State.
1. Shola Olaseni Akindipe
2. Agnloye Sunday
3. Abiola Moshude Rabiu
MEMO. JCI/J/176/2009 – Anaboze (Buji) Community –
Resident In Jos and Bukuru
1. Sani Tafinta
2. Inusa Musa
MEMO.JCI/J/94/2009 - Barrister Kopduna Danbaba
1. Nenfort D. Danbaba*
MEMO. JCI/J/183/2009 – The Tiv Community Of Plateau State.
1. Mr. John Sanga
2. Mr. Addi Agor. (Repetition memo No. JCI/J/163/2009)
MEMMO.JCI/J/144/2009 – Chief Emmanuel Ezike
1. Henry Uchenna Ezike*
MEMO.JCI/J/163/2009 - Samuel Ihulugh Ndyar And 5 Others
1. Zungwe Adi :
272
MEMO.JCI/J/201/2009 – Berom and Other Tribes of St.
Augustine Monastery
1. Simon Anyandubalu
MEMO.JCI/J/196/2009 - Urhobo Community Jos Plateau State
1 Mr. Benjamin Aboze
2. Mr. Joel Aboze.
3. Mr Ejiro Aboze
4. Mr. Wilfred Udu:
MEMO. JCI/J/202/2009 - Yoruba Community
Oyo State
1. Mallam Shuarau Abdul Jabbar
2. Alh Tajudeen Gbadamasi
3. Abdul Fatai Gbadamasi
4. Abdul Waheed Abdul Rahman
5. Rilwan Abdul Fatai
6. Abdul Aziz Raji
7. Obe Adegbemiro Stephen
8. Mr Mathew Ajani
9. Evang Timothy
10. Mr Dimeji Ojebisi
11. Mr Yinka Ojebisi*
12. Mr Samson Ajala
13. Mr Noah O.
14. Mr S.A. Dele
15. Mr O. Alamis
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16. Madam Mariam Tella
17. Emili Olaniyi
18. Olu Olaniyi
19. Noah Olaniyi*
Ekiti State
1. Bayo Alofe
Osun State
1. Dehinde Moris
2. Alh Moshood Lawal Raji
3. Tunde Oyedokun*
4 Sunday Oyeniyi
5. Tunde Usman
6. Ibukun Akin* (Corper)
Ondo State
1 .George Akindapo
Ogun State
1.Okusi
Kwara State
1. Mallam Surajudeen
2. Mallam Kazeem
Kogi State
1. Pastor Peter Falade
274
MEMO.JCI/J/130/2009 – Evangelical Church of West Africa (Nassarawa Local Church Counsel, Jos District
1. Mr. N.T. Yusuf*
MEMO.JCI/J/114/2009 – Iki Atsen Arin and 2 Ors.
1. Peter Ibrahim Arin*2. Adang Atsen Arin*3. Atsen Ayama Arin*
MEMO.JCI/J/95/2009 – The National Association of Afizere Youth Movement (AYM)
1. Ishaku Gimba*2. Samuel Arin Izang *3 Barrister Azi Musa*4. Ishaya Irmiya Ajik*5. Peter Ibrahim Arin*6. Adang Atsen Arin*7 Dennis Inyam*
MEMO.JCI/J/102/2009 ECWA Bishara No. 1 Adebayo Street, Jos.
1. Mr. N.T. Yusuf*
MEMO.JCI/J/95/2009 – The National Association of Afizere Youth Movement (AYM)
1. Ishaku Gimba*
MEMO JCI/J/97/2009 – Pan Development Association, Jos
1. Mr. Stephen Goeshalong
MEMO JCI/J/115/2009 – Kauna Baptist Church, Rikkos, Jos
275
1. Mr. Amos Goyol*2. Tokida Amos Goyol*3. David Amos Goyol*4. Israel Amos Goyol*
MEMO. JCI/J/121/2009 – Deeper Life Bible Church, Jos Plateau State Headquarters, Jos.
1. Israel Oyelami
MEMO.JCI/J/124/2009 – Hoteliers Drinks Distributors and Sellers Association, Plateau State Branch.
1. Mrs. Moyosola Kayode Akinyemi2. Mr. Emeka Ephraim3. Mrs Late Usikre & 2 Others
MEMO.JCI/J/146/2009 – Evangelical Church of West Africa (ECWA)
1. Elder N.T. Yusuf*2. Rev. Empraim Masok3. Mama Lami Izeh4. Mr. Monday Kure
MEMO.JCI/J/26/2009 – CAN Directorate of Research.
1. *Put the total number of persons who lost their lives at 129 but did not give their names.
MEMO. JCI/J/30/2009 – Organisation of African Instituted Churches, Plateau State Chapter.
1. Aladura Michael2. Mrs. Abigail Olaniyi*3. Four (4) Children of Mrs Abigail Olaniyi*
276
MEMO. JCI/J/12/2009 – Rev. E.I. Algbejo (Pastor of Bethel Raptist Church, Jos.
1. Mr. Yinka Ojebisi*2. Mr. Demiji Ojebisi
MEMO. JCI/J/53/2009 – Nassarawa Baptist Church, Jos (Gbenga Olaleye)
1. Evangelist Timothy Adetona2. Mr. Adegbenron Obe
MEMO.JCI/J/71/2009 – The Anaboze (Buji) Development Association, Nasarawa Gwong, Jos.
1. Sani Tafinta
MEMO. JCI/J/42/2009 – Agboola Baptist Church, Fudawa Bauchi Ring Road
1. Mrs. Mary Oladele and two* (2) of her younger brother
MEMO.JCI/J/113/2009 – The Central Baptist Conference
1. Loss of 19 lives, but no names was given.
MEMO.JCI/J/65/2009 – The Berom Patriotic Forum in Tertiary Institutions of Plateau State.
1. Listed 129 death but no name was given.
The above represents the lists of persons given as persons
who lost their lives during the Unrest as presented by each
individual memorandum. The Commission found that several
memoranda repeated names already given in other memoranda.
Those repeated names are asterisked above.
277
Gleaning from all the memoranda and the lists of persons
presented, the Commission found that the actual number of
persons who lost their lives in the Unrest is 312.
5.2 Claims for loss of lives.
The Commission also found that amongst the memoranda,
three presenters made monetary claims for lives lost. These are:
i) Memorandum JCI/J/144/2009 by Chief Emmanuel Ezike : the witness told the Commission that his son, Mr. Henry Uchenna Ezike who was a final year student of Physiology/Pharmacology of the University of Jos was killed during the Unrest of 28th November, 2008. He made a claim of N10,000,000 for the loss of his life.
ii) Memorandum JCI/J/163/2009 by Samuel Ihulugh and 5 others; the witness told the Commission that Zungwe Adi who was macheted to death They made a claim of N30, 000,000:00 for the loss of life.
5.3. Names of persons Injured during the Unrest.
From the various Memoranda and evidence presented
before the Commission, the following persons sustained various
degrees of injuries during the Jos Unrest 28th November, 2008:
278
MEMO. JCI/J/111/2009 – Izang Ayama Arin
1. Izang Ayama Arin
MEMO.JCI/J/151/2009 – Stefanos Foundation
1. Adam Eveh
2. Binchan Fankur
3. Friday Yakubu
4. Sunday Haruna
5. Christopher Dogo
6. Seyi Odewumi.
7. Michael Eze
8. Tanimu Rivi
9. Ajang Yakubu
10. Peter Umaru
11. Musa Bala
12 Danladi Chozhi
13. Andrew Bitrus
14. Filibus John
15. Samuel Giwa
16. Sunday Unah
17. Arung Nyam
18. Danjuma Yakubu
19. Gideon Monday
20. Shut Rwang (Silas Luka)
21. Christopher Danjuma
22. Sunday Usman
23. Kwasio Zaroma Sani
24. Femi John Akirele
25. Caroline Okeke
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26. Nengak JIbo
27. Atul Ajiki
28. Philip Adankala
MEMO.JCI/J/133/2009 - Bache Development Association:
1. Samson James
2. Samuel Giwa*
3. Adamu Ive
4. Ayuba Gado
5. Friday Yakubu
6. Danjuma Lassa
7. Ibrahim Lassa
8. Tanimu Rivi *
9. David S. Tongwe
10. Yakubu Audu
11. Gara Adogi
12. Steven Gado
13. Mr. Daniel Chozhi
14. Musa James
15. Sunday Anku*
16 Filibus John*
17 Mali Choyi
18. Danjuma Pah
19. Thomas Alebi
20. Yusuf Musa
21. Ariver Adamu
22. Aba Ali
23. Momoh Bala
24. Ado Mandara
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25. Dogo Maichibi
26. Danjuma Agwa
27. Chohu Adamu
28. Daniel Sunday
29. Yakubu Inuwa
30. Agaya Ado
31. Demi Ngu
32. Monday Goro
33. Joshua Wamba
34. Sunday Anku *
MEMO.JCI/J/28/2009 – Mwaghavul Development Association
Jos Branch.
1. Mr. Naanpan Gabriel Nungkyes
2. Mr. Joshua Naanpan
3. Mr. Pankyes I. Shalook
4. Mr. Emmanuel Musa
5 Mr. Augustine Artubur
6. Ephraim Kombun
7. Usaini Manji Istifanus Joseph
8. Mr. Maxwell Dabor
9. Mr. Peter Benshak
10. Mr. Mundi Josiah
MEMO.JCI/J/117/2009 – Academic Staff Union of University of
Jos, Jos Branch
1. Pokyes Yakwal
2. Mr. Mugu Yusuf
281
MEMO.JCI/J/134/2009 – Church of Christian In Nigeria
(COCIN)
1. Ekwu Danjuma
2. Gabriel Antipas Ponsah
3. Tongnen Oliver
4. Davou Dung
5. Sohbe Hosea
6. Friday Lumi
7. Mwoldom Dalong
MEMO.JCI/J/37/2009 – Ngas Development Association Jos
Branch.
1. Nentawe Sindima
2. Jatau Ali
3. Mungak Deshi
4. Yiljura Dagan David
5. Joseph Gonsun
6. Shemshak Gomer
MEMO.JCI/J/93/2009 – Church Of Christ In Nigeria (COCIN)
(Chwel – Nyap, Jos)
1. Dorcas Vou Choji
2. Jinedu Kokong
3. Ibrahim Izang
4. Nyam M. Sha
5. Damon
6. Habila David Ariku
7. Simon Kyanta
8. Grace Dung
282
9. Julius Dung
10. Mark Dung
11. Davou Joro
12. Dauda Wayo limoro
13. Christopher Thomas
14. Kish Kish Dauda
15. Habila Kurma
16. Elisha Yohanna Yakubu
17. Da Yohanna Yakubu
18. Caleb Dung Jari
19. Samson Magaji
20. Christopher Yasha
21. Musa Bala *
22. Gideon Monday
23. Oladipo
24. Kangyang Tengwong
25. Mr. Henry Agom
26. Mr Joseph Jatau
27. Mr Paul Sani
MEMO.JCI/J/95/2009 – The National Association Of Afizere
Youth Movement
1. Itse Atu
2. Izang Ayamma*
3. Igyem Makeri Atsi
4. Adang Nyam
MEMO. JCI/J/89/2009 – Ngas Youth Movement (NYM)
283
1. Mr. Nunggak D. Felix
2. Mr. Yiljura P. Gokwat
3. Mr. Semshak Gomer
4. Mr. Hosea T. Dangana
5. Nentawe Sindima
6. Barthelomew Marvel
7. Mr. Jatau Ali
8. Olayinka
9. Sabastine Sabairu
MEMO. JCI/J/176/2009 – Anaboze (Buji) Community Resident
In Jos And Bukuru
1. Yakubu Audu*
2. Sam Audu
3. Gabriel Audu
4. Joseph Jenadu
5. Italiya Maitala
6. Amos Auta
7. Bitrus Sankira
8. Simon Nadawo
9. Dani Nadawo
10. Hashimu Lanba
11. Joshua Ujande
MEMO.JCI/J/183/2009 – The Tiv Community Of Plateau State.
1. Mr. Achohol Lazarus
2. Mr. Ihyulen Indyar*
284
MEMO.JCI/J/79/2009 – Haske Women Association Rusau
Village Jos North.
1. Amana Musa
2. Michael Sunday
3. Ayeba
MEMO. JCI/J/54/2009 - The Apostolic Church, Jos Area Lawna
Territory.
1. Sunday Ekanem: Burnt Body and
hospitalised = N240,000.00
MEMO.JCI/J/163/2009 - Samuel Ihulugh Ndyar And Others
1. Lubem Ruben Adi :
2. Bunde Lorhemba:
3. Isaac Ayila:
MEMO.JCI/J/137/2009 – P.D.P. Elders Northern Zone Forum,
Plateau State
1. Samson James*2. Samuel Giwa*3. Adamu Ive*4. Ayuba Gado*5. Friday Yakubu*6. Danjuma Lassa*7. Ibrahim Lassa*8. Tanimu Rivi*9. David S. Rongwe*10. Yakubu Audu*
285
11. Denkwe Gado*12. Mrs. Izah*13. Ige Tegwi*14. Bulus Ali*15. Gara Adogi*16. Steven Gado*17. Danladi Chozhi*18. Musa James*19. Sunday Anku*20. Filibus John *21. Mali Choyi*22. Mrs. Sala Ive*23. Joseph Tari*24. Diba Kpasha*25. Danjuma Pah*26. Isiaku Ransa*27. Thomas Alebi*28. Yusufu Musa*29. Ariver Adamu*30. Aba Ali*31. Momoh Baba*32. Ado Mandara*33. Dogo Maichi*34. Danjuma Agwa*35. Chohu Adamu*36. Daniel Sunday*37. Yakubu Inuwa*38. Agaya Ado*39. Demi Ngu*40. Kureh Duzongo*41. Danladi Yakubu Juwa*42. Monday Goro*43. Joshua Wanba*44. Sunday Anku*45. Mr. Henry Agom*46. Mr. Joseph Jatau*47. Mr. Paul Sani*48. Amana Musa*49. Mr. Michael Sunday*50. Ayeba*51. Itse Atu*52. Sunday Anku*53. Musa James*
286
54. Mr. Sunday *55. Ayuba Daniel*56. Samuel Giwa*57. Mr. Nuhu*58. Mr. Aba *
MEMO.JCI/J/68/2009 – Irigwe Community Domiciled In Jos North LGA.
1. Samson James*2. Samuel Giwa*3. Adamu Ive*4. Ayuba Gado*5. Friday Yakubu*6. Danjuma Lassa*7. Ibrahim Lassa*8. Tanimu Rivi*9. David S. Tongwe*10. Yakubu Audu*11. Bulus Ali*12. Gara Adogi*13. Steven Gado*14. Rev. Danladi Chozhi*15. Musa James*16. Sunday Anku*17. Filibus John *18. Mali Choyi*19. Joseph Tari*20. Danjuma Pah*21. Isiaku Ransa*22. Thomas Alebi*23. Yusufu Musa*24. Ariver Adamu*25. Aba Ali*26. Momoh Baba*27. Ado Mandara*28. Dogo Maichibi*29. Danjuma Agwa*30. Chohu Adamu*31. Daniel Sunday*32. Yakubu Inuwa*33. Agaya Ado*34. Demi Ngu.*
287
35. Monday Goro*36. Joshua Wamba*37.. Sunday Anku *
MEMO.JCI/J/130/2009 – Evangelical Church of West Africa (Nassarawa Local Church Council), Jos District.
1. Sunday Anku*2. Musa James*3. Sunday*4. Samuel Giwa*5 Mr. Nuhu*6 Ayuba Daniel*
MEMO.JCI/J/95/2009 – The National Association of Afizere Youth Movement (AYM)
1. Musa Azi Itse
2. Adang Nyam,
3. Adamu Zela
4. Baba Tela Isha
5. Hon. Adar Roseline Baraje (Mrs)
MEMO. JCI/J/146/2009 – Evangelical Church of West Africa
(ECWA)
1. Samuel Nyako
2. Three members
3. Philip Adankala
4 Simon Danbako
5. Sunday Anku*
6. Samson Sunday*
7. Musa James*
288
8. Agwom Sani
9. David Joshua
10. Wilson Danjuma
11. Luka Gyang
12. Dachollom Gyang
13. Gyang Hwere
14. Eld. Danladi Gona Chozhi*
15. Eld Tanimel I. Rivi
16. Eld. Bulus M. Innah
17. David S. Gongwe
18. Danjuma Yakubu*
19. Baba’a Amala
20. Ibeh John
21 Danjuma Audu*
22. Stephen Gado*
23. Amaja Adogi
24. Gara Adogi*
25. Tina Richard
25. Richard Chohu
26. Monday Richard
27. Mali Choyi*
28. Mrs. Marry Rangu
29. Baba Mai-agula Adogi Gara
MEMO.JCI/J/30/2009 – Organisation of African Institute
Churches, Plateau State Chapter.
1. Mrs. Gbenga Akingbesote
2. Ayo Adebisi
3. Evang. Akinbami
289
4. Mrs. Odewumi’s Children
MEMO.JCI/J/71/2009 – The Anaboze (Buji) Development
Association, Nassarawa Gwom, Jos.
1. Yakubu Audu*
2. Sam Audu*
3. Gabriel Audu
4. Joseph Jenadu
5. Amos Auta
6. Bitrus Sankira
7. Simon Nadawo
8. Dani Nadawo
9. Hashimu Lanba
10. Joshua Ujande
The above represents the lists of persons given as persons
injured during the Unrest as presented by each individual
memorandum. The Commission found that several memoranda
repeated names already given in other memoranda. Those
repeated names are asterisked above.
Gleaning from all the memoranda and the lists of persons
presented, the Commission found that the actual number of
persons who sustained varying degrees of injuries during the
Unrest is 323.
290
5.4.Claims for injuries.
It is necessary to state here that some injured persons made
claim for injuries sustained and the medical bills they paid for the
treatment of such injuries. The memoranda wherein such claims
were made include:
MEMO JCI/J/196/2009 The Urhobo Community, Jos, Plateau
State: The presenter of this memorandum claimed a total sum of
N840,000.00 in respect of medical bills incurred by two of their
members (Hajia Jokpa Abdullahi and Mr. A. Tialobi for treatment
of the injuries they sustained during the unrest in the sum of
N420,000.00 respectively
MEMO JCI/J/54/2009 – Apostolic Church, Jos Area Lawna
Territory: The presenter of this memorandum claimed a sum of
N240,000.00 on behalf of a member of their Church, Mr. Sunday
Ekanem and the medical bill incurred for the treatment of fire-burn
injuries he sustained during the unrest.
5.5.Missing Persons
From the various Memoranda and evidence before the
Commission, the following people were declared as missing in the
Jos Unrest of 28th November, 2008.
MEMO. JCI/J/196/2009 – Urhobo Community Jos Plateau State
1. Mr. Benjamin Aboze
291
2. Miss Precious Aboze
MEMO JCI/J/146/2009 – Evangelical Church of West Africa
(ECWA) .
1. Mr. Barnabas Anno Kumbo
MEMO. JCI/J/137/2009 – PDP. Elders Northern Zone Forum Plateau State.
1. Mr. Yohanna Aika
2. Mrs. Nanle Auta
3. Ayo Nka
4. Bulus Monday
Total number of persons missing = Seven (7)
CHAPTER SIX
6.0 Extent of damage to property and claims
This chapter shall deal with the third arm of the Term of
Reference No. 3(C) of the Commission, which is to ascertain the
extent of damage to property amongst others.
292
From this Term of Reference, the Commission is merely to
among other things, ascertain the extent of damage to property
and is not empowered to make award or pay compensation to
those who lost their properties or those whose properties were
damaged, burnt, vandalised and or destroyed during the Jos
unrest of 28th November, 2008.
The Commission is, however, by the Term of Reference
No.3 (e) empowered to make any other recommendations
incidental to the Term of Reference of the Commission. In view of
this Commission’s power, the Commission hereby lists below in
tabular summary form all the relevant memoranda and extent of
damage to property and claims based thereon presented before it
by various persons, groups of persons, institutions and other
bodies affected by the Jos Unrest of 28thNovember, 2008
The Commission wishes to invoke its power in the Clause 3
(e) of its Term of Reference to put it across to the Government of
Plateau State and the Federal Government of Nigeria to look into
these claims for the purpose of making appropriate compensations
to affected persons. This is imperative considering the pains and
losses that have been suffered by these people. Most of these
Claims have been supported by Police Extracts, Affidavits of
293
Loss/Damage, photographs and Valuation Reports of the
destroyed, damaged, vandalized or burnt property. These have
been admitted in evidence and marked accordingly. These
Exhibits all formed part of the bundle of Exhibits in this matter.
The Commission, has for ease of reference, indicated in the
relevant column what supporting documents are available on each
claim and finally the last column where page numbers of the
particulars of each claim can be found in volume 1A (Appendix) to
the main Report.
The details of the extent of damage to property and Claims
thereon have been given as Appendix in Volume 1A to the main
Report.
CHAPTER SEVEN
7.0 Recommendations
The Commission had the benefit of 221 registered
Memoranda and heard all of the 211 of them that were orally
presented at its public sittings, whilst 213 witnesses gave oral
evidence under oath and were examined by counsel. The
294
Commission also had the added benefit of the visit to the locus-in-
quo and consultations with several stakeholders, respected elders,
leaders and shapers of thought within the country. The
Commission, with the main objectives of truth, equity and peaceful
co-existence is strongly of the view that dealing with the Unrest of
the 28th of November, 2008, and the efforts at forestalling future
reoccurrences requires the employment of both preventative and
curative measures. The Commission recognises the urgency of all
of its recommendations but understands that the effects or fruition
of the efforts at implementing each of them shall require time.
Therefore, as a start the Commission urges all parties to sincerely
embrace peace in the face of adversity and permit the efforts at
rebuilding to take its course. Thus the following recommendations
were decided as being imperative.
7.1Criminal Investigation and Prosecution of Persons.
A number of individuals were named as being either directly or
indirectly involved in criminal acts including alleged murder,
assault, criminal damage, arson, conspiracy, inciting public
disturbances and other acts that are recognised criminal acts
under the Criminal Code of the Laws of the Federation of Nigeria.
In some cases, direct evidence was given by witnesses under oath
295
against the named perpetrators. In some instances, people or
groups were alluded to without being identified or any particulars
given. The Commission was not created nor was it empowered as
a prosecutorial body, hence in accordance with its mandate, the
approach of the Commission was to receive all the evidence
tendered and invite named and identifiable persons. These have
been thoroughly examined in Chapter 4. The Commission hereby
recommends:
i. That the persons named in some of the memoranda as being involved in alleged criminal acts should be identified and investigated by the police and prosecuted accordingly. The participants found to be culpable should be punished under the law.
ii. That the individual events and occurrences alleged to have happened should also be investigated and the participants should be prosecuted where necessary and punished under the law.
iii. That persons and groups alluded to should be identified in each instance with the assistance of the parties that made such allegations. These should be investigated and prosecuted, and where appropriate punished under the law. Persons arrested and detained must also be investigated in order to ensure prompt prosecution of those who have culpable evidence against them, and those found without cases to answer or who were wrongfully arrested should be promptly released.
296
iv. The volume of prosecutions pursuant to the Unrest of November 28th 2008 may be pursued by a dedicated team from the office of Public prosecutions under the Attorney-General of the State with the assistance of an investigative arm of the Police. Nevertheless, even after these matters are investigated the options the State may pursue include one borne out of the fact that the reoccurrence of violence is viewed as being highly probable unless a genuine quest for peace and reconciliation is embarked upon. The State Government should set up a Reconciliation Commission for the purposes of allowing adversaries to meet and reconcile their differences. Those who come out and embrace this process may be granted amnesty from criminal prosecution. The State Government should then seek to investigate and prosecute those who do not.
7.2 Implementation of previous Reports of Commissions of Inquiry.
The Commission noted the existence of a number of previous
commissions of inquiry that had rendered Reports to the State
Government. Usually these Reports should be published followed
by the release of Government white papers based on their findings
which should also be published. The Governments should then put
implementation mechanisms in place for the recommendations
made therein. This has not happened. The Commission drew a
lot from these reports as they were often referred to in several
memoranda and also particularly because some had the benefit of
representations from the Hausa/Fulani as well as the Muslim
communities within Plateau State, these being some of the groups
that did not present themselves before this Commission. The
Commission recommends:
297
i. A publication of previous reports of commissions of inquiry, the issuance of Government white papers based on the reports and the gazetting of the same.
ii. Putting into motion an implementation committee that will look at the means and modalities of co-ordinating the implementation of these previous reports and this present Report inclusive.
7.3 Compensation for confirmed victims of the mayhem
The Commission found that numerous individuals and
organisations including Government agencies were victims of the
Unrest. People lost their lives and left dependants behind, people
suffered varying degrees of injuries, homes and other property
were lost or damaged, and organisations lost money and material.
Some of the memoranda before the Commission put in
Statements of Claim inter alia. The Commission encouraged the
Claims to be supported by evidence where possible, sworn
affidavits verifying the Claims as well as the use of evaluation
reports where such was applicable to the nature of the Claims.
The Commission recommends:
i) That the State Government should set up a committee for the purpose of scrutinising and verifying the Claims presented.
ii) That the Government should set up a compensation scheme aimed at coming to the aid of these people and groups and alleviating their suffering by paying
298
compensation if not in whole, at least in part. The State Government should also request that the Federal Government provide it with support in this effort.
iii) That hospitals, clinics and aid organisations should also be allowed, to submit claims for the relief and emergency aid rendered to many victims, during the period of the Unrest, a lot of which were left unpaid.
iv).A number of schools were destroyed and many school children have been denied of school premises. The Government must treat the rehabilitation of these institutions as a matter of priority in order to alleviate the impact on children.
7.4 Redress illegal land acquisition and mapping out of slums
The Commission heard witness testimony on the growth of
illegal land acquisition within and around the Jos metropolis.
There was evidence before the Commission of haphazard and
indiscriminate land grabbing, land development without planning
approvals leading to the creation of slums which formed enclaves
for miscreants within the communities. The Commission
recommends:
i. That the State Government should take urgent steps to acquire slums and clustered settlements such as Gangare, Yan Tinka, Rikkos Cattle market(Yan Shanu), Angwan Rogo, Angwan Rimi, Angwan Dalyop, Katako, part of Ali Kazaure, Dilimi, and create a modern city out of them including the construction of urban access roads through these settlements. The Government should open
299
up the slums by roads and infrastructure such as housing estates, clinics and modern schools.
ii) That the Government is advised to reacquire the University of Jos land and hand over same to the University’s authorities. Over time, some persons had acquired some parcels or portions of the University of Jos land by tribal settlements, wrong issuance of Rights of Occupancy and other title including numerous illegal sales and purchases. With the active co-operation of the Federal Government, the land which forms part of the layout of the University community should be repossessed and immediately occupied by the University who should seek to fence it and develop it for its use. This will enhance security within the University’s campuses.
7.5 Security with recognized flash-points and Relocation and security of Bauchi Road Motor Park
The Commission found and identified that certain parts of Jos
have become flash-points of high volatility and are usually the epi-
centres when crises erupt.
The security of the University of Jos was also put in question
particularly because of the proximity of the Bauchi Road motor
park to it and as a result of the closeness, the tendency for a spill
over effect into the University during crises with its attendant
consequences of attracting victims from the University’s
community. The centrality of the park with its imminent chaos is
another consideration as motor parks are known hideouts of touts
and criminal elements. The Commission recommends:
300
i) The State Government must immediately ensure that there is the establishment by the police of well manned security posts and police stations within and around these recognized flash points.
ii) That the State Government should relocate the motor park and its appurtenances to an appropriate location.
iii) That security, police and private must be maintained in and around motor parks being public arenas with high volatility of violence.
7.6 Provision of emergency response outfits and enforcement of regulations
A lot of the damage that occurred from the burning of Katako
market, the State High Court premises and other buildings were
exacerbated by the lack of fire fighting and rescue response units
as well as equipment to handle the emergency situations that
arose therefrom. A lot of lives could have been saved and the
extent of irreparable damage could have been greatly mitigated.
The Commission recommends:
i) That buildings and particularly public buildings should be made to have primary fire-fighting and safety equipment and this should be strictly enforced.
ii) That the major hospitals within the State should have emergency response units with adequate ambulances and equipment as well as trained personnel.
7.7 Relocation of slum markets and reconstruction of Jos Main Market
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Evidence before the Commission indicated that some slum
markets are flash-points, hide-outs of criminals, sale-points of
dangerous weapons such as machetes, slaughter knives, home
made guns, etc. Congestion in these markets also contributed to
flashes of skirmishes and fuel crises that lead to destruction of
properties, valuables and lives. The Commission recommends:
i) That the open sale of implements commonly used as weaponry must be banned and the sale restricted and regulated.
ii) That the State Government should relocate those slum markets such as Katako, Yan Tinka, Kasuwa Nama, etc. to safer and more secure locations which should not be delineated along the lines of apparently belonging to any given ethnic grouping.
iii) That the State Government should also take the issue of reconstruction of the burnt down Jos main market seriously and urgently. The provision of such a market will douse the tension enveloping the various slum markets.
iv) Market stall allocations should reflect the religious and ethnic spread in Jos and should not be predominated by any particular group. In this way a whole market area will not be ready targets because they belong to a particular ethnic group.
7.8 Re-delineation of Electoral Wards
The creation of electoral wards is based on principles which aim
at promoting a fair level of equity in the distribution of voters within
each ward. The evidence before the Commission was to the
inevitable conclusion that the ward delineation within the Jos North
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Local Government Area allowed fewer registered Hausa/Fulani
voters to have more wards than the numerically superior native
voters. The total number of registered voters in the five
Hausa/Fulani dominated wards of Ali Kazaure, Sarkin Arab,
Ibrahim Katsina, Garba Daho and Gangare is about 59,904 going
by the last recorded data tendered in evidence, compared with one
single ward of Naraguta B which has 72,202 registered voters at
the last record. This lopsidedness leads to uneven representation
and disenfranchisement. The Commission recommends
i) That the State should pursue the redelineation of electoral wards according to the guiding criteria and based on the population figures carried out within these areas.
7.9 Address the issues raised by the creation of Jos North Local Government Area.
The creation of the Jos North Local Government Area had been
visited with complaints from the time it was created by the States
(Creation and Transitional Provisions) Decree No. 2 of 1991. The
Berom Elders Council has written a petition to the then General
Ibrahim Babangida Military administration which resulted in the
raising of a memorandum to that effect, by the then Secretary to
the Government of the Federation, which General Babangida
admitted was not dealt with before the expiration of his
administration. The Hausa/Fulani community itself have
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expressed their dissatisfaction with a submission that was made
by the Jasawa Development Association to the Niki Tobi
Commission in 2001 as treated under the remote cause of the
Creation of Jos North Local Government Area chapter 3.5 of this
Report. The Commission recommends:
i. That the present Jos North Local Government should be redelineated into about 3 sustainable local Governments with an equitable representative number of wards within each local Government.
ii. The creation of new local Government areas and wards should be by consultation and follow the prescribed Constitutional provisions and the Federal Government and the National Assembly is urged to accede to these requests urgently.
7.10 Strengthening of security agencies and their
apparatus
There was a glaring preponderance of evidence that focused
on the lack of prompt response by security forces, a lack of
coordination amongst the security agencies at intelligence
gathering, the weakness of the agencies and their ill-equipped
officers and units all leading to their inability to curtail the violence.
Further, the security apparatus of the State was ill-prepared and
the warning signs were not intelligently related. This is perhaps
the most important direct and immediate cause of the spread of
the violence. The Commission recommends:
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i) That the Federal Government needs to pay immediate attention to the training and equipment needs of its security agencies and their apparatus, particularly in the area of operation and logistic supports.
ii) That the State and Federal Governments take security very seriously and should increase the level of active coordination and sharing of intelligence amongst the Police, Customs Service, Immigration Service, State Security Service and the Military formations within Plateau State to enhance their capacity.
iii) Security involves both the preventative and the curative; hence proactivity is highly required to nip the potentials for crises in the bud. The State Government must also readily take on their advices as in the recent instance when the scheduling of the elections for Thursday was advised against because it would mean that the results would be released on a Friday, a Muslim worship day, with possible religion-flamed consequences.
iv) The monitoring of specific groups like the Jasawa Development Association and their leaders to detect early signs of unlawful incitement and ensure the enforcement of the law.
v) That security committees should be set-up at community levels and should be coordinated centrally.
vi) That Community Policing recently initiated under the Police ’10-point agenda’ and already available in other States of the federation should be actively established in Plateau State.
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vii) That the State should initiate witness protection and assistance programmes and should legislate to that effect to allow people to come forward with vital information.
7.11 Investigate the allegations against the armed forces of excessive use of deadly force and extra-judicial killings and alleged dereliction of duty.
Specific allegations were made with regard to excessive use
of deadly and brutal force by the Police and armed forces that
were mobilised to quell the Unrest. Evidence to prove these acts
was too thin before the Commission. The Commission
nevertheless recommends:
i) That any specific allegations of these acts should be made available and all evidence should be brought forward. The various armed forces should commission internal investigations into these allegations. The State and Federal Governments should also ensure that full investigations are carried out with the full participation of surviving victims, victims’ families and credible witnesses. It is on record that there was a Police inquiry ordered by the then Inspector General of Police. Since the inquiry is not public, its findings should be made public. The Federal Government has constitutional authority over these apparatus and has set up a panel of investigation. The report and findings must unravel the truth behind these allegations and made public.
ii) The Commission calls upon the security forces and specifically the Armed Forces to abide by the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials in carrying out their duties. There must be restraint when engaging with civilian population and the use of deadly force must only be
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employed when all other alternatives have been exhausted and their lives or that of another is in clear and imminent danger.
7.12 Check illegal migration of aliens and “mercenaries”.
The Immigration service was accused of dereliction of its duties
to check the illegal immigration of aliens and “mercenaries” into
the country which led to the ease with which they could be found in
Jos North. There was evidence of the presence and arrest of
some illegal aliens but not compelling evidence for the
Commission to conclude that aliens were the mass perpetrators of
the Unrest as posited by some Witnesses. The Commission
however accepts the recommendation of the Comptroller of
Immigration Services, Plateau State Command and recommends:
i) That the Federal Government should accept the proposal already made to the Federal Executive Council and construct the required 147 passport control plazas at all the recognised border posts in the Country to allow for proper border controls.
7.13 The State Government must give due consideration to all ethnic groupings in appointments, nominations, promotions.
The Commission found that a common feature belying the ill-
feeling between indigenous ethnic groups and non-indigenous
ethnic groups and thereby causing inter and intra ethnic rifts are
issues of lack of opportunities and access in Government. When
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one party or ethnic group assumes power, the ‘winner takes all’
syndrome becomes prevalent and positions in sensitive
Government positions such as Commissioners, membership of
boards of Government parastatals are skewed in favour of the
group in power. This is sometimes only perceived but in some
cases exists as a matter of fact. The Commission recommends:
i) That the State should formulate a deliberate representative policy similar to the creation of the policy of Federal Character by the Federal Government, that promotes inclusion and participation.- This should be enshrined as a ‘State Character’ principle taking into consideration the different ethnic groups, particularly, in local Government areas where there is more than one ethnic grouping with substantial quantitative presence, then there should be a chairman and vice-chairman from alternate ethnic groups.
iii) There should be no enforcement of candidature in elections to avoid uprising.
7.14 Protection of the rights of every citizen.
The Commission found that a fundamental cause of the
polarity that leads to ethnic and with it religious conflict was the
‘Indigene v Settler’ question. The question as to, who the tribes
that are indigenous to Jos are, was exhaustively treated and
settled by preceding Commissions of Inquiry who heard from both
sides of the divide, and the Commission takes judicial notice of
this. It was observed that no known law in Nigeria deals directly
with the issue of indigene-ship either at Federal or at the Plateau
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State level. Therefore, pending the Constitutional resolution of this
issue and the enactment of an ‘Indigene’s Charter’ or ‘Citizen’s
Charter’ if indeed a distinction between the two is to be accepted
as desirable within the Nigerian Federation, the Commission
recommends that:
i. The State Government should promote the Citizen’s rights in any part of Nigeria that they may find themselves. This means that all persons who are bonafide citizens should have equal rights, opportunities and access, and not to deny those designated as non-indigenes of an area, the access to some of the most important avenues of socio-economic mobility be it Government jobs, academic scholarships, university admissions or fees.
7.15 Monitoring of the activities of certain groups of persons, organisations and their activities.
The Commission received and examined evidence
pertaining to the activities of certain persons and groups within the
community whose acts, or opinions, through their publications,
utterances, perverse the polity, mislead their follower-ship or
readership, disseminate rumours and false propaganda and heat
up the polity as well as causing mistrust, ill-feelings and hostilities.
These, the Commission found to be a major root cause of the
Unrest of 28 November 2008. The Commission recommends:
i) The watching and monitoring by security forces of the activities and utterances of named associations and named individuals which this Report has
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analysed in Chapter 4, and found to have various degrees of culpability.
ii) The watching and monitoring by security forces of the activities and utterances within places of worship that have been alleged with evidence that they permitted their sacred institutions to be politicised and hi-jacked as instruments of incitement and rallying points for mobilising and recruiting foot-soldiers to perpetrate acts of violence and mayhem, including and specifically those in the areas identified as where the Unrest started in order to forestall the continued use of these places of worship for ungodly purposes.
iii) The scrutiny of the role of the media in reporting and dissemination of some information and in some cases false propaganda and unbalanced reporting of views should also be visited and the media watchdog should be alive to its responsibilities.
7.16 Outlaw anti-social ‘religious’ acts of using loudspeakers, road - blockages and indiscriminate development of Churches and Mosques within residential areas.
The Commission finds that there are certain anti-social acts
which have become prevalent and which cannot be condoned if
peaceful co-existence is to reign amongst people from different
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religious beliefs living together. The Commission recommends:
i) That the use of loudspeakers mounted on the external walls and amplified to reach beyond the vicinity of Churches and Mosques within Jos North Local Government Area must be banned and the ban must be enforced. The Local Government Authorities should be able to promote the enforcement of nuisance laws and environmental laws which proscribe these acts.
ii) That the blocking of streets during hours of worship must be banned and enforced.
iii) That the Jos Metropolitan Development Board should arrest and re-dress the indiscriminate construction of public places of worship especially within residential areas.
7.17 Reinforce positive dialogue amongst the diverse ethnic and religious groups.
The Commission was informed of the existence of several inter-
religious initiatives and committees such as the Inter Religious
Council, but whose activities and impact have become weak.
These initiatives provide the fora to muster and develop
understanding and the strengthening of inter-ethnic and inter-
religious ties. Whilst there is a need for them to be strengthened
positively, there is also an urgency to look into the weaknesses in
their leadership. This is needed to foster integration as a matter of
urgency. This will eliminate evils such as the concept of ‘us’
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versus ‘them’ the erroneous construction of the concept of ‘jihad’
and the use of derogatory language against one another. The
Commission recommends:
i) That religion is a matter of personal conviction and should not be imposed on anyone.
ii) The re-awakening of these initiatives with emphasis on the dissemination of information and educating people through publications, seminars and regular enlightenment programmes in the various ethnic languages desirable.
iii) That Traditional Rulers and traditional institutions must be key actors in these initiatives as leaders of thought within their various enclaves and the State Government should re-visit the issue of the creation of Village Areas, Districts and Chiefdoms as such will foster a sense of belonging. Particularly, the Jos North Council of Chiefs where major ethnic groups in Jos were represented should be reactivated.
7.18 Poverty alleviation and the provision of Employment
The quest for access to avenues for upward economic
mobility is one of the paramount causes of crises. Unemployed
youths are easily mobilised and are often used to unleash
mayhem on innocent citizens. The Commission recommends:
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i) That the State Government must provide a conducive environment for the teeming unemployed youths of all ethnic groups within the State.
ii) That the States development of infrastructure must be widespread and not selective.
iii) That the Universal Basic Education programme (UBE) be intensified in Plateau State to ensure that youth have basic education.
CHAPTER EIGHT
8.0 General observations
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The Commission employed numerous approaches in its
attempt to fulfil its mandate. In this instance it explored its fifth
terms of reference which was
“to make any other recommendations incidental to the Commissions terms of reference”
by introducing a truth and reconciliation - seeking dimension. It
explored this through its reception of external contributions over
and beyond the compendium of memoranda formally submitted.
Aside from conducting public hearings and sittings, it also reached
out to other persons who could render some insight into the
Unrest, its nature and its root causes as well as solutions which
could be proffered. An important product of this aspect of the work
was the input it received from numerous dignitaries. The
Commission received some evidence in camera, but also went out
to conduct interactive sessions with various persons.
One of the contributions it received was a letter received
from Jama’atu Nasril Islam notifying the Commission of its boycott.
8.1 The Jama’atu Nasril Islam notification of boycott
The letter dated February 2, 2009 and signed by both the
Deputy Chairman of the Branch and its Legal Adviser was
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purportedly written “on behalf of all Muslims in Jos North affected
one way or the other by the November 28 – 30, 2008 Jos Crisis”.
It notified the Commission of the decision of the organization and
that of “all Muslims” in Jos North Local Government not to
participate in any of the Commission’s proceedings.
This letter represents the writers’ view of the remote causes
of the Unrest. They believe that the Governor and the
Government of Plateau State conspired, planned and executed the
crisis with the aim of “forcing the Muslims out of Jos”. The writers
are a section of the society, and mainly Hausa/Fulani. Apparently,
there is inherent mutual distrust between them on one hand and
ethnic groups indigenous to the Local Government on the other.
Consequently, there was an apparent boycott of the Commission
by Muslims, especially the Hausa/Fulani in terms of presentation
of memoranda or response to allegations made against them in
the memoranda presented by other stake holders.
The letter puts the dates of the incident as 28th – 30th of
November, thus including the events of Sunday 30th November on
which date mass burial of Muslim victims continued.
The Commission deems the letter as most unfortunate and
its contents mostly misguided. The Commission invited all parties
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involved in the Unrest including anyone who had any contribution
or claim whatsoever to submit memoranda to it. Particularly, it
gave ample time in the first instance and gave extension of time in
order to accommodate more memoranda. It also made special
entreaties to the Muslims and Hausa/Fulani Community through
the mediums available to it assuring everybody of a fair and
unbiased hearing. Nevertheless, none of these yielded in their
participation.
There was overwhelming evidence before the Commission
pointing to the fact that the Hausa/Fulani at a point in the election
process got wind that the result might not be in their favour and
apparently made moves that started the Unrest.
Certain historical antecedents led to this state of affairs of
mutual suspicion and perhaps mutual hatred between this group
and the Government.
The long existing animosity, mutual suspicion and mutual
distrust between the Hausa/Fulani in Jos North Local Government
on one hand and the indigenous ethnic groups on the other was
what exploded to the Unrest of November 28, 2008.
Understandably, most of the memoranda presented before the
Commission accuse the Hausa/Fulani of having started the
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Unrest. Most witnesses, especially direct victims identify their
attackers as Hausa/Fulani and testify that their attackers were
chanting “Allahu Akbar” as they attacked. This gave the
impression that the motives of the attacks were religious. Other
bits of evidence however, show that religion was only being
manipulated.
8.2 Input of dignitaries
The input of the dignitaries who were invited or visited in
their respective domains were most helpful and have very
important roles to play in arriving at a fair report and the same time
toe the path of peace, mutual respect and national integration.
Some witnesses who also had chats with the Commission in
camera also offered useful and most illuminating information.
8.3 General Yakubu Gowon
General Yakubu Gowon gave a rather detailed account of
what he personally witnessed on the 28 November, 2008. His
account left one in no doubt that his investigations and follow-ups
indicated that the Hausa /Fulani did not only start the mayhem but
perpetrated a lot of havoc. He retorted however, that there was no
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need for that in view of the Nation’s past experience in inter-
communal relations and the sprit of “one nation, one destiny” that
had marked the National struggle and had kept the Nation together
as one. The General is of the opinion that it would be rather far
fetched to look for links between this unrest and activities of
international Islamic radical groups like the Taliban and Al-Qaeda.
Considering the cultural affiliation and religious persuasion of
the Hausa/Fulani, he expressed the belief that the position of the
Sultan of Sokoto could be used to bring about the desired
integration and harmonious relationship between the Hausa/Fulani
on one hand and the indigenous ethnic groups and other Nigerians
based in Plateau State on the other. He recalled how cordially he
had interacted as Head of State with the father of the present
Sultan of Sokoto. He also recalled his personal experience during
his recent “Nigeria prays” visit to Sokoto and noted that the
present Sultan is in position to positively influence the thinking and
orientation of the Hausa/Fulani in Plateau towards better relations
with the immediate communities.
He felt that the Jos crisis could be attributed to the attitude of
politicians who want to assume power by hook or by crook and
that religion was only being used to achieve selfish and narrow
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interest instead of being used to unite people. He suggested that
traditional and community leaders should in future be held
responsible for any breakdown of law and order in their domains.
He emphasized the need for tolerance and good understanding
and for Nigerians to love one another so that government at
various levels could take care of their welfare. He hoped that the
Commission’s Report would be implemented to avert future
occurrences.
8.4 Chief Solomon Daushep Lar
Chief Solomon Lar recalled how effectively he had been
able, as a Governor to carry along the Hausa/Fulani and how
much respect they had for him. He emphasized that the issue of
indigeneship has to be constitutionally resolved so that people can
feel free wherever they are and contribute effectively to national
development. The act of governance should be an inclusive one
without discrimination because where people are not carried along
there is potential for friction; and leaders must recognize that there
is a need to educate their followers properly. As an elder
statesman, he noted that the best approach that would help create
a conducive atmosphere for peaceful co-existence and the
building of a virile Nation, is to foster mutual respect, mutual love
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and the spirit of give and take. The political terrain in the country
is such that no people can be an island on their own without
interacting with others. For this reason there is need to encourage
the spirit of cooperation and good neighbourliness.
8.5 Chief Joshua Chibi Dariye
The emphasis in Chief Dariye’s contribution was on
continuity in governance. He believes that if some of the socio-
political structures he had left behind had been built upon and
lessons were learnt from past experiences, the Unrest might not
have occurred or might have been less devastating. He too
mentioned the need for the spirit of give and take. He practically
dramatized the undesirability of the concept of “winner-takes-all”
and noted that followers would give maximum support and
cooperation if, in words and deeds, the leader shows them that
they too are forces to be reckoned with.
He recalled that greater caution would normally be required
to conduct an election in Jos North Local Government Area and
specifically lamented the scheduling of the election for a Thursday
with the consequence of the result having to be released on a
Friday. He recommended specifically:
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i) That the issue of security should not be toyed with as this could explode and lead to monumental loss of lives and property.
ii) That Government should be inclusive in handling security matters as no single individual had monopoly of wisdom and expertise over governance.
iii) That religion is a matter of personal conviction, and therefore should not be imposed on any one.
iv) That there is the need for proper education and enlightenment of adherents of various religions.
v) That the Inter-Religious Council committee be strengthened to discharge its responsibility effectively.
vi) That proactive security should be taken in the event of any likely crisis, so as to nip it in the bud at the initial stage.
vii) That Government should provide a conducive environment for the teeming unemployed youths who are often used to unleash mayhem on innocent citizens.
viii) That the various crises in Plateau State and in Jos in particular had been largely due to agitations for non-inclusion of other ethnic groups.
ix) That non-integration among the people had been a major problem and therefore there is the need for proper integration among the diverse ethnic groups in the State.
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x) That there must be recognition of other ethnic groups especially the Hausa/Fulani as some of them may not be able to trace their roots any longer.
xi) That the interest of all ethnic groups must be considered in the act of governance to achieve peace.
xii) That the State Government should revisit the creation of Village Areas, Districts and Chiefdoms as such will give a sense of identity and belonging to the people.
xiii) That the Jos North Council of Chiefs where major ethnic groups in Jos were represented be reactivated to foster peace.
xiv) That there should be constant dialogue among diverse interest groups for peaceful co-existence.
xv) That the youths who are unemployed be gainfully engaged to avoid youth restiveness.
xvi) That there should be tolerance by all to achieve peace.
xvii) That there should be team work for the development of Plateau State and Nigeria.
xviii) That people should imbibe the spirit of forgiveness and eschew violence.
xix) That Government should ensure that the use of loud speakers in Mosques and Churches be stopped to avoid unnecessary provocations and sensational preaching by some over-zealous religious leaders.
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xx) That Government should re-open the Plateau State University as it was also a major source of raising tension.
xxi) That development of Government infrastructures should be widespread and not selective.
xxii) That in politics, there should be no enforcement of candidature to avoid uprising”.
The view of the Commission is that these advices are very
rich and valuable.
8.6 The Gbong Gwom Jos
The Gbong Gwom recalled with nostalgia the tremendous
contributions non-indigenes of Jos had made to the development
of the city and its environs. Mentioning by name many of such
personalities he had grown up with as youths he pointed out the
most accommodating spirit with which the indigenes had
interacted with them. However, considering the high esteem in
which people hold their culture and tradition, guests owe it as a
duty to ensure that they respect the sanctity of the “host’s
bedroom”. He observed that the teachings of the major religions,
especially Christianity and Islam, are complementary and
comprehensively encompass what we all need in order to derive
maximum benefits from one another. Christianity emphasizes
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love, Islam carries the banner of peace, and certainly we would not
have crises if we genuinely imbibe the spirit of love and peace. He
further called on politicians to stop overheating the system for
personal gains and to shun greed. He expressed hope that the
State Government would implement the Report of this
Commission.
8.7 The Sultan of Sokoto
The Sultan observed that the visit of the Commission to his
palace would go a long way in projecting the image of the
Commission. While he expressed confidence in the Commission,
considering the integrity and reputation of its members, especially
the Chairman, he urged the Commission to go all out to unravel
the whole truth of what happened on November, 28 and 29 2008.
He mentioned that he had received saddening reports of colossal
loss of lives and property and expressed the hope that a time
would come when all Nigerians would feel absolutely at home in
any part of the country where they choose to reside in, irrespective
of ethnic affiliation or religious persuasions. This sentiment he had
expressed in his acceptance speech at the award ceremony at
Anambra State University when he was given a honorary
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Doctorate Degree of the University on 20th November, 2008, barely
one week to the unfortunate Unrest in Jos. He emphasized
i) That the injustice in respect of indigene/settler matter must be corrected through state laws or by the Constitution.
ii) That the leadership at various levels must always be honest and upright in its act of governance to enable people feel at home anywhere they find themselves.
iii) That the political leaders must be told the home truth and be proactive in governance.
iv) That traditional rulers had been placed at the background in the scheme of things in the country and were only required when things had gone wrong.
The interactions with these dignitaries revealed that all
Nigerians irrespective of ethnic, religious and social
differences have a strong faith in the existence of Nigeria as
a united and indivisible nation and that we stand to gain
more as a people if we bury our differences and work
together. That we have come a long way as a nation and if
we continue to promote tribal, religious and political
cleavages, it will serve us no good. That religion should be
an instrument of integration and peaceful co-existence rather
than of mayhem and destruction. That with mutual
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tolerances and the spirit of give and take we can overcome
our difficulties. A true test of religiosity which we all greatly
profess is when we co-exist and live together in peace. That
we have greatly misunderstood each other and if we open
up our hearts we will see that there is in fact no basis for all
these frictions. There is the need for Christians and Muslims
to accommodate one another in the interest of peace all over
the world since peace is the corner stone of both religions.
But then these types of crises are a wake up call for the
Country to address the issues that give rise to them, else it
will consume not just a section of the Country but the whole
Country.
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CHAPTER NINE
9.1 Conclusion
The Commission concluded the assignment given to it by the
Plateau State Government with regard to the Unrest of 28th
November, 2008. The Commission started its mission on the 15 th
January, 2009 and concluded it public sittings on the 8th August,
2009 with the final submission of its report on the 27th October,
2009, after having received an extension of its mandate to end on
31st October, 2009.
The Commission was able to accomplish its assignment as
reflected in its terms of reference. The first chapter covered the
preliminary and introductory matters, while chapter two and three
dealt into the issue of the immediate and remote causes of the
Unrest.
Chapter four examined in detail those individuals and/or
organisations who are said to be directly or indirectly responsible
for the Unrest. Chapter five detailed the loss of lives and injuries
to persons, whilst the losses of property suffered by those who
presented memoranda is detailed within chapter six and further
particulars of the claims are provided in Volume 1A as an
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Appendix to the Main Report. The pertinent recommendations
which the Commission distilled from various memoranda and
representations are contained in Chapter seven. The Commission
further proceeded to make some general observations in chapter
eight of this Report. The Report thereby concludes with this
present chapter.
The Commission took what it felt was a unique step and in
an efforts towards a truthful and reconciliatory Report invited and
interacted with numerous dignitaries. This it felt was important if
the desire for peaceful co-existence between the Hausa/Fulani of
Jos North Local Government Area on the one hand and the
indigenes of Jos North on the other, as well as with other Nigerian
citizens resident therein is to be achieved. Indeed, the need for
peaceful cohabitation cannot be over emphasised in order to
ensure that there is no re-occurrence of violence and that the
quest for peace does not become illusory.
The Commission feels that certain actions must be taken not
only in Jos North Local Government Area but in the whole of
Plateau State. People need to be re-orientated on ways of living
together. The Commission observed that this togetherness was
not new, with evidence of the numerous non-indigenous tribes
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cohabitating in Jos for over a century. The Yorubas arrived in
1850, the Hausa/Fulani arrived by all records in 1904, the Igbo
around 1913, and the Urhobos and South-South communities from
about the 1820, amongst others. If these people have lived
together all this time, surely there must be a way of ensuring
continued peaceful co-existence. Therefore, the need for
initiatives on peace building and conflict resolution is a necessity.
The State must find a means of closing ranks with those who are
disgruntled both within and outside Jos North. Hand of fellowship
must be extended to ensure that it is not a “winner takes all” but a
“winner shares all”.
There can be community of purpose in Jos North regardless
of religious, political and ethnic or tribal differences; a model for
the rest of the country. There is need for dialogue and the State
Government should be at the vanguard of this effort. The
Commission found that at the root of these recurring clashes is the
issue of economic strife although other elements, such as religion,
politics and ethnicity are easily used as a smoke screen. A good
example of this was where witnesses informed the Commission of
how quickly offers were made to buy damaged homes cheaply or
even forcefully taken over, once its inhabitants had been
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displaced. In memorandum JCI/J/160/2009 presented by the Izu
Umunna Cultural Association Jos, the Igbo Community stated that
“we further submit that what happened was premeditated, carefully planned and executed action by the Hausa/Fulani community to destroy the financial bases of the Igbos, drive the Igbos away from the areas attacked, loot their movable properties, annex or buy their immovable properties at fear driven, panic driven, ridiculously low prices as was successfully done in 2001”
The memorandum presented by the Human Rights Watch
supported this notion when it said
“Religious, political and ethnic disputes often serve as mere proxies for severe economic that lie beneath the surface”
The Commission has gleaned from all that has been
presented before it, that tolerance, the spirit of give and take and
the rejection of aggression and antagonism will play vital roles;
however what will go a long way is the education of the teeming
youths who are easily manipulated to perpetrate violence. In the
immediate and the short term, recognised flash – points must be
adequately and regularly policed with the set up of permanent
security posts within these areas.
The work of the Judicial Commission of Inquiry was to some
extent limited by the deliberate non participation of the
Hausa/Fulani people, members of key organisations such the
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Council of Ulamas, and the Jama’atu Nasril Islam (JNI). This was
premised on allegations of bias levelled against the Plateau State
Government and the Chairman of the Commission. These
allegations have been vehemently denied by both quarters on
numerous occasions.
Even though there is no doubt in the mind of the
Commission that the Unrest of 28th November, 2008 erupted from
acts of violence initiated by some Hausa/Fulani Muslims, a point
corroborated by the Police, nevertheless the Commission felt that
it ought to hear from both sides. The only contribution of this
groups was a letter from Jama’atu Nasril Islam. The Commission
was however supplied with figures of those killed through the
memorandum presented by Human Rights Watch:
“The final death toll from November 28th – 29th violence is still unclear. Muslim authorities in Jos have registered 632 dead including several hundred victims buried in three mass burials on November, 30 and December 1 (from an interview with Sheikh Khalid Aliyu, a spokes person for the Jos North Muslim Ummah official in Jos)…”
The Commission could not verify the above claim but is left
in no doubt that massive casualties were suffered by the
Hausa/Fulani Muslims.
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Therefore, the Commission proposes that these groups must
be engaged in dialogue and a sub-Commission may be set up to
look into their own claims.
The Commission restates here that despite the coincidence
of time, the Local Government election of 27th November, 2008
were not an immediate cause of the unrest, but they had
subsequent effects in that the feeling that the Hausa/Fulani has
lost the election and had by that token lost access to one of the
major opportunities for economic domination and advancement
amongst their people pushed them to violence.
Politicians therefore have a great role to play in suing for
peace and they should be admonished where politics seeks to
explore religion and ethnicity.
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ACKNOWLEDGEMENT
The Commission having completed the mandate given to it
beholds a feeling of eternal gratitude for the opportunity accorded
to it to serve. It therefore becomes necessary to thank all those
who worked tirelessly to ensure the successful completion of an
arduous assignment and who made invaluable contributions to the
work of the Commission.
Our initial gratitude must be extended to every one of the
individuals, groups and organisations who came before the
Commission either to present memoranda or act as witnesses
before the Commission. Your contributions constituted the nucleus
around which our assignment revolved. It was clear to the
Commission that many of these contributions were made at great
cost to you. Indeed, it was a painful experience for the many of
who had to recount the details of their all-too-recent experiences,
the physical and mental scars of which were still very fresh. Your
commitment was to us, a confirmation of the fact that you reposed
your trust on the Commission. We admire and salute your
courage. We also thank the lively audience that came to the
Commission and spent time listening to almost all the
Commission’s daily proceedings.
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The Commission recognises the efforts of its members for
the wonderful sense of comradeship displayed between them.
Each one of you proved that you were most able and enduring.
The Commission could not have gotten better persons for the
assignment anywhere in the State.
Our next appreciation go to Chief D. G. Fompun, the able
and tireless Secretary of the Commission for managing the affairs
and coordinating the work of a sound Secretariat for the
Commission, and also overseeing the welfare of the members.
(We call him Chief here because, he started with the Commission
as Mr. D.G. Fompun but was subsequently made the Makaman
Mangu halfway through our session). We say, well done. Chief D.
G. Fompun, you have done very well and showed that your
appointment was well deserved. The Commission also thanks the
Assistant Secretary 1, Mr. P.K.Gurumna’an who started with the
Commission but along the way took ill and could not continue. He
was such an able Assistant Secretary to the Commission. We wish
you a quick recovery from your illness. Our thanks go to all the
other Assistant Secretaries, Mr. Richard Tome, Mr. Ambrose
Zwalnang, Mr. Emmanuel Bimtet and Mr. Solomon Mwankon.
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The Commission had the fortune of being supported by a
team of brilliant lawyers who acted as Counsel to the Commission
ably led by Barr. Charles Obishai, Barr. Paul Agbo, Barr. Paschal
Mammo, Barr. Jim Gotom and Barr. Binchen Janitor. The
Commission’s work might have been truncated but for the efforts
of the Lead Counsel and vigorous defence he maintained against
various litigations instituted against the commission. He did such a
wonderful job and candidly, we dare say he deserved his
appointment as Lead Counsel.
We must not by any stretch of imagination forget to thank all
the learned counsel who appeared before the Commission and did
a marvellous job of their assignment either as party-counsel or as
amicus curiae. Your contributions were invaluable to the work of
the Commission.
Our thanks also go to the Registry staff led by Mr. Mark
Mallan, and including Mr. Patrick Ajijelek, Mrs. Victoria Go’ar, Mr.
Orji D. Deshi, Mr. Bulus Ajiji, Mrs. Na’ omi Jugu and Miss
Henrrieta Botmang. We must also not fail to say a big thank you to
the Secretaries and Senior Computer Analysts, Mr. James Gado
Chinge Dodo, who practically slept in the office to ensure that this
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Report was typed and ready for submission on time, along with
Mrs. Ladi Izang who worked with him.
We extend our appreciation for the work done by the
verbatim reporters of the Commission, Mr. Michael M. Mancha, Mr.
Joseph Mwangyel and Mr. Noel Lipgan.
We cannot forget the photographer of the Commission, Mr.
Banahel Mangut, who took all the photographs in the Commission
and ensured that the memories of the activities of the Commission
shall be kept alive.
We note with appreciation the efforts of Mr. Yakubu
Rwang ,David Bishe and Mrs. Martina Gojang who all worked
very hard to keep the venue of the sitting of the Commission and
its environs very clean.
We commend the Commission’s Technician, Mr. Fabian
Fottiem, who ensured that all the Commission’s electrical
appliances were in good working condition at all times. He was
also always on standby to put the Commission’s generator on and
ensure that the Commission’s sittings was never disrupted any
time that there was power failure caused by PHCN Plc.
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Our thanks go to the team of Mr. Christopher Gyang, Mr.
Chollom Pam , Mr. Moses Zitta, The tireless Mr. Yohanna Adams,
Mr. Sunday Yilbish, Mr. Lawrence Agyos, Mr. Austin Usman,
Mallam Wetka and Mr. Alex Adi who served as drivers to the
Commission.
The Commission’s work received ample coverage because
of the due co-operation given by the Press crew ably led by their
Media Coordinator, Mr. Harris Dawurang. The Commissions
sittings received wide coverage not only in Plateau State but all
over the Country.
The security operatives which included the Police and SSS
detachments did a good work of maintaining order and peace,
around and within the venue of the Commission’s sitting and the
ensuring the personal security of its members during the risky
undertaking.
Finally, our eternal gratitude goes to God almighty, who
protected us all. May his peace continue to reign in Plateau State.
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DEDICATION
This Report is dedicated to all those who lost their lives
during the unrest, the entire people of Jos North Local
Government Area and Plateau State in general and God Almighty.
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This being our deed upon which we set our hands this 27th
day of October, 2009:
………………………………………………….
His Excellency,
Judge Bola Ajibola, SAN, KBE, CFR
Chairman
……………………………………………………….
Prof. Muslih T. Yahya
Member
…………………………………………………………
Barr. Daniel Gopep
Member
…………………………………………………………
Barr. Ogbene Virginia Abang (Mrs)
Member
…………………………………………………………..
Mr. Sale Fale
Member
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