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Government Views and Decisions GOVERNMENT VIEWS AND DECISIONS ON THE REPORT OF THE JUDICIAL COMMISSION OF INQUIRY INTO THE RECENT KILLINGS OF MEMBERS OF THE NIGERIAN SECURITY FORCES (NIGERIA POLICE AND THE DEPARTMENT OF STATE SECURITY SERVICES), DESTRUCTION AND CONFISCATION OF SECURITY PERSONNEL’S OPERATIONAL VEHICLES AND WEAPONS IN ALAKYO VILLAGE OF LAFIA LOCAL GOVERNMENT AREA AND MATTERS CONNECTED THEREWITH. MARCH, 2014 Draft Government Views and Decisions [Judicial Commission of Inquiry Into the Recent Killings of Security Forces] Page | 1 His Excellency, Umaru Tanko Al-makura, Governor of Nasarawa State, Government House, Shendam Road, Lafia. Your Excellency, SUBMISSION OF THE REPORT AND RECOMMENDATIONS OF THE JUDICIAL COMMISSION OF INQUIRY Your Excellency may wish to recall that a Judicial Commission of Inquiry Into the Recent Killings of Members of the Nigerian Security Forces (Nigeria Police and the Department of State Security Services), Destruction and Confiscation of Security Personnel’s Operational Vehicles and Weapons in Alakyo Village of Lafia Local Government Area and Matters Connected Therewith was established by an instrument to that effect signed under your hand on the 25th day of June, 2013 with the following Terms of Reference: i. To inquire into the remote and immediate cause(s) of the killings of over fifty Nigeria Security Personnel on the 7th of May, 2013 and the extent of the involvement of the outlawed ‘Ombatse Militia Group’ or any other group whatsoever in the said act and or mayhem; ii. To inquire into how and why, despite its proscription vide Nasarawa State Legal Notice No. 4 of 2012, Vol. 15, the outlawed Ombatse Militia continue its activities unabated and continued to cause breach of the peace in Nasarawa State; Draft Government Views and Decisions [Judicial Commission of Inquiry Into the Recent Killings of Security Forces] Page | 2 iii. To inquire into how and where the outlawed Ombatse militia was formed or evolved, its founders, promoters, sponsors, financiers, members, aiders and abettors and examine their role(s) in the killings of the said Nigeria Security Operatives on or about the 7th of May, 2013 and recommend, provide and exert appropriate punishment for those found culpable within the provision of the penal code as applicable in Nasarawa State; iv. To inquire into the modus operandi of the said outlawed Ombatse Militia and how it acquired/acquires its finances, arms, ammunitions, charms and weapons of attack and destruction including how they are stored and distributed and identify persons or groups, supporters and or collaborators and recommend, provide and exert appropriate punishment for those found culpable within the provision of the penal code as applicable in Nasarawa State and other extant status regulating arms and ammunitions; v. To identify the number of people including Nigeria Security Personnel who lost their lives and who sustained varying degrees of injuries, the extent of properties destroyed and damaged as well as the economic loss in the killings of Nigerian Security Personnel on or about the 7th of May, 2013 and other areas of the State etc and the perpetrators or culprits with a view to recommending, providing and or exerting appropriate penal sanctions in accordance with the Draft Government Views and Decisions [Judicial Commission of Inquiry Into the Recent Killings of Security Forces] Page | 3 penal code as applicable in Nasarawa State and other extant penal statutes etc; vi. To identify the persons, groups, community or communities, associations or organizations who have been involved, directly or indirectly whether as leaders, sponsors, financiers, members, aiders, foot soldiers, errand boys, spies, collaborators or backers, etc in the massive and unwarranted killings of individuals and large scale destruction of lives and properties at Alakyo, Barkin Abdullahi and Kwandare in Lafia LGA, Iggah in Nassarawa Eggon LGA, Burum-Burum in Doma LGA, Yelwa-Bassa in Kokona LGA of Nasarawa State respectively and recommend, provide and exert appropriate penal sanctions in accordance with relevant penal statutes; vii. To examine and proffer suggestions/advice on the ways, means and methodology through which Government can deal with, curb and completely wipe out the activities of this outlawed militia or any other militia or illegal or anti-social group or groups in the State; and viii. To highlight any other matter incidental to the Commission’s terms of reference and make appropriate recommendation(s). 2. On 26th June, 2013, Your Excellency formally inaugurated the Commission in Lafia. The Commission has successfully Draft Government Views and Decisions [Judicial Commission of Inquiry Into the Recent Killings of Security Forces] Page | 4 completed the assignment and has the honour and privilege to submit its report which is in five (5) Volumes made up of: i. Volume I: Main Report; ii. Volume II: Submitted memoranda; iii. Volume III A: Record of Proceedings and Final Addresses of the Counsel; B: Verbatim Report on the Commission’s Proceedings; iv. Volume IV: Exhibits Tendered, Admitted and Marked; v. Volume V: Album of Photographs and Discs on the Commission’s activities; vi. Volume VI: List of individual assessment of assets and properties damaged/destroyed during the crises. 3. We feel greatly honoured and uniquely privileged by Your Excellency’s confidence as to carry out this very important and sensitive State assignment. We hope that our recommendations, if acceptable and implemented, will serve as the much-needed panacea for the required peace among the diverse communities and individuals in this State. Draft Government Views and Decisions [Judicial Commission of Inquiry Into the Recent Killings of Security Forces] Page | 5 4. Thank you very much, Sir. Hon. Justice J. F. Gbadeyan (Rtd) Abubakar Sadiq Ishaq Chairman. Permanent Secretary (Cabinet Affairs & Special Service, Office of the SSG, Lafia) Secretary to the Commission. Government Views: Government Notes. Draft Government Views and Decisions [Judicial Commission of Inquiry Into the Recent Killings of Security Forces] Page | 6 TABLE OF CONTENTS TITLE PAGE i. TITLE PAGE … … … … … i ii. FORWARDING LETTER … … … … … ii iii. TABLE OF CONTENTS … … … … vi iv. ACKNOWLEDGEMENT … … … … … xi v. LIST OF ABBREVIATIONS … … … … xv vi. TABLE OF STATUTES (LEGISLATIONS) … … xvi vii. LIST OF OTHER LEGAL/OFFICIAL DOCUMENTS … … … …… xvii viii. PREAMBLE … … … … xviii PART I: INTRODUCTORY/ PRELIMINARY MATTERS … … … … … 1 CHAPTER ONE: GENERAL INTRODUCTION … … … 1 1.1 Brief Historical Background of Nasarawa State … … 1 1.2 Background to Recent Inter-Communal Violence … … 3 1.3 Constitution of the Judicial Commission of Inquiry … … 7 1.4 Inauguration of the Commission … … 12 1.5 Modus Operandi … … 13 CHAPTER TWO: MEMORANDA SUBMITTED TO THE COMMISSION … … 19 2.1 Public Sittings … … 19 2.2 Summons … … 22 2.3 Exhibits … … 26 2.4 Visits to Loci in Quo and Critical Stakeholders … 26 2.5 Organisation of Report … … 27 Draft Government Views and Decisions [Judicial Commission of Inquiry Into the Recent Killings of Security Forces] Page | 7 PART II: CONSIDERATION OF TERMS OF REFERENCE, FINDINGS AND SPECIFIC RECOMMENDATIONS … … … 28 CHAPTER THREE: TERM OF REFERENCE NO. I … … 28 3.1 Issues for Determination … … … … … 28 3.2 Findings … … … … … 28 3.3 Observations … … … … … 40 3.4 Recommendations … … … … … 42 CHAPTER FOUR: TERM OF REFERENCE NO. II … … 44 4.1 Issues for Determination … … … … … 44 4.2 Findings … … … … … 44 4.3 Observations … … … … … 46 4.4 Recommendations … … … … … 46 CHAPTER FIVE: TERM OF REFERENCE NO. III … … 48 5.1 Issues for Determination … … … … … 48 5.2 Findings … … … … … 49 5.3 Observations … … … … … 64 5.4 Recommendations … … … … … 66 CHAPTER SIX: TERM OF REFERENCE NO. IV … … 69 6.1 Issues for Determination … … … … … 69 6.2 Findings … … … … … 70 6.3 Observations … … … … … 72 6.4 Recommendations … … … … … 73 CHAPTER SEVEN: TERM OF REFERENCE NO. V … … 74 7.1 Issues for Determination … … … … … 74 7.2 Findings … … … … … 75 7.3 Observations … … … … … 122 7.4 Recommendations … … … … 123 Draft Government Views and Decisions [Judicial Commission of Inquiry Into the Recent Killings of Security Forces] Page | 8 CHAPTER EIGHT: TERM OF REFERENCE NO. VI … 133 8.1 Issues for Determination … … … … 133 8.2 Findings … … … … 133 8.3 Observations … … … … 134 8.4 Recommendations … … … … 134 CHAPTER NINE: TERM OF REFERENCE NO. VII … 135 9.1 Issues for Determination … … … … 135 9.2 Recommendations … … … … 135 CHAPTER TEN: TERM OF REFERENCE NO. VIII … 203 10.1 Issues for Determination … … … … 203 10.2 Incidental Findings and Observations … … 203 10.2 Specific Recommendations … … … … 211 PART III: FURTHER RECOMMENDATIONS, GENERAL SUMMARY AND CONCLUSION … 212 CHAPTER ELEVEN: RECOMMENDATIONS BY THE VARIOUS COMMUNITIES, INTEREST GROUPS AND STAKEHOLDERS … … … … 212 11.1 Recommendation by the Various Communities, Interest Groups and Stakeholders … 212 11.1.1 Ipusu Community (Tiv) Kadarko … 213 11.1.2 Migili Traditional Council, Zhe Migili Palace, Agyaragu … … … … … 215 11.1.3 Lafia Emirate Council … 216 11.1.4 Alago People of Annah (Burum-Burum) Town of Doma Local Government Area … 217 11.1.5 Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), Nasarawa State Chapter… 218 11.1.6 The Hausa Community, Bassa District, Agwada Development Area, Kokona LGA … 220 Draft Government Views and Decisions [Judicial Commission of Inquiry Into the Recent Killings of Security Forces] Page | 9 11.1.7 Miyetti Allah Kautal Hore Socio-Cultural Association of Nigeria, Nasarawa State Chapter
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