Commission of Inquiry to Investigate all the Politically Motivated Killings and Damage to Property in Rivers State Immediately Before, During and After the 2015 General Elections COMMISSION OF INQUIRY TO INVESTIGATE POLITICALLY MOTIVATED KILLINGS AND DAMAGE TO PROPERTY BEFORE, DURING AND AFTER THE 2015 GENERAL ELECTIONS IN RIVERS STATE FINAL REPORT MAY 21, 2015 1 Commission of Inquiry to Investigate all the Politically Motivated Killings and Damage to Property in Rivers State Immediately Before, During and After the 2015 General Elections 2 Commission of Inquiry to Investigate all the Politically Motivated Killings and Damage to Property in Rivers State Immediately Before, During and After the 2015 General Elections TABLE OF CONTENTS Executive Summary 5 1. Introduction: Establishment, Schedule & Working Methods 47 2. Scope of Work of the Inquiry: Immediate Causes 57 I. Temporal Scope: “Events Before, During and After the 57 2015 General Elections II. Substantive Scope: “Politically Motivated Violence” 64 3. Methodology: Bases for Findings 81 I. Summary of Incidents Reported to the Commission 82 of Inquiry II. Analysis of Violations by Electoral Cycle 88 4. Remote Causes 96 5. Laws Applicable to Political Violence 109 Summary of the Allegations and Petitions Received 118 6. Recommendations 141 3 Commission of Inquiry to Investigate all the Politically Motivated Killings and Damage to Property in Rivers State Immediately Before, During and After the 2015 General Elections GLOSSARY ACN Action Congress of Nigeria ANPP All Nigeria Peoples Party APC All Progressives Congress COR Calabar, Ogoja, Rivers (COR) Movement DTP Destruction to Property IEDS improvised explosive devices INEC Independent National Electoral Commission ISTF Internal Security Task Force JTF Joint Task Force LGA Local Government Area MOSOP Movement for the Survival of Ogoni People NPF Nigeria Police Force NYCOP National Youth Council of Ogoni People ONELGA Ogba/Egbema/Ndoni LGA PDP Peoples Democratic Party PMK Politically Motivated Killings RSUST Rivers State University of Science and Technology SAN Senior Advocate of Nigeria ToRs Terms of Reference TPA Terrorism Prevention Act UNIPORT University of Port Harcourt 4 Commission of Inquiry to Investigate all the Politically Motivated Killings and Damage to Property in Rivers State Immediately Before, During and After the 2015 General Elections EXECUTIVE SUMMARY 1. On 7 April 2015, the Governor of Rivers State, Right Honorable Chibuike Rotimi Amaechi, CON, established a Commission of Inquiry (“Inquiry” or “Commission”) to Investigate all the Politically Motivated Killings and Damage to Property in Rivers State Immediately Before, During and After the 2015 General Elections. 2. In exercise of his powers under the law, the Governor appointed the following persons as members of the Commission, with full powers and authority to hold public hearings as well as private hearings: Prof. Chidi Odinkalu Chairman Ayo Obe Member Prof. Nlerum S. Okogbule Member (Sir) Prof. Owunari Georgewill Member Dr. Mrs. Joy Ejiofor Member Rev. Father Michael Akere Member Richard Ofuru Member 3. The Terms of Reference (ToRs) of the Inquiry are to: a. Investigate and ascertain the remote and immediate causes of the all the politically-motivated killings, damage to property and grievous bodily harm to persons, all of which have been taking place in Rivers State, before, during and after the 2015 General Election; b. Investigate and ascertain the number of persons injured or threatened with injury; 5 Commission of Inquiry to Investigate all the Politically Motivated Killings and Damage to Property in Rivers State Immediately Before, During and After the 2015 General Elections c. Ascertain properties destroyed, their owners and the value of such properties; d. Identify person(s), groups, or institutions who either by acts of omission and commission were directly and indirectly involved or sponsored the violence and killings; e. Investigate any other matter(s) that may come to the knowledge of the Commission in the course of its deliberations, not covered in 2(i) – (iv) above; f. Make recommendations regarding persons whom the Commission finds blameworthy in connection with the violence, killings and damage to property; and g. Make recommendations in the light of its findings and other recommendations which the Commission may consider in view of its findings. 4. The Inquiry was required to submit its report and findings with any recommendations not later than (1) month from the date of its first sitting or within such extended period as may be granted. 5. The Governor also appointed Mrs. Asivosuo Macarthy Oriye as Counsel to the Inquiry and Sir Samuel Egbe as Secretary. 6. On 16 April 2015, the Governor swore in the members of and inaugurated the Commission of Inquiry. Reverend Father Michael Akere did not present himself to take the oath and did not at any other time participate in the work of the Inquiry. 6 Commission of Inquiry to Investigate all the Politically Motivated Killings and Damage to Property in Rivers State Immediately Before, During and After the 2015 General Elections 7. Following the inauguration, the Inquiry settled its schedule and methods of work and authorised the Secretariat to issue a public call for memoranda published in five newspapers, namely: the Punch, the Nation, the Guardian, the Nigerian Tide and Top News (Appendix A). The call for memoranda was also widely disseminated through electronic media in Rivers State, including Radio Rivers. The Call required all memoranda to be submitted on oath. 8. The Inquiry opened on Monday, 4 May 2015. INQUIRY PROCESS AND WORKING METHODS 9. The Inquiry received a total of 43 memoranda. 10. The Inquiry undertook five days of public hearings at the Obi Wali Convention Centre in Port Harcourt. The public hearings opened on Monday, 4 May 2015 and ended on Friday, 16 May 2015. 11. On Tuesday, 12 May 2015, the Inquiry visited Umuikpe Obono Community in Ozuzu Clan and Ojia, Obono, Oboku, Akuzor-Oboko- Clan and Abara villages in Etche LGA where it inspected sites of alleged destruction of property and arson allegedly committed during the 2015 elections. 12. On Thursday, 14 May, the Inquiry sat to take evidence in Eleme LGA. 13. The Inquiry also received the testimonies of four witnesses in confidential hearings (in camera). 7 Commission of Inquiry to Investigate all the Politically Motivated Killings and Damage to Property in Rivers State Immediately Before, During and After the 2015 General Elections 14. In all, the Inquiry undertook seven days of public hearings during which it heard some 18 hours of oral testimony, received and considered testimonies from 49 witnesses and admitted 221 exhibits. To prepare its report, the Inquiry other relevant official records and reports 15. Additionally, the Inquiry met confidentially with the Department of State Services (DSS) in Rivers State and the Rivers State Command of the Nigeria Police Force (NPF). Separately, the Inquiry also received two different sets of confidential expert briefings (one institutional and one with three experts on violence by gangs, cults and militias in Rivers State and the Niger Delta. 16. All witnesses, whether taken in public or in confidential hearings, testified under oath and were questioned by counsel and members of the Commission. 17. Separately, on 17 May 2015, following negotiations, the Chairman of the Commission met confidentially in Okrika with some senior members of militia movements in the Niger Delta in the presence of Counsel chosen by the militia leaders. 18. This report synthesises the information and evidence from these diverse sources. OVERVIEW OF FINDINGS 19. In all, the Inquiry received or considered evidence or information on 97 allegations of killings. Three of those representing three per cent of the 8 Commission of Inquiry to Investigate all the Politically Motivated Killings and Damage to Property in Rivers State Immediately Before, During and After the 2015 General Elections killings reported to the Inquiry took place before November 14 2014 while 94 or 97% of the killings reported to the Inquiry occurred between 15 November 2014 and 11 April 2015. This represents a monthly average of nearly 19 killings during the five months of the election period. As indicated earlier in this report these figures are applicable only to the cases in respect of which the Inquiry received evidence, testimony or submissions. 20. 93 cases of injuries were also reported to the Inquiry. Of these, 12, representing 13% of reported injuries occurred before the election period while 81 injuries or 87% of reported cases took place during the election period. 21. In total, the Inquiry received evidence or reports of 83 incidents of destruction of property, including acts of vandalisation or arson on both movable and immovable property. Of this number, six incidents representing seven per cent occurred before the election while 77 incidents representing 93% occurred during the election. 22. The Inquiry recorded no allegations of political violence after the elections. 23. This evidence supports the conclusion that in terms of quantity, quality and scope, the violence during the 2015 elections was different from anything that occurred before or after the election period in Rivers State. 9 Commission of Inquiry to Investigate all the Politically Motivated Killings and Damage to Property in Rivers State Immediately Before, During and After the 2015 General Elections 24. In total, 275 different violations involving killings,