El Zakzaky: How Nigeria can Avert a Fresh Insurgency
“TO AVERT ANOTHER CRISIS THAT MAY PROVOKE ANOTHER INSURGENCY, THE SHIITES MUST NOT BE ALLOWED TO TAKE UP ARMS AGAINST THE STATE. EL ZAKZAKY MUST NOT BE ALLOWED TO DIE DUE TO MEDICAL NEGLECT, AS IT WILL CERTAINLY PROVOKE A RELIGIOUS WAR OF MONUMENTAL PROPORTIONED INSURGENCY"
Background
On December 12, 2015, the procession of the Shiites held in Zaria, Kaduna State, was alleged to have disturbed the free flow of traffic. Instead of requesting the Police to remove the public nuisance, the Chief of Army Staff, General Yusuf Buratai who was caught in the traffic jam, allowed armed troops to take the law into their hands. Armed soldiers in the convoy of the Army Chief, aided by their colleagues from the 1st Division of the Nigerian Army in Kaduna, invaded the venue of the procession. They opened fire on the Shiites. At the end of the bloody encounter, hundreds of Shiites including women and children, were massacred. In defending the illegal killing of the Shiites, the Nigerian Army claimed that there was a plot to assassinate the Chief of Army Staff.
Although, Sheikh El Zakzaky was not at the scene of the violent attack, the uniformed assailants invaded his residence in Zaria two days later, set the house ablaze, shot at him and his wife, and killed three of their children. El Zakzaky and his wife were brutally injured, by the armed arsonists and murderers. The invading troops and officials of the Kaduna State Government proceeded to demolish the damaged residence of the El Zakzakys, and other houses of Shia leaders in Zaria. In collaboration with the Kaduna State Government, the Nigerian Army secretly buried the dead bodies of the slain Shiites in an unmarked grave at Mango in Kaduna State, without any autopsy whatsoever. Up till now, the Kaduna State Government has not deemed it fit to commiserate with the families of the slain Shiites.
While El Zakzaky and his wife were soaked in their own blood, they were handed over by the Army to the State Security Service, which took them to an undisclosed detention centre where they have since been detained.
Judicial Commission of Inquiry and its Findings
Based on global condemnation of the violent attack on worshippers by the Army, the Kaduna State Government instituted a Judicial Commission of Inquiry, to investigate the civil disturbances. But, in a deliberate move to cover up the unprecedented atrocities perpetrated by the Army and the Kaduna State Government, El Zakzaky was deliberately prevented from testifying before the Judicial Commission of Inquiry.
However, the Judicial Commission revealed that 347 Shiites were massacred by the Army, in violation of the Army Rules of Engagement and the Geneva Conventions. The Commission also found that, there was no plan by the Shiites to assassinate General Buratai, and recommended that the murderers be fished out and prosecuted for culpable homicide and allied offences. In a white paper issued by the Kaduna State Government, the recommendation that the murderers be prosecuted, was accepted. But, in a brazen demonstration of official impunity, the Kaduna State Government has refused to prosecute any of the murderers. As if that was not enough, about 270 Shiites were charged with culpable homicide over the murder of a soldier, who was accidentally shot dead by his colleagues during the attack. Not less than 180 Shiites have been discharged and acquitted, while about 90 others are still undergoing trial for the offence.
Detention without Trial
Since El Zakzaky and his wife were detained without trial, they challenged their illegal arrest and detention at the Federal High Court. As the detention of the couple could not be justified in law, the Federal Government claimed that they were being held in “protective custody”. In a considered judgement delivered on December 2, 2016, Kolawole J. (as he then was) of the Abuja Judicial Division of the Federal High Court, declared the detention of the couple illegal and unconstitutional, and ordered their release from the custody of the State Security Service, within 45 days from the date of the judgement. The Federal Government was also ordered to provide a temporary accommodation for them, on account of the unchallenged evidence that the Army and the Kaduna State Government had burnt down and demolished their residence. Furthermore, the court awarded N50 million as reparation for the illegal arrest and detention of the couple.
Contempt of Court Orders
Although the Federal Government claims to operate under the rule of law, it has treated the orders of the Federal High Court for the release of the couple from custody, with contempt. The continued detention of the couple, runs contrary to the directive of President Muhammadu Buhari in 2017, to the effect that the law enforcement agencies should treat the Shiites "humanely and according to the rule of law". While El Zakzaky has lost his right eye and may lose the other eye, his wife suffers from excruciating pain, inflicted on her by pellets which have not been extracted from her body. In spite of their worsening health conditions, the Federal Government has turned deaf ears to the plea of the couple for urgent medical attention abroad, at their own expense.
Even though the Federal Government claims that the Shiites do not respect the Nigerian Constitution, those who have been charged with criminal offences have not hesitated to defend themselves. They have also approached the Kano State High Court, to challenge the violation of their right to assemble and protest peacefully. The Shiites won the case against the Federal Government, as the courts upheld their fundamental rights to freedom of expression, association and assembly. But, out of sheer impunity, the Army and the Police have violently disrupted the rallies, wherein the Shiites have demanded for the release of their leader and his wife held in custody. Not less than 50 Shiites have been killed in Abuja, for protesting against the continued detention of El Zakzaky and his wife. As the Federal Government could no longer justify the illegal detention of El Zakzaky and his wife, the Kaduna State Government was directed by the Federal Government to file a charge against them last year.
Health Conditions
Hence, they have been charged with inciting the members of the Shia movement to commit culpable homicide at the Kaduna State High Court, for the death of the same soldier. Pending the trial, the team of local and international physicians who examined El Zakzaky and his wife on the orders of the trial court, confirmed that their health has deteriorated, and recommended that they be allowed to travel abroad for urgent medical treatment. In particular, El Zakzaky is said to suffer from severe recurrent stroke and shock, with his only remaining eye going blind, and that heavy metal poisoning has been detected in his body. The wife has been subjected to excruciating pain, as the some of the pellets in her body have not been removed since December 2015.
The physicians have urged that the Federal Government, to evacuate the toxicity ensuing from the life threatening gunshot injury being suffered by the couple. Without adducing any reason whatsoever, the Federal Government has ignored the recommendations of the physicians. Convinced that the Federal Government wants the couple dead, the Shiites are currently protesting against the refusal of the Buhari regime to release them from custody, to enable them travel abroad to receive urgent medical treatment at their own expense. Even
though the Kaduna State Government has continued to maintain that that the couple can be treated locally, they have not been availed such facility.
Fear of Provocation of Another Insurgency Nigerians have forgotten that, the satanic Boko Haram sect declared a war against Nigeria, when its leader, Mohammed Yusuf, was extra-judicially killed in custody by the Nigeria Police Force, a decade ago. So far, the Shiites have been holding peaceful rallies in some selected cities, including Abuja, to demand for the release of their detained leader and his wife. To avert another crisis that may provoke another insurgency, the Shiites must not be allowed to take up arms against the State. El Zakzaky must not be allowed to die, due to medical neglect, as it will certainly provoke a religious war of monumental proportioned insurgency. Since it is indubitably clear that this country cannot afford to fight two wars on terror at the same time, the Federal Government should implement the unanimous resolution of the House of Representatives, for the release of El Zakzaky and his wife without any further delay.
Last week, the Federal Government obtained an ex parte order for the proscription of the Islamic Movement of Nigeria (IMN) led by El Zakzaky, on the ground that the group has engaged in terrorist activities. It is difficult to believe that, the Federal Government was not aware that the IMN is not a juristic entity. Before then, the Indigenous People of Biafra (IPOB) had also been banned on the basis of an ex parte order. It is curious to note that, the organisations are being wiped out of existence, on the basis of ex parte orders. As defenders of public interest, the Attorney-General is required to ensure that organisations are not proscribed, without allowing them to defend the grave allegations of engaging in terrorist activities.
I want to believe that the office of the AttorneyGeneral of the Federation has resorted to filing ex parte motions, because the Terrorism Prevention (Amendment) Act, 2013 provides that such applications shall be taken in chambers. With respect, that does not mean that the fundamental right of the Defendants will be violated, as has been witnessed in the case of IPOB and IMN. Owing to the nature of acts of terrorism, the judicial proceedings are not required to be conducted in the open court. Hence, the need to have all proceedings conducted in camera. But, by virtue of Section 36(4) of the 1999 Constitution of Nigeria, the parties and their legal practitioners shall be present when proceedings are conducted in camera, in the interest of defence, public safety, public order, public morality or the welfare of persons who have not attained 18 years or the private lives of parties. On no ground, shall a party whose rights and obligations would be adversely affected, be prevented from participating before any court or tribunal in Nigeria.
Since the IPOB has continued to operate in defiance of the proscription order, the Federal Government ought to have envisaged that the Shiites were likely to ignore the proscription of the IMN. Having announced its plan to continue the street protest and rallies until their demands are met, the Presidency has directed the Police to treat Shiites like terrorists. This is a dangerous directive to the Police, to engage in extrajudicial killing by a Government that is constitutionally mandated to protect the lives of all citizens and foreigners living in Nigeria. Since the Federal Government has entered into negotiations with the satanic Boko Haram Sect over the release of abducted Chibok and Dapchi girls, it should deproscribe both IPOB and IMN, and engage them in meaningful negotiations over their demands, without any further delay.