Controversial Human Rights Lawyer, Mr. Femi Falana SAN is at war with Kaduna State Governor, Mallam Nasir El-rufai over the composition and work of the Kaduna State Commission of Inquiry set up by the state governor, Mallam Nasir el-Rufai to probe the deadly Army and Shiites clash in the state.
Falana had written a fact-laden letter to the Kaduna state Attorney General calling to ensure that “the criminal elements who killed 347 unarmed civilians including women and children and buried their dead bodies are arrested and arraigned in court without any further delay.”
But several groups that appear to have been backed by the Kaduna State Governor are all out for the human rights lawyer, one of such groups is the Arewa Hope Foundation which accused Falana of acting unprofessionally and irresponsibly as his letter was an attempt to pre-empt the final report of the committee which may have indicted the Shiite group.
Addressing a press conference in Kaduna, President of the group, Muhammadu Ibrahim wondered why Falana would be calling for the prosecution of soldiers involved in the clash when the report of the panel is yet to be released.
Ibrahim expressed concern that no one seems to be talking about justice for families of slain and injured personnel of the Nigerian Army, saying “what Falana and his client were trying to do is that of the aggressor playing the victim.”
According to him;
“It is well known that contrary to claims that they boycotted the commission’s sitting to protest its ability to be impartial, Mr. Falana and his client were saving face as they could not have face the revelations made about the atrocities, heinous crimes and the violent reputation of their sect.
“We respect the right of every individual to be represented by a counsel of his choice irrespective of his crime; however, the attempt by Falana to use clandestine means at not only defending his clients, but to secure a favourable judgement through the back door is unprofessional, irresponsible and a gross abuse of the well laid down legal and judicial practice all over the world.
“His letter to the Kaduna AG is one of his recent penmanship aimed at harassing the Nigerian Army and its leadership, which tends to support the reported Iranian $100 million report. As solicitor to IMN he knows better than to also use other platforms and unconnected national issues to demonise the military if his clients sincerely have a case.
“We raise these concerns about Falana and IMN today because we know it is the right thing to do. In the early years of Boko Haram, some lawyers made windfall of cash from freeing the extremists on technicalities whenever they were arrested and charged to court.”
Other groups under the auspices of Kaduna State Citizenship for Peace on Tuesday accused Mr. Femi Falana (SAN) over his alleged letter calling for prosecution of soldiers involved in December 2015 clash between Nigerian Army and members of Islamic Movement in Nigeria (IMN) in Zaria, saying such could trigger religion crisis in the state.
Full text of Femi Falana’s Letter to Attorney General
The Attorney-General
& Commissioner for Justice,
Ministry of Justice, Kaduna,
Kaduna State.
Dear Honourable Attorney-General,
DEMAND FOR THE IMMEDIATE PROSECUTION OF THE MILITARY OFFICERS AND ARMED SOLDIERS WHO ENGAGED IN THE BRUTAL MASSACRE OF 347 CITIZENS IN ZARIA, KADUNA STATE FROM DECEMBER 12-14, 2015
We are solicitors to the Islamic Movement in Nigeria headed by Sheik Ibraheem Zakzaky who has been detained without trial for about 8 months by the State Security Service in Abuja.
In your interview published in Thisday Newspaper of May 17, 2016 you spoke on the violent attack unleashed on the members of the Islamic Movement in Nigeria by the Nigerian Army last December. In particular, you said that “… our response was swift which was shown by the numerous arrests made.”
Having limited the “numerous arrests” to the surviving victims of the violent attack who have since been charged with conspiracy and culpable homicide we hereby request you to use your good offices to ensure that the criminal elements who killed 347 unarmed civilians including women and children and buried their dead bodies are arrested and arraigned in court without any further delay. To facilitate the prosecution we wish to furnish you with the following facts:
(1) In exercise of their fundamental rights of freedom of assembly and expression the members of the Islamic Movement in Nigeria (IMN) staged a peaceful rally in Zaria, Kaduna state on July 25, 2014 in solidarity with the Palestinian people. In spite of the peaceful nature of the solidarity rally a band of armed soldiers opened fire on the protesters. Out of the 34 people who were killed in the unprovoked attack 3 were sons of Sheik Zakzaky.
(2) The Federal Government was embarrassed by the unlawful killing of the 34 members of the IMN by the army. In the circumstances, the National Human Rights Commission expressed condolence and tendered a public apology to the bereaved families on behalf of the federal government. But despite the official apology, the Kaduna state government did not prosecute the suspects who perpetrated the unlawful killing. At the material time, Mr. Nasir El Rufai publicly condemned the brutal killing and paid a condolence visit to the IMN leader in his residence.
(3) On December 12, 2015, platoons of the Nigerian army unleashed mayhem on the members of the IMN on the ground that they had plotted to assassinate the Chief of Army Staff, General Tukur Buratai Staff. The spurious allegation was not reported to the Police. Equally not brought to the attention of the Police was the allegation that the IMN had blocked a road in Zaria which affected the convoy of the Chief of Army Staff.
(4) Instead of reporting the alleged infractions of the law to the Police, the Chief of Army Staff decided to take the law into his hands by commanding armed troops to open fire on the unarmed civilians in utter violation of sections 33 and 217 of the Constitution, Rules of Engagement for the Nigerian Military and the Geneva Convention.
(5) The violent attack continued for two days. Though, the leader of the IMN was not present at the praying ground, the army invaded his house on December 14, 2014. He and members of his family including his wife and children were shot at close range. During the unprovoked attack, 3 of his children were killed in his presence while grenades were hauled at his house which was subsequently set ablaze by the rampaging soldiers.
(6) On December 15, 2015, 347 people who were killed in the attack were secretly buried in a mass grave in Mando, Kaduna state by the army with the connivance of the Kaduna state government. Before the mass burial, the Kaduna state government did not deem it fit to conduct any autopsy or DNA tests on the bodies.
(7) On the 23rd of December, 2015 officials of the Kaduna State Urban Protection Development Authority (KASUPDA) under the supervision of military authorities demolished the following properties of the IMN: graves of deceased members of the sect at Darur Rahma cemetery, situate 10 miles outside of Zaria; the movement’s newly acquired property adjacent to the Husainiya, a former NTC building; the Fudiyya Islamic Centre; and the family house of Zakzaky at Jushi quarters of Tudunwada ward where his mother was interned.
(8) On January 29, 2016, Governor El Rufai proceeded to set up a judicial commission of inquiry to investigate the crisis and make recommendations to the government. The members of the commission were drawn from the army, the police, the State Security Service and some individuals including those who had, through public statements and writings, called for the proscription of the IMN.
(9) Although, section 36 (1) of the Constitution stipulates that a court or tribunal shall be constituted in a manner that its independence and impartiality shall be guaranteed, the Kaduna state government ignored the demand of the human rights community that the commission be reconstituted by removing the members who have always nursed animosity towards the IMN.
(10) Notwithstanding the fact that the commission had invited Sheik Zakzaky to testify on behalf of the IMN, he was prevented from doing so by the State Security Service which has held him in custody since December 14, 2015. Thus, the Commission was only permitted to take evidence from the aggressors and others who have axe to grind with the IMN.
(11) Upon realizing that its findings and recommendations might not enjoy credibility having not been allowed to observe the elementary rule of audi alteram partem, the commission made frantic efforts to persuade the legal team of the IMN to participate in the proceedings. We were unable to accede to the request of the commission since it was unable to direct the authorities to release our clients from custody to tell their own side of the story.
(12) Out of sheer contempt for the judicial commission, the Kaduna state Government has filed charges of conspiracy and culpable homicide against over 250 members of the IMN at the Kaduna state high court. The suspects who are alleged to have caused the death of one Corporal Yakubu Dankaduna during the military invasion are languishing in prison custody while awaiting the legal advice of the Kaduna state Director of Public Prosecution.
(13) Although the Secretary to the Kaduna State Government, Alhaji Lawal Balarabe Abbas has since confirmed the gruesome massacre of the 347 people by the army, you have refused to prosecute the criminal elements who perpetrated the crime and proceeded to bury their dead bodies in a mass grave in a country which loudly proclaims to operate under the rule of law.
In the light of the foregoing we have the instructions of our clients to request you to prosecute the members of the Nigerian Army who took the law into their hands by unleashing mayhem on unarmed civilians in Zaria, Kaduna state from December 12-14, 2015. Specifically, you are requested to charge the suspects with conspiracy, willful damage to property, arson and culpable homicide not later than July 31, 2016.
TAKE NOTICE if you fail to accede to our clients’ demand we shall not hesitate to apply to the High Court of Kaduna State for an order of mandamus to compel you to discharge your constitutional duty by charging the indicted culprits to court in line with your oath of office to “do right to all manners of people according to law, without fear or favour, affection or ill-will…”
Yours Sincerely,
Femi Falana Esq, SAN, FCI Arb.
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