Shiite/Army Clash: Inquiry Panel to hear case without Shiite members

Femi Adi/Kaduna

After failure of the Shi’ite members to appear before the Judicial Commission of Inquiry set up by the state government to look into the December 2015 Zaria clash between Army and the Shi’ites, the panel of inquiry said it would not wait any longer for the Islamic group to submit their memorandum to it.

The Shi’ite members have consistently refused to submit memoranda on grounds that they must see their leader, Sheikh Ibrahim Elzakzaky, who is currently under DSS detention, before they appear or submit memoranda.

Their failure to appear or submit memoranda has stalled hearing on the Zaria clash.

The Commission on Monday adjourned again for the fifth time till March 21, 2016, to enable the Counsel to the Shi’ites get access to Sheikh Zakzaky, as demanded by the Counsel during the inaugural sitting of the Panel about four weeks ago.

Chairman of the Commission, Justice Muhammadu Lawal Garba, complained that the Commission was running out of the six weeks allotted to it by the Kaduna State Government, adding that Monday’s adjournment will be the last, whether Shiites have access to their leader or not, for proper proceedings to commence.

He urged the counsel to Shi’ite members to submit their memorandum before or on March 21, as the Commission would go ahead on that day to hear Army’s side of the memorandum.

“We give another opportunity to allow them to see their leader because the application for adjournment is supported by all the parties appearing before the panel,” Garba said.

During today’s sitting, one of the leading counsel to the Commission, Yunus Ustaz Usman (SAN), informed the Commission that all efforts to get access to the leader of the Islamic Movement proved abortive.

Usman explained that in order to ensure that Zakzaky was seen and met before Monday’s sitting, the Kaduna State Attorney General and Commissioner for Justice, Amina Dyeris-Sijuwade was contacted, who in turn contacted the Attorney General of the Federation and Minister of Justice, Abubakar Malami, to ease access to the Shi’ite leader, but the effort proved futile.

He therefore appealed to the Commission to give another opportunity to the Shi’ite sect by adjourning to another date in order to try again if he could be reached.

“We did the best we could, but because of the busy schedule of the Attorney General of the Federation, we could not go through him, but we met with the Attorney General of Kaduna State, and she spoke to the Attorney General of the Federation on phone in our presence, and we were in Abuja for four days, trying to see him, but he was too busy. And before we knew it, he flew out of the country.

“We are still very optimistic that the Attorney General of the Federation will facilitate Shi’ite counsel’s access to the leader of Shiites. This is how far we have gone.

“In this circumstance, we crave for the Commission’s indulgence for another opportunity, the last opportunity for the IMN counsel to get access to their client,” Usman pleaded.

The Counsel to the Army and IMN, Mr. Biola Oyebanji and Maxwell Kyon, respectively supported the application for the adjournment.

Meanwhile, the Secretary to the Commission, Dr Bala Babaji addressed the press shortly after the adjournment.

Babaji said “the Commission has tried hard to allow all parties to be fairly represented and treated with justice and fairness in all its deliberations.

“The Commission intends to proceed with its deliberations on Monday, 21 March, 2016 by taking the memorandum submitted by the Nigerian Army.

“The Commission will furthermore issue to the public its schedule of appearances and presentations in due course.

“Counsel to the Shiites are to submit their memorandum no later than 21 March, 2016.

“The Commission reiterates its commitment to encourage the authorities to facilitate access by Shi’ite sect’s counsel to its principal client.”

The commission had ajourned the inaugural sitting on 22 February to 24 February, then to 29 February, to 7 March and to 14 March, and again to 21 March, 2016, all due to the inability of the counsel to the IMN to see their client.