CHAPTER ONE

1.0 Introduction

The relative peace and tranquil setting had been the bastion

of the city of Jos in Plateau State “Home of Peace and Tourism”

and had been enjoyed by all Nigerians and foreigners from past

memory. However, in recent years that attraction is being

gradually eroded by numerous events of violence with discernible

economic, ethnic, political and sectarian undertones.

The Unrest of 28th November 2008, was another instance of

those violent acts. Newspaper and press reports ran riot with their

various accounts of what had occurred supported with alleged

figures of casualties and the huge extent of losses of properties.

Grievances that had apparently been built up over time and appeal

to religious sentiments were used by both sides to manipulate

popular emotions and eventually to inflame the situation to a level

where it could no longer be controlled. Christians and Muslims,

indigenes and non-indigenes became both perpetrators and

victims. The immediate responses to the violence included the

deployment of detachments of the Mobile Police force (Mopol) and

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subsequently, the soldiers of the Nigerian Army to maintain Law

and order and the imposition of a curfew.

Following the restoration of relative order on the 30th of

November 2009, the State began to pick up its pieces in Jos

North. There were several high powered visits to the city under

numerous political and governmental guises. These became the

subject of much disaffection as it was alleged that partisan lines

were drawn. This was particularly so in the case of the Federal

Government, the State Government and the National Assembly, all

seemingly pitched against each other in their individual and

numerous attempts at ensuring the return of normalcy in the

immediate aftermath of the violence, in providing relief materials

and ascertaining the cause of the Unrest.

Besides this Commission, several Panels of inquiry and/or

investigation were set up:

i) The two arms of the National Assembly set up Ad-hoc Committees to look into the Jos crisis of November, 2008,

ii) The Federal Government set up the General Abisoye Panel of Investigation on the Jos crisis,

iii) The State House of Assembly set up a Committee to look into the details of the November, 28th crisis.

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There was a resulting overlap in terms of reference and

functions coupled with arguments being traded on which institution

was vested with jurisdiction on investigative functions and the

scope of such jurisdiction. Of particular note was a cause of action

instituted by the Plateau State Government against the Federal

Government in the case of Plateau State Vs Federal Government

of Nigeria, The Attorney General of the Federation.

1.1 Plateau State v. President of the Federal Republic of Nigeria and Attorney General of the Federation in Suit No: SC 331/2008.

The Plateau State Governor Jonah David Jang instituted an

action against the Federal Government in the Supreme Court for

setting up a panel of Inquiry to probe the November 28th riot that

rocked Plateau State over the Local Government Election in Jos

North.

President Umaru Yar’adua had set up an administrative panel of

Inquiry to probe the crisis. He appointed Major General Emmanuel

Abisoye (Rtd.) as Chairman of the Panel and other members

comprising of Mr. Festus Okoye, Ambassador G.D. Preware and

Ambassador Fati Sa’ad, while Alhaji Shafi’l was appointed as the

Secretary. The terms of reference of the President established

Panel was inter alia to look into the causes of the crisis, identify

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those responsible for the crisis and make recommendations on

how to avert a re-occurrence.

The action was instituted on behalf of the State, wherein

Governor Jang invoked the original jurisdiction of the Supreme

Court over questions of law between the Federal and the State

Government.

The Originating summons prayed for the following;

1. That the Supreme Court should declare that President Umaru Yar’adua has no power under the Constitution or Tribunal of Inquiry Act 1966, now to be found in Cap T21 Laws of the Federation of Nigeria) to constitute a Tribunal of Inquiry or appoint any person or group of persons by whatever name to inquire into the civil unrest that occurred in Jos.

2. A declaration of the Supreme Court that the power to constitute a Tribunal of Inquiry into the civil unrest which occurred in Plateau State in November is a residual matter in respect of which only the State’s House of Assembly is competent to make laws vide Section 4(7) of the 1999 Constitution.

3. The grant of an injunction restraining the Federal Government from setting up a tribunal to inquire into the Jos Crisis.

4. An injunction restraining the Federal Government and its agents from directing any one or body of persons from sitting or continuing to sit as a tribunal purporting to be acting under the Tribunal of Inquiry Act to inquire into the civil unrest that occurred in Jos.

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Pending the hearing of the Originating Summons by the

Supreme Court a Motion on Notice was filed seeking the following;

a) An order preserving the res in the case by an order of interlocutory injunction restraining the Federal Government and its agents from further taking any steps capable of giving effect to the announcement by the secretary to the Federal Government, Alhaji Yayale Ahmed, that the Commission of Inquiry into the Jos Crisis had been set up.

b) The order of court stopping the Federal Government from accepting the report of the recommendation of the Commission and that if the recommendation had been accepted, the Supreme Court should stop the Federal Government from acting on them.

The argument centred on a Supreme Court’s judgment

delivered on January the 31st 2003 to the effect that the 1999

Constitution made no provision for Tribunals of Inquiry as did

the 1963 Constitution in item 39 on the Exclusive legislative list

and item 25 on the Concurrent legislative list. Therefore, the

power to make a general law for the establishment and

regulations of Tribunals of Inquiry in the form of the Tribunals of

Inquiry Act 1966 is now a residual power under the 1999

Constitution belonging to the states. The Judgment was

delivered in an appeal involving Chief Gani Fawehinmi, Justice

Chukwudifu Oputa and Human Right Violation Investigation

Commission (HRVIC) (as appellants) against General Ibrahim

Babangida, Brigadier General Togun and Brigadier General

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Akilu (as respondents). The suit dealt with the summoning of

the Respondents before the HRVIC to testify in relation to the

murder of Mr. Dele Giwa and the challenge of the legality of the

HRVIC by the respondents.

The case was in the first instance before the Federal High

Court before going on appeal to the Court of Appeal and final

appeal to the Supreme Court. The Supreme Court ruled that

Human Right Violation Investigation Commission (HRVIC), a.k.a.

Oputa Panel has no power to summon witnesses outside the

Federal Capital Territory. In the Judgment delivered by Justice

Samson Uwaifo with the Assent of the Chief Justice of Nigeria,

Justice Uwais and Justices Belgore, Kutigi, Ogundare, Onu and

Iguh, the court held that the 1999 Constitution made no provisions

for Tribunals of Inquiry to issue summons against witnesses.

Justice Uwaifo stated further that unlike the 1963 Constitution

which made that Provision in Item 39 of the Exclusive List and

Item 25 of the Concurrent List, the 1999 Constitution is devoid of

such provision stressing that “It follows that, the power to make a

general law for the establishment and regulation of Tribunals of

Inquiry in the form of the Tribunals of Inquiry Act is now a residual

power under the 1999 Constitution given to the States”

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Therefore on the 15th day of January 2008, the Commission of

Inquiry into the Unrest of 28th November 2008 in Jos North Local

Government area of Plateau State was inaugurated by the Plateau

State Government.

1.2 Inauguration

The Commission was inaugurated on Thursday the 15th of

January 2009 by the Governor of Plateau State, Da Jonah David

Jang at the Government House, Rayfield, Jos. In his address, the

Governor decried the monumental loss of lives and property during

the Unrest. He declared that the Plateau State Government was

not against the Panels of investigation set up by the President and

the National Assembly, but there was a need to respect the rule of

law and operate within the confines of the Constitution. He

assured the people of Plateau State and Nigerians that this Report

will be implemented and those found guilty dealt with according to

the laws of the land. He expressed the wish of the Plateau people

that this shall be the last of these violent eruptions.

His Excellency Judge Bola Ajibola, SAN, CFR, in response to

the speech of Governor Jonah David Jang, with regret, the history

of civil unrests in Jos which are of similar nature, starting with the

one of the 12th of April 1994, a crisis that “subsequently erupted on

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an unprecedented scale”. Although certain measures were said to

have been taken then, including the appointment of a caretaker

Chairman of Jos North in the person of Alhaji Aminu Mato, it was

stated that there were still quiet disaffections and tensions which

spread unabated until it erupted into another communal clash in

Jos on the 7th of September, 2001 and another crisis in 2002 which

was not limited to Jos but spread across the entire Plateau State.

The Chairman recognized that the Governor, Jonah Jang, had

charged the Commission to carry out their assignment with quick

dispatch but ensuring that no stone is left unturned and on the

premise that members of the Commission have solemnly promised

to serve the people of Plateau state and Nigeria conscientiously,

diligently, honestly and judiciously to the best of their ability

ensuring peace and stability. The Chairman further cautioned that

there shall be no room for partiality and improper sentiments in the

conduct of the inquiry, and that the inquiry shall be conducted with

honesty, justice and truth as the watch dog of the Commission.

The Chairman on behalf of other members of the Commission

extended entreaties to all agencies and functionaries of the

Government, particularly those of the Federal Government which

has shown its own resolve on this matter, therefore the

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Commission welcomes wholeheartedly their contribution and

support.

1.3 Constitution of the Commission

The Commission was constituted as follows;

i)His Excellency Justice Bola Ajibola(SAN),KBE,CFR- Chairmanii) Professor M.T. Yahya - Memberiii) Barrister (Mrs.) Virginia Abang - Member iv) Barrister Daniel Gopep - Memberv) Mr. Sale Fale - Membervi) Chief D.G. Fompun - Secretary

The Instrument constituting the Commission of Inquiry

provided for a Secretary of the Commission who was Mr. D G

Fompun. The instrument constituting the Commission of Inquiry

provided that, lead and other counsel to the Commission were to

be appointed by the Honourable Attorney General and

Commissioner for Justice, Plateau State.

1.4 Terms of reference

In the exercise of the powers conferred by section 2 of the

Commission of Inquiry Law (Cap 25) Laws of Northern Nigeria,

1963 applicable in Plateau State and all other powers enabling him

in that behalf, His Excellency, Jonah David Jang, Executive

Governor of Plateau State, constituted a Judicial Commission of

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Inquiry to look into the Jos civil disturbances (hereinafter referred

to as “the Commission”) with the following terms of reference:

i. Establish the Remote and Immediate Causes of the November 2008 Jos unrest.

ii. Identify individuals, groups of persons and institutions

directly or indirectly responsible for the unrest and their roles in precipitating the unrest and recommend appropriate sanctions;

iii. Ascertain the extent of loss of lives and damage to property;

iv. Recommend ways of avoiding the re occurrence of such unrest in future, and

v. Make any other recommendations incidental to the Commission’s terms of reference.

1.5 Functions of the Commission

The Instrument constituting the Commission of Inquiry provided

to the effect that the Chairman and members of the Commission

were to function within powers conferred upon them by Section 7

of the Commission of Inquiry Law (Cap 25), Laws of Northern

Nigeria 1963, which states:

The Commissioner shall have the following powers:

a) to procure all such evidence, written or oral, and to examine all such persons as witnesses as the commissioners may think it necessary or desirable to procure or examine;

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b) to require the evidence (whether written or oral) of any witness to be made on oath or declaration, such oath or declaration to be that which could be required of the witness if he were giving evidence in a magistrate’s court;

c) to summon any person in Nigeria to attend any meeting of the commissioners to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions;

d) to issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails to do so, and does not excuse such failure to the satisfaction of the commissioners, and to order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his refusal to obey the summons, and also to fine such person a sum not exceeding five pounds, such fine to be recoverable in the same manner as a fine imposed by a magistrate’s court except that failure to pay such fine shall not warrant an order directing imprisonment;

e) to admit any evidence, whether written or oral, which might be inadmissible in civil or criminal proceedings;

f) to admit or exclude the public or any member of the public from any meeting of the commissioners;

g) to admit or exclude the press from any meeting of the commissioners,

h) to award any person who has attended any meeting of the commissioners, including any interpreter appointed under section 9 of this Law, such sum or sums as in the opinion of the commissioners may have been reasonably expended by him by reason of such attendance;

i) to enter upon any land, whether state land, native lands, lands at the disposal of any native authority, land occupied by any native or native community or unoccupied lands for the purpose of obtaining evidence or information required by, or which may be required by, or which may be of assistance to the commissioners.

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Provided that the Commissioners shall withhold the exercise of

any power under this section if the President or a Governor of a

Region shall certify to them that the exercise of such a power

would in his opinion encroach unduly upon the territorial or other

jurisdiction of the Government of the Federation or of such Region.

1.6 Mode and procedure of Inquiry

In carrying out its functions, the Commission was to adopt the

following procedures:

i) Make a full, faithful and impartial enquiry into the unrest that occurred in Jos on 28th of November 2008;

ii) Report in writing the result of the enquiry

iii) The inquiry shall be conducted in public and the Commission shall have the power to exclude the public or any member of the public if it deemed necessary;

iv) The Commission shall have power to regulate its own proceeding;

v) The Quorum of the Commission shall be constituted with the Chairman and two (2) other members.

1.7 Appearance of Counsel

In line with Constitutional provisions of the right to fair

hearing and as was provided in the Commission of Inquiry Law,

Cap 25, Laws of Northern Nigeria, 1963, the established practice

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of the Commission was that any person whose conduct is the

subject of enquiry by the Commission or who is in any way

implicated or concerned in the matter under investigation by the

Commission is entitled to be represented by a Counsel.

Any other person or group of persons who consider it desirable

that they should be represented by counsel may be allowed by the

Commission to be so represented.

1.8 Counsel to the Commission

Government appointed the following persons to act as counsel to

the Commission:

i. Charles Obishai Esq., - Lead Counselii. Paul Agbo Esq., - Counseliii. Pascal Mammoh Esq., - Counseliv. Jim Gottom Esq., - Counselv. Binchan Janitor Esq., - Counsel

1.9 The seat of the Commission

The Commission of Inquiry Law, Cap 25, Laws of Northern

Nigeria, as applicable in Plateau State, provides that the seat of

the Commission shall be in Jos, Plateau State, but that its

meetings could be convened at any venue in Nigeria as may be

deemed appropriate by the Chairman.

The sitting of the Commission was held at the Azi Nyako Youth

Centre, Dadin Kowa, Jos, Plateau State.

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1.10 Submission of the Report

In line with the provisions of the Commission of Inquiry Law,

Cap 25, Laws of Northern Nigeria, 1963, as applicable to Plateau

State, the Commission was obligated to submit its Report to the

Governor in writing within six (6) Months from the date of its first

sitting after being sworn in by the Governor and in the case of a

need for any extension of time the Governor had the power to

grant such extension. On 3rd July 2009, the Commission requested

for an extension of time within which to conclude its mandate. The

extension was granted and the Commission was given an

additional three months, granting it up till the 31st day of October

2009 to submit its final Report. The Commission submitted its

Report on Tuesday 27th October, 2009.

1.11 Call for memoranda

The Chairman invited members of the public and concerned

parties to submit memoranda or Petition (ten copies each) on or

before, but not later than the 16th of February 2009 to the

Secretary to the Commission, Chief D.G. Fompun at the Azi Nyako

Youth Centre Yakubu Gowon Way, Dadin Kowa, Jos. Telephone

Number; 08056401066 and 08037019041

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1.12 Methodology

The Methodology adopted by the Commission was to conduct

the hearings in public in line with the Instrument constituting it. To

this end, there were invitations to the members of the public calling

for memoranda and asking them to provide information and

evidence along the lines of the Terms of Reference given to the

Commission and each Memorandum was to be submitted in 10

copies. Adverts were placed in the newspapers and radio

announcements and television adverts were run continuously and

simultaneously.

The sittings of the Commission were heard in public.

1.13 Chairman’s opening remarks

After the official inauguration by the Plateau State Governor

on the 15th of January, 2009 and the subsequent meetings on

procedure held on the 25th – 26th of January in Abeokuta, the

Commission held its inaugural public sitting on Friday 20th

February 2009 at the Azi Nyako Youth Centre, Dadin Kowa, Jos.

The occasion was opened with the Chairman’s opening remarks

wherein he explained the need for the Commission to invite stake

holders and concerned persons within and outside Jos North Local

Government to file in their petitions and memoranda and

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confirmed having received a large bundle of documents as of that

date and at that date 161 memoranda had been received.

The Chairman read out the Commission’s Rules of

Procedure and expressed the intention to have a preliminary

surveillance of the affected places in order to engender the

Commissions purpose and mission amongst its members and to

afford the opportunity to physically observe and evaluate the

destruction that occurred.

The Commission’s primary mission was stated as the quest

to seek the truth. The Chairman promised that the Commission

would be just and impartial, regardless of religious, ethnic or

political affiliations. He expressed that the wish of the Commission

and that of the entire leadership of Plateau State was to ensure

that these catastrophe would no longer be repeated.

Finally the Chairman expressed the view that a lot of effort

would need to be put into this exercise to ensure peace both in Jos

North, the city of Jos, Plateau State and the whole of Nigeria.

Peace in Nigeria will be merely illusory without peace in this region

and that the ambition of the Commission was to bring about a

report and recommendations that will make it safe for every one to

live in peace in Jos, Plateau State and the whole of Nigeria.

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1.14 Visit to locus in quo

The Chairman and members of the Commission in their

resolve to undertake a fact finding inspection tour of all the

affected areas of the crisis took a one day visit on the, 21st of

February 2009, to the following areas, Rikkos, Tina Junction,

Dogon Dutse, Congo Russia, Zololo Junction, Nassarawa, Bauchi

Ring Road, Bauchi Road, Kwararafa Area, Zaria Road, Katako, Ali

Kazaure, Rock Haven, Gada Biyu and Tudun Wada.

1.15 Press Conference

The Commission held a press conference on 7th March, 2009,

during which the Chairman of the Commission addressed the

Press on its activities. The Commission commended the Press on

their very good coverage and thereby educating the public on the

Commission’s mandate. The Commission confirmed that it

commenced public sitting on Friday the 20th February, 2009 and

that it had to that time received a total of 161 memoranda and had,

to the date of press conference listened to 11 witnesses:

The Chairman also stated:

i) That the Commission’s Lead Counsel applied for extension of time for a period of two (2) weeks so as to enable those who were unable to submit their petition before the initial deadline of February 16th 2009 (earlier closing date) to do so. The said application was granted and the Commission adjourned till 27th February 2009.

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ii) That after the two weeks extension, 43 additional memoranda were received making a total of 204 petitions and memoranda (at that time).

iii) That at the inception of its assignment, the Commission visited some of the places where the crisis occurred on the 21st of February, 2009 with a view to assessing the scope of the destruction during the Unrest.

iv) The Commission further informed the Press of the areas it visited,

v) That the witnesses who had submitted their petitions had dealt with the historical and introductory part of the crisis especially the remote and immediate causes,

vi) That from submissions brought before the Commission, the Commission considered it necessary to invite certain persons such as; the then Commissioner of Police, the then State Director of SSS, Alhaji Dasuki Nakande, Alhaji Samaila Mohammed, Aminu Baba, ANPP Chairmanship candidate, Surveyor General Plateau State, NYSC Director, the Chairman Okene Local Government Council and some other persons to appear before the Commission and to clarify some of the issues raised from the submissions of the witnesses to assist the Commission by giving much needed information in its fact finding aspect of its assignment. The Commission further pointed out that it is a Judicial Commission of Inquiry into the November 28th Crisis and not a litigation process dealing with plaintiffs and defendants nor a prosecution dealing with prosecutors and accused persons.

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The Commission further informed the press that the

Commission intended to carry out its work expeditiously in order to

cover a lot of grounds within one month of the press release.

1.16 Litigation against the Commission

Several litigations were instituted against the Plateau State

Government and the Commission contesting the creation of the

Commission and seeking to truncate its activities. The cases

instituted were:

i) Alhaji Sani Jibrin v. Plateau State Government in Suit No: FHC/J/CS/10/2009.

ii) Mallam Saidu Musa v. The Plateau State Government in Suit No: PLD/J20/2009.

iii) Sheikh Balarabe Dawud & 9 Ors. V. The Plateau State Government & 7 Ors. in Suit No: PLD/J326/2009.

iv) Alh. Ali Inuwa and 10 Ors. V. The Plateau State Government & 4 Ors. in Suit No: PLD/J243/2009.

v) Alh. Hassan Sa’eed (Sheikh) & 7 Ors. V. Prince Bola Ajibola & 8 Ors in Suit No: PLD/J242/09

These cases were vigorously defended by the Counsel to

the Commission and were of no obstacle to the continuation of the

Commissions work to its successful conclusion.

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1.17 Chairman’s closing remarks

The public sittings of the Commission after having received

221 memoranda, out of which 211 were orally presented, whilst

the Commission heard 213 witnesses, ended on Friday 7 August

2009, on which day the Chairman delivered his closing remarks.

To commence, a five-minute silence was observed in memory of

all the victims that were brutally killed. He thanked all the members

and staff of the Commission and also members of the public for

their support and regular attendance. The Chairman declared

finally that the Commission was set up to serve the interest and

protect the future of the people of Jos North and that of the entire

Plateau State. He prayed that peace should reign in the State and

the Country at large.

1.18 Terminology

The Commission made use of certain terminology

during the course of its work and within this Report. Particular

note is made of the term ‘Hausa/Fulani’. The Commission

recognise that the Hausa and Fulani are two distinctive ethnic

groups in Nigeria, but notes that the two have historical

antecedents that often pitch them together as one especially within

the context of Jos North. In subsequent chapters of this Report

therefore the expression ‘Hausa/Fulani’ is used to refer to the two

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tribes as one body that has a coincidence of common or joint

social, political and religious agenda.

It must be further clarified here that matters relating to the

Hausa/Fulani in this Report are with reference to Jos North Local

Government area only which is the area of immediate concern to

this Commission, but occasionally also to Plateau State alone, and

therefore not necessarily of general application to the entire Hausa

or Fulani people within Nigeria.

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Chapter Two

2.0 The immediate cause of the crisis

On Thursday 27th November, 2008, the Plateau State

Independent Electoral Commission (PLASIEC) conducted the

Local Government Polls in Plateau State. In its memorandum

JCI/J/86/2009 presented before the Commission by its Chairman

Mr. Gabriel D. Azi on the 25th February, 2009, PLASIEC described

the conduct of the elections as peaceful, free and fair. Reports

from three newspapers which the Commission annexed to its

memorandum also indicated that the election were peaceful, free

and fair. Daily Trust Newspaper of Friday 28th November, 2008 on

page 58 reported that;

“elections into the 17th Local Government Councils in Plateau State held peacefully across the state yesterday ---- some of the voters that spoke to Daily Trust expressed satisfaction with the conduct of the election and appealed to the aspirants to imbibe the spirit of sportsmanship”.

The Leadership Newspaper of Friday November, 28 on page

4 reported thus;

“Local Government elections were conducted peacefully amidst tight security in the 17th Local Government in the State to forestall any break down of law and order so as to

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have a free and fair election that will be acceptable to all political parties in the State”.

This Day Newspapers of 28th November, 2008 on page 9

stated as follows:

“Plateau State Independent Electoral Commission (PLASIEC) has received commendations from Government and well-meaning citizens of the State for peaceful, free and fair Council elections”.

This reflects a summary of the view of the Police. According

to C.P Samson V. Wudah, the Plateau State Commissioner of

Police at the time of the election, on 27th November, 2008, the

exercise was generally peaceful, free and fair. This statement can

be found at page 5 of his response submitted to the Commission

of Inquiry. The response of C.P Samson V. Wudah tendered

before the Commission is Exhibit JCI/J/2009/S.H.2.

From all the evidence placed before the Commission, there

is nothing contrary to the fact that the conduct of the election was

peaceful, free and fair. However, crisis broke out in Jos North in

the early hours of 28th November, 2008. C.P Samson V. Wudah in

his response at page 5 said that the crisis that erupted in Jos

North Local Government at the end of a peaceful, free and fair

election throughout the State came as a surprise to the electorate

as well as the Police.

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How then did the crisis begin and who started it? According

to C.P Samson Wudah,

“as early as between 0230 – 0330 hours of 28th

November, 2008, information filtered to the Police that some Muslim youths were holding noctural meetings at Muslim dominated areas and soon thereafter there were reports of people shouting “Allahu-Akbar” along Ali Kazaure Street and other Muslim dominated areas in Jos North”.

The Muslim youths, C.P Samson Wudah continued,

mounted road blocks in some places and at about 0500 to 0530

hours attempted an incursion into the collation centre which was

repelled by the Police and thereafter the burning of churches,

houses, maiming and killing of non-Muslims in some Hausa/Fulani

Muslim dominated areas of Laranto, Nassarawa Gwong and

Angwan Rogo began.

The evidence of the Police that the Unrest was sparked off

by the Hausa/Fulani Muslim youths from Ali Kazaure and some

Muslim dominated areas in Jos North was corroborated by the

evidence of PLASIEC and indeed several other witnesses who

presented memoranda before the Commission.

In its memorandum PLASIEC stated on page 4 as follows:

“While the results of the election were being collated in all the 17 Local Governments of the State, information reached

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the Commission’s Office through security reports that trouble had started around Ali Kazaure Street when the result of the election were not even announced. The information was that properties were being destroyed or burnt and fighting has ensured in various parts of Jos North”.

In memorandum JCI/J/140/2009 presented by residents of

Angwan Dalyop, a neighbourhood of Ali Kazaure Street, they

stated on page 3 – 6 of the memorandum as follows:

“Prior to the crises, the actual mobilization and manoeuvres of the Hausa Youths that culminated in the mayhem started around 2:00 am with a call to sallah using a public address system (at an unusual time). After the call the Imam made a clear declaration of war when he said ---- ‘Jama’a, wannan Jihadi ne, ku kashe maza, ku kashe mata, ku kashe tsofofi da yara, ku kone gidajen arne’ meaning people, this is a Jihad, kill men, kill women, kill the elderly and children. Go ahead and burn the houses of the infidels …

Shortly after the declaration there was a sudden violent rush of Hausa youths marching to and from the streets chanting “Allahu Akbar. This mass movement continued till day break when the actual destruction of houses, lives and other properties started. The crisis in Angwan Dalyop started about 6:00 am on that Friday 28th November, 2008. There was sudden pandemonion as residents were woken by the sudden mass movement of Hausa youths brandishing dangerous weapons such as cutlasses, swords, machetes, clubs, bows and arrows and later guns. Some of these youths were identified to be residents of Ali Kazaure area. We were also able to learn from one Ahmadu Ali Kazaure that most of the armed militants were from Gangare in Jos”.

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C.S.P Sale Adudu (Rtd.) was Commission witness 202.

According to the witness who gave evidence in memorandum

JCI/J/133/2009 presented by Bache Development Association on

the 30th July, 2009, he was an eye witness to what transpired at

the collation centre in Kabong. C.S.P Sale Adudu (Rtd.) stated in

his evidence as follows:

“So when the results were coming in, the Hausa/Fulani were leading with almost thirty something thousand, very close to be in favour of the result(sic). But later, the other results were coming from the indigenes. At about 11:00 p.m the results of the indigenes were almost fifty something thousand. Then some of them start shouting “the Arnas have won the election…… Hon. Nazifi raised an alarm using a telephone call and said “ku fito!, ku fito! Arna sun ci zabe! Meaning “come out! The infidels have won the election!. He said so more than ten times, ku fito, ku fito, ku fito! Ku fito an gama damu” meaning “come out, come out, come out, come out, we are finished, they have won”. It was after these phone calls that we witnessed people coming out, the next I could see was smoke every where…. They set COCIN Church, Sarkin Mangu on fire”

That was how the crisis was initiated. The Christians on

their part reacted to the violent upsurge by the Hausa/Fulani

Muslim youths. According to the Christians, they reacted in self

defence.

In the words of C.P Samson V. Wudah,

“there was predictably reactions from the Christians in places they are also in majority”.

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The evidence of Ngas Development Association in its

memorandum JCI/J/32/2009 stated at page 2 of the memorandum

thus:

“The mischief-makers planned it so that the crisis could assume a wider scale and dimension. Thus, after concluding their plan on the fateful day, they directed their hoodlums to churches as targets”. Furthermore, from their scene of carnage at Ali Kazaure, Christians became their victims as terror reigned supreme. It was in reaction to this that the crisis assumed a wider dimension as non-Muslims in the absence of security agents mobilized for self defence to wade off their attackers”.

In his own evidence, Commission witness 41, Brother

Emmanuel Nanle, who presented memorandum JCI/J/67/2009 on

behalf of Tekan Youth Fellowship stated as follows:

“Even in Christian dominated areas (where they had to react to the conflicts) Mosque and prayer spots were pulled down manually because it was not fully burnt but in Moslem dominated areas where these Churches were made to rout under intense heat”.

From this evidence and indeed the totality of the evidence

placed before this Commission, it becomes very clear that the

immediate cause of the November 28 crisis in Jos North was the

violent attack by the Hausa/Fulani Muslim youths on the people

and against the properties of the people they perceived as their

opponents. This violence started at Ali Kazaure spreading to other

27

Hausa/Fulani Muslim dominated areas in Jos North. Their

opponents too reacted in self defence and Jos North Local

Government was engulfed in a Unrest. There is no doubt at all

that the Hausa/Fulani Muslim youths started the Unrest but the

Christians too reacted in self defence and also attacked the

Hausa/Fulani Muslims.

The Hausa/Fulani Muslims in Jos North did not present their

own side of the story to the Commission. When the time to submit

memoranda elapsed on the 16th February, 2009, the Commission

extended the time to do so up till 16th March, 2009. However, the

Commission continued to grant extensions as new memoranda

came in for submission the course of its work and up till its last

month of its public sittings, but despite the extension, the

Hausa/Fulani Muslims in Jos North did not submit their

memoranda and failed to appear but wrote a letter dated 2nd

February, 2009 to the Secretary of the Commission indicating that

Muslims in Jos North will not appear before the Commission.

Some of them filed cases in various courts challenging the

competence of the Commission and seeking an order restraining it

from sitting but these cases did not yield that desired result. When

the names of some of the Hausa/Fulani Muslims were mentioned

28

and allegations were made against them by witnesses who

testified before the Commission and they were invited to come to

the Commission to respond to those allegations, they declined.

However, some Muslims responded to the call to submit

memoranda and submitted theirs. Some of those who submitted

and presented memoranda before the Commission are Alhaji

Garba Mohammed Jos, Barrister A.A. Ibrahim, Alhaji Umaru

Miango and Adamu Yusuf. Similarly, some of those whose names

were mentioned and allegations made against them by witnesses

who testified before the Commission also responded to the

Commission’s invitation to come before the Commission and

respond to allegations made against them. This include General

Ibrahim Babangida (Rtd.), Alhaji Yahaya Karaku, Chairman Okene

Local Government and Daily Trust Newspapers.

Though a substantial number of Muslims in Jos North did not

appear and present memoranda before the Commission, they

apparently attributed the November, 28 crisis to the November 27th

Local Government polls.

Alhaji Ibrahim Dasuki Nakande, a former Minister and

spokesman for the Hausa/Fulani Community in Jos in an interview

he granted to the Sunday Tribune of 11th January, 2009 tendered

29

as Exhibit JCI/J/149/2009/4 by Commission witness 13, John

Rwang in memorandum JCI/J/149/2009 stated that:

“the Hausa youths were simply demonstrating their displeasure over perceived ways and means being devised by the State Government that wanted to rig an election”.

We however think that the wanton destruction of lives and

properties that took place during the crisis cannot be justified by a

perceived attempt to rig an election. After all, the result of the

election had not been announced at the time the crisis broke out.

Even if the elections were rigged, there are constitutional ways of

seeking redress at the Electoral Tribunals.

PLASIEC in its presentation before the Commission stated

that the outcome of the Chairmanship election in the November 27

Local Government election for Jos North was not challenged

before the Local Government Election Petition Tribunal.

Unfortunately, this means that the aggrieved parties rather than

following the rule of law chose the path of lawlessness, mayhem,

destruction and jungle justice. More worrisome is the pattern of

the attack. Places of worship rather than party offices were the

targets of attack. Individuals were attacked based on their

religious leanings rather than political leanings. The whole crisis

took a religious dimension.

30

This notwithstanding, one cannot give a totally religious

colouration to the crisis because there were cases of Muslims who

were attacked by fellow Muslims. The Middle Belt Forum Plateau

State Chapter in its memorandum JCI/J/38/2009 presented before

the Commission stated on page 8 thus:

“Amazingly, many individuals, who were practicing Muslims, but not of Hausa/Fulani origin were also targeted for attack. For example, there are credible oral accounts which speak of some Yoruba – speaking residents of Nasarawa Gwong area of Jos (who are Muslims) being brutally attacked and molested. A few of them were even reported to have been killed”.

One cannot also give the Unrest an exclusive ethnic

interpretation because just as some Muslims were attacked by

their fellow Muslims, as in the case of Yoruba Muslims who were

not spared by the Hausa/Fulani Muslims, some of the indigenes

were attacked by their fellow indigenes such as the case of Alhaji

Umaru Chowhe Miango an indigene of Plateau State who was

attacked by his fellow indigenes also from Plateau State.

The Yoruba Community who presented memorandum

JCI/J/202/2009 stated on page 1 of the memorandum as follows:

“Yorubas did not present any candidate for any key position in the election. Therefore it came as a surprise when on 28th

November, 2008, thousands of Hausa Youths under the disguise of their dissatisfaction with the yet to be released results of the Local Government Elections joined by their kith

31

and kin in Nasarawa Gwong, Rikkos and Dutse Uku unleashed terror on Yoruba residents in these areas”.

On his part Alhaji Umaru Miango who presented

memorandum JCI/J/148/2009 and gave evidence as Commission

witness 2 on 24th February, 2009 stated as follows:

“Hausa Muslims do not trust the indigene Muslims saying we are betrayers of faith. That whenever something is being discussed, may be to kill the Christians, we are the ones that leaked it out to them because we live with the Christians. And the Christians on the other hand suspect us indigene Muslims to be hiding information from them. So they kill us for no just cause on most occasions, we the indigene Muslims don’t know what happens, they just kill us”.

It is for these reasons that we cannot but agree with the

views of Human Rights Watch as stated on page 3 of its

memorandum JCI/J/147/2009 presented before this Commission

that”

“religious, political and ethnic disputes often serve as mere proxies for the severe economic pressures that lie beneath the surface”.

Indeed, we shall see subsequently that the causes of the

Unrest are rather economic with religious, political and ethnic

undertones being merely used as avenues to fuel and to achieve

the economic goals of the perpetrators.

The Commission concludes that the immediate cause of the

Unrest of 28th November, 2008 in Jos was the attack initiated by

32

the Hausa/Fulani Muslim youth in Ali Kazaure area of Jos

spreading very quickly to other areas within the city and the

response by the Christian youths in self defence which threw the

city into a mindless crisis that led to colossal loss of lives and

properties.

33

CHAPTER THREE

3.0 Remote causes of the Unrest

During the cause of the Commission’s hearings, a plethora

of factors were laid down before it as being remote causes of the

Unrest. Indeed, it is possible to identify not only the immediate

and remote causes, but perhaps direct and indirect causes or even

pre-causes and post causes.

The contributions which aided the Commission in this regard

may not be exhaustive of the remote causes, as some causes may

be even more remote than others.

The Commission’s mandate to establish remote causes is

treated here through a topical analysis of the factors which we

found as being the remote causes of the 28th November, 2008

Unrest. The actions analysed herein and the actors, differ in their

qualitative and quantitative impact on how each of these causes

affected the crisis. Similarly, the different factors suggested also

vary in time.

However, the Commission, going by its mandate, finds the

following to be the remote causes of the Unrest.

34

3.1 Ownership of Jos North

Evidence presented before the Commission by many

witnesses expressed the fact that two civil Unrests similar to the

one of 28th November, 2008, earlier occurred in Jos North Local

Government area on the 12th April, 1994 and 7th September, 2001

for which Plateau State Government set up the Justice Aribiton

Fiberesima and Justice Niki Tobi Commissions of inquiry to

investigate the respective previous civil Unrests.

One witness who gave evidence in this regard and even

tendered the reports of the two previous Commissions, is

Commission witness 32 Da G.G. Bot who presented memorandum

JCI/J/23/2009. Justice Aribiton Fiberesima Report is Exhibit

JCI/J/23/2009/2 while Justice Niki Tobi report is Exhibit

JCI/J/23/2009/27. Both exhibits were tendered in the

memorandum of Da G.G. Bot. It is clear from the reports of the two

previous Commissions that ownership of Jos was identified as a

major remote cause of the two previous civil Unrests.

In its report on page 4, the Justice Aribiton Fiberesima

Commission stated as follows:

“A recurrent friction for many years between the Berom, Anaguta and Afizere tribes on one hand, and the

35

Hausa/Fulani tribes on the other hand is a remote cause of the riot. Each part lays claim to Jos. The Berom, Anaguta and Afizere claim that they are the undisputable indigenous people of Jos, that the Hausa/Fulani are settler strangers who migrated into Jos for various reasons which include commerce, employment and repair of fortune but the Hausa/Fulani contend that they are owners of Jos, had had the privilege of producing rulers of the town since way back in 1902. They also claim political ascendancy over the other communities at all times. This feeling of one having supremacy over the other simmered for years, only to break out into open confrontation and riot on the 12th April, 1994.

The Justice Niki Tobi Commission of Inquiry on its part on

page 42 of its report stated that;

“One of the remote causes of the September, 2001 crises is the claim of ownership of Jos. While the Afizere, Anaguta and Berom claim ownership of Jos Town, the Hausas and to some extent the Fulanis also claim ownership of it. These competing claims came to the fore in the Commission both in the Memoranda submitted and in oral evidence”.

In the crisis at hand, not a few witnesses who tendered

memoranda and testified before the Commission also identified

the claim of ownership of Jos town between the Afizere, Anaguta

and Berom tribes on one hand and the Hausa and Fulani tribes on

the other hand as a major remote cause of the civil Unrest of 28 th

November, 2009.

The Berom Elders Council in its memorandum JCI/J/40/2009

stated at page 7 paragraph 4 of the Memorandum that the primary

36

remote cause of the November, 28 2008 crisis rest on the issue of

the ownership of Jos and concluded that the Afizere, Anaguta and

Berom rather than the Hausa/Fulani tribes, are the founders and

aborigines of Jos town.

The Afizere Youth Movement in its memorandum

JCI/J/95/2009 while identifying ownership of Jos as a major

remote cause of the crisis stated that the Hausa/Fulani:

“have for long been struggling to forcefully assert themselves into political arena and traditional rulership of Jos and this is viewed by the indigenes (Anaguta, Afizere and Berom) as being selfish and greedy”.

This view is supported by Afizere Cultural Development

Association in its memorandum JCI/J/106/2009 and memorandum

JCI/J/109/2009 presented by Izere (Jarawa) Concerned

Daughters.

Anaguta Community presented Memorandum

JCI/J/139/2009 before the Commission and on page 7 of the

Memorandum stated that:

“a major cause of the repeated crises in Jos is the crave for the ownership of Jos as contained in the many claims and counter claims by the Anagutas, Afizeres, Beroms and the Hausas as each is claiming ownership of Jos”.

Just like the Afizere, Anaguta and Berom, the Hausa/Fulani

tribes also lay claim to Jos. In a booklet titled “Who owns Jos

37

North” tendered as Exhibits JCI/J/31/2009/2 in memorandum

JCI/J/31/2009 presented by Dr. Charles Gonyok which was widely

circulated in Jos North by the Hausa/Fulani shortly before the

November 28th Unrest and an advertorial by Coalition of Jasawa

Elders published in the Daily Trust of Monday 12th January, 2009

tendered as Exhibit JCI/J/135/2009/4 in memorandum

JCI/J/135/2009 presented by Justice, Peace and Reconciliation

Movement, the Hausa/Fulani contended that they are founders

and owners of Jos town. They claimed in the two documents that

they founded Jos even before the advent of the white man and are

the dominant tribe in the city and control its economy. They

equally claimed that they have produced 13 past Chiefs of Jos and

pointed to the fact that the names of many streets and places

within the city are in Hausa language.

No doubt from all these set of facts, the ownership of Jos

between the Afizere, Anaguta and Berom on one hand and the

Hausa/Fulani on the other is in issue and has been a source of

acrimony for a long time. As earlier stated, the Justice Aribiton

Fiberesima and Niki Tobi Commissions of Inquiry set up to

investigate the civil Unrests of 12th April, 1994 and 7th September,

2001 respectively in Jos town identified ownership of Jos town as

38

a major remote cause of these two previous crises. These two

Commissions considered and resolved the ownership of Jos in

favour of Afizere, Anaguta and Berom.

In its report tendered as Exhibit JCI/J/23/2009/3 in the

memorandum of Da G.G. Bot, the Justice Fiberesima Commission

resolved ownership of Jos on page 25 as follows:

“In the light of the above consideration or careful thought, we concede to the claim of Berom, Anaguta and Afizere tribes and to declare that they are “indigenes” of Jos but as to the Hausa/Fulani people’s assumption, we make bold on the evidence at our disposal to advice them that they can qualify only as “Citizens” of Jos”.

Justice Niki Tobi Commission which investigated the 7th

September, 2001 civil Unrest in Jos in its report tendered as

Exhibit JCI/J/23/27 resolved the ownership of Jos thus:

“In this matter history and authentic history has given us a consistent story of how the three tribes of Afizere, Anaguta and Berom own Jos. We accept the evidence of the three tribes and other tribes that supported their evidence. We reject the evidence that the Hausas and the Fulanis or any other tribe for that matter founded Jos and therefore own Jos”.

That was not the end of the matter. When Justice Niki Tobi

Commission submitted its report, the then Government of Rtd.

Major General Chris Ali set up a Peace Conference comprising of

all tribes in Plateau State, Hausa/Fulani inclusive, to consider the

39

report and the Peace Conference in its report of September, 2004

which is Plateau State Legal Notice No. 2 of 2004 tendered as

Exhibit JCI/J/148/2009/2 in the memorandum of Alhaji Umaru

Chowhe Miango (memorandum JCI/J/148/2009) affirmed the

decisions of Justices Fiberesima and Niki Tobi Commissions on

ownership of Jos and held that the Afizere, Anaguta and Beroms

tribes are co-founders, and owners of Jos but not the Hausa Fulani

who at best are citizens. See page 23 of Exhibit JCI/J/148/2009/2.

With the decisions and findings of the two Commissions on

the ownership of Jos coupled with the “Plateau Resolves” of 2004,

one would have thought that the ownership of Jos was settled in

2004. In Exhibits JCI/J/31/2009/2 and JCI/J/135/2009/4 which are

the booklet widely circulated by the Hausa/Fulani shortly before

the November, 2008 crisis and the advertorial published by

Coalition of Jasawa Elders in the Daily Trust Newspaper of 12th

January, 2009, the Hausa/Fulani claimed ownership of Jos and

repeated those same reasons they placed before the Justices

Fiberesima and Niki Tobi Commissions but that were rejected. No

new fact has so far been advanced by the Hausa/Fulani in their

claim for ownership of Jos. It is the same old stories. Since no

new fact has been adduced by the Hausa/Fulani to the evidence

40

presented before the Fiberesima and Niki Tobi Commissions to

dislodge the findings and conclusions of the Commissions, we do

not depart from the findings and conclusions of those

Commissions on the ownership of Jos. Indeed we align ourselves

with those findings and conclusions.

The evidence placed before this Commission by way of

memoranda submitted, oral evidence adduced and Exhibits

tendered strengthens rather than controvert the findings and

conclusions of the two Commissions that the Afizere, Anaguta and

Berom are founders and owners of Jos and not the Hausa/Fulani

settlers.

In memorandum JCI/J/40/2009 presented by the Berom

Elders Council, reference was made to the ancient battle of 1873

in which the Hausa/Fulani from Bauchi attempted to conquer the

natives of Jos but were heavily defeated and chased out of Jos by

the combined army of Afizere, Anaguta, Berom and other tribes.

The Hausa/Fulani army retreated and never came back to attack

natives of Jos. They only came back to Jos after the advent of the

Whiteman. This evidence by the Berom Elders Council is from a

letter dated 4th January, 1915 from Mr. Lonsdale, District Officer,

Bauchi Division to the Resident Naraguta Division. The letter was

41

a response to a request by the Resident for an account from the

District Officer of this battle of 1873. In the letter, Mr. Lonsdale

narrated to the Resident of Naraguta an account of the battle as

told him by Abdu Wazirin Wunti of Bauchi who was himself present

during the battle as follows:

“We proceeded to Jos---- close to the present site of Niger Company Canteen, we were attacked by a large number of Naragutawa, Bukurawa, Jarawa, Bujiawa and men of Amo. They beat us and we all separated in flight reaching Tilde at night. The pagans turned from Rafin Jaki. The (sic) Bauchi was killed near Naraguta on the Buji road as he was fleeing; forty one (41) of us were killed and twelve of our horses. We captured eighteen of their cattle. After that we did not fight them again”.

A certified true copy of this letter is Appendix v attached to

memoranda JCI/J/106/2009 presented before this Commission by

the Afizere Cultural and Community Development Association.

The fact that the Hausa/Fulani Jihadists did not conquer the

natives of Jos area was corroborated by Late Sardauna of Sokoto

Sir Ahmadu Bellow, himself a Fulani man and who Plateau

Indigenous Development Association (PIDAN) in their

memorandum (memorandum JCI/J/107/2009) described at page 4

of the said memorandum as former Premier of Northern Nigeria

and who worked with the colonial masters and toured all the

42

provinces of Northern Nigerian including Jos. Sir Ahmadu Bello in

his book “My Life” tendered as Exhibit JCI/J/148/2009/3 in

memorandum JCI/J/148/2009 presented by Alhaji Umaru Chohwe

Miango stated on page 11 of that book that:

“the countries which did not come under the Fulani rule were the areas known as Borno Province, the Plateau Province (less Wase), the Jukun, the Tiv and Idoma peoples of South of the Benue Province and small part of Kabba and Ilorin Province”.

This piece of evidence has not been controverted at all. We

accept it as the truth of what happened between the natives of Jos

and the Hausa/Fulani invaders in 1873. This is more particularly

so as Sir Ahmadu Bello confirmed in it his book that the

Hausa/Fulani never conquered the indigenes of Jos who remained

independent. Hence the claim by Hausa/Fulani that their ancestors

met Jos a virgin land and founded same cannot be true because at

least the natives of Jos were in occupation of the area before the

battle of 1873 and that is why they were able to mobilize

themselves and drove the Hausa/Fulani invaders out of Jos. If

they met the territory a virgin land as claimed then who drove them

out of it?

The Hausa/Fulani invaders themselves admitted that that

after the failed attempt to conquer Jos in 1873, they never came

43

back until after the advent of the white man. This admission by the

Hausa/Fulani lend support to the contention of the Afizere,

Anaguta and Berom tribes that the Hausa/Fulani are not indigenes

of Jos but settlers who came to Jos as labourers in the Tin mines

after tin was discovered by the Whiteman.

The Hausa/Fulani have in their booklet “Who owns Jos

North Local Government Council” relied heavily on a statement

by Mr. C.G Ames a colonial administrator that the Hausas have

been in Jos since the beginning of the century. Plateau

Indigenous Development Association (PIDAN) has in its

memorandum argued that the beginning of the 20th century is

1900s and since the white man came to Jos and discovered tin at

the beginning of the century, the Hausa came to Jos as a result of

the discovery of tin and came to work as labourers in the mines.

This is further confirmed by the admission of the Hausa/Fulani that

after the defeat of 1873 they never came to Jos until after the

advent of the white man. This accorded with the views of Dr.

Charles C. Jacobs in his book “Studies in Berom History and

Culture”, Exhibit JCI/J/40/2009/6 presented by Berom Elders

Council wherein he stated on page 227 of the book as follows:

44

----“the bulk of the labour force on the minefields came from outside the Plateau Chiefly from other parts of Northern Nigeria. The Hausas and the Kanuris came to constitute the cadre of experienced miners who worked all the year round and supplied the bulk of the headmen”.

Bill Freund in his book “Capital Market and Labour in the

Nigerian Mines (Exhibit JCI/J/107/2009/9) tendered in

memorandum JCI/J/107/2009 presented by Plateau Indigenous

Development Associations gave an excellent account of the

political economy of tin mining and labour on the Plateau tin

mines. He stated that in the 1940s due to the Second World War

and the increase demand for tin to prosecute the war effort, forced

labour (Diban Gwamna) was imposed as a state policy and many

Hausas from the North were drawn into the minefields.

This then means that if attempts by the Hausa/Fulani to

conquer Jos failed and they were driven out of Jos in 1873 and

only came to Jos at the beginning of the 20th Century as labourers

in the mine fields, then their claim that their ancestors met Jos a

virgin land and founded same cannot be true.

There is evidence before the Commission that the

Hausa/Fulani in Jos got the lands they are presently occupying

from the natives. Commission witness 28, Toma Jang Davou who

presented memorandum JCI/J/130/2009 on behalf of Berom

45

Parliamentary Forum said the Hausa Community in Jos bought the

land, they now use as Hawan Idi praying ground from his father in

1955. The sale agreement between the father of Commission

witness 28 and representatives of the Hausa Community in Jos

North is Exhibit “B” attached to memorandum JCI/J/136/2009. It

was also the evidence of the same witness that it was the Late

Gbong Gwom Jos, Da Rwang Pam, that gave out the land upon

which Jos Central Mosque was built, to the Hausa Community for

that purpose. On the day the piece of land was handed over to the

Hausa/Fulani Community by late Da Rwang Pam, the then Gbong

Gwom Jos, the Sardauna of Sokoto and Premier of Northern

Nigeria, late Sir Ahmadu Bello who was himself present and was

accompanied by Alhaji Ali Kazaure, Alhaji Ali Iliya, Alhaji Sale

Hassan, Alhaji Inuwa Ali and other dignitaries made the following

remarks:

“Today is my day of great joy and happiness. The Gbong Gwom Jos through extraordinary generosity has given Muslims land to build a Mosque for their Community who are his loyal subjects. Today I want us to say that the Beroms and Hausas must work in harmony. The Hausa must respect the authority of the Berom. The day you cheat on the Berom, you will suffer untold hardship because if you cheat on the Berom, you will always end up being cursed. Remember you will never see happiness until you respect the host community”.

46

This remarks can be found at page 6 of memorandum

JCI/J/65/2009 presented by Berom Patriotic Forum in Tertiary

Institutions of Plateau State. Can the Hausa/Fulani now turn

round and claim ownership of Jos?

If the Hausa/Fulani are founders and owners of Jos as

claimed, they would not have obtained lands from the natives for

the purpose of their community projects and residential buildings.

This more than anything else, confirms the fact that the

Hausa/Fulani are not the owners of Jos.

Another important piece of evidence is the evidence

provided by Plateau Indigenous Development Association in its

memorandum JCI/J/107/2009 at page 18 – 19 that the colonial

masters themselves realized the need to pay the pagan natives for

the take over of their land to build the Jos Government station.

This is a confirmation that the pagan natives are owners of Jos

and hence the need to pay them compensation for the take over of

their lands. They did not talk of the need to pay compensation to

the Hausa/Fulani because they were themselves settlers and did

not own any land.

Reference must also be made to the memorandum of Alhaji

Garba Mohammed Jos himself a Hausa man who was born in Jos

47

72 years ago. In his memorandum JCI/J/221/2009, Alhaji Garba

Mohammed Jos who identified the claim of ownership of Jos by

the Hausa/Fulanis as the most thorny issue stated that the

Hausa/Fulanis are not indigenes of Jos and are not owners of Jos.

He suggested the fact that the solution to the Jos crises is for the

Hausa/Fulani to accept their status as non-indigenes and concede

the position of Chairman to the indigenes.

He said he was born in Jos 72 years ago but will contest for

the Chairmanship only with the acknowledgement of the fact that

he is not an indigene and would seek the consent and support of

the indigenes.

In view of all these evidence and the findings and

conclusions of the previous Commissions of Inquiry set up by

Plateau State Government supported by the outcome of Plateau

Peace Conference tagged “Plateau Resolves” (Exhibit

JCI/J/148/2009/2) which has been Gazetted as Legal Notice No. 2

of 2004, we cannot but come to the inescapable conclusion that

the Afizere, Anaguta and Berom tribes are founders and owners of

Jos town but not the Hausa/Fulani. The claim of the Hausa/Fulani

that they founded Jos North and are owners of same is totally

unfounded in view of the evidence placed before the Commission.

48

3.2 Indigeneship of Jos

The issue of indigeneship of Jos is connected with its

ownership and just like ownership of Jos, its indigeneship has

generated a lot of conflicts and friction.

The report of Plateau State Peace Conference tagged

Plateau Resolves tendered as Exhibit JCI/J/148/2009/2 before

this Commission, defines indigenes of a place to be:

“those people whose ancestors were the first to have settled permanently in a particular area and who are often considered as natives and have rights to their lands, traditions and culture”.

This definition accords with the definition in Justice Fiberesima’s

report which defined indigenes of Jos North to be those whose

ancestors were natives of Jos beyond living Memory and then

went on to hold that Afizere, Anaguta and Berom are indigenes of

Jos North but not the Hausa/Fulani who are settlers. Indeed,

having held that the Afizere, Anaguta and Berom are co-founders

and owners of Jos North, we have no difficulty in coming to the

conclusion that these three tribes are indigenes of Jos North.

However, the Hausa/Fulani also claim indigeneship of Jos.

In Exhibit JCI/J/135/2009/4, an advertorial published in Daily Trust

of 12th January, 2009 and tendered in the memorandum submitted

49

by the Justice, Peace and Reconciliation Movement, the

Hausa/Fulani elders contended very strongly that the Hausa/Fulani

are indigenes of Jos North and are not settlers. The same claim is

contained in the booklet “Who owns Jos North Local Government”

which is Exhibit JCI/J/31/2009/2.

The contradictory point about their claim of indigeneship to

Jos North however, is that in one breath, they said they are

indigenes of Jos North because their ancestors founded Jos and

by virtue of that fact are owners and indigenes of Jos North but in

another breath are claiming, indigeneship because according to

them, they have lived in Jos for over 100 years and should by

virtue of their long stay in Jos be recognized and treated as

indigenes.

As for the first arm of the claim that the Hausa/Fulani are

founders and owners of Jos and should therefore be indigenes of

Jos, we hold that this claim lacks any merit in view of our earlier

holding that the Afizere, Anaguta and Berom tribes are the

founders and owners of Jos town not the Hausa/Fulani. The claim

of the Hausa/Fulani that they are indigenes of Jos North because

they are founders and owners of same therefore lacks foundation.

50

It cannot stand because they are striving to put something on

nothing.

The second arm of the claim is that they (Hausa/Fulani)

have lived in Jos for a long time and being Nigerians should be

recognized as indigenes of Jos on that basis. However, there is

evidence before this Commission that there are other Nigerian

non-indigenes who came to Jos even before the Hausa/Fulani but

are not claiming indigeneship of Jos but rather still trace their roots

to their respective states of origin.

For example, the Yoruba Community in memorandum

JCI/J/202/2009 stated that the Yorubas were the first set of non-

natives that came to Jos in 1850 and have contributed positively to

the development of Plateau State but are not and will not claim

indigeneship of Jos North. The Yoruba stated in that

memorandum at page 3 as follows:

“Since no Yoruba man contested for any of the key positions in the election, why did they become subjects of attack and annihilation? The above questions becomes more germane in view of the peaceful disposition of the Yorubas since their settlement in Jos in 1850. More so that since their settlement, it is not gainsaying that they have contributed positively in no small measure to the socio-economic development of Jos and its environs….. They are peaceful, law abiding people and have been found to regard everywhere as home. Notwithstanding their being the

51

pioneer settlers in Jos, the Yoruba have never compromised their status as non-indigenes”.

The Yoruba who also presented memoranda JCI/J/43/2009

state therein at page 4 as follows:

“The crisis in Jos has become a recurrent painful sore, it happened in 2001, 2002 and now 2008. Unlike in previous crises, Yorubas were used as canon fodders suffering heavy losses in human and material losses in the hands of both indigenes and Hausa. We have been able to establish that one hundred and eighty Yorubas were confirmed dead during this crisis. The total number of affected victims is nine hundred and twelve including the dead”.

That was also the assertion of the Igbo Community in Jos

who stated in their memorandum JCI/J/127/2009 presented before

the Commission at page 3 that:

“Ndigbo going by records have settled in Jos for well over a century and have a tradition of mutual respect and co-operation with the Government of the State and its people. Some of the earliest settlers worked in mining business. By the time the railway line reached Jos in about 1913, Ndigbo formed majority of the work force. The same is applicable to the work force in hospitals, Police, Schools and even Ministries. They were the first to go into large scale trading, all kinds of artistry such as carpentry, masonry, plumbing, bicycle and motor repairs, electrical services etc. In spite of the foregoing, the Ndigbo in Jos has never laid claim and are not laying claim to ownership of Jos or any part of the State”.

People of the South-South in their memorandum

JCI/J/142/2009 presented by Barrister Smart Irabor stated on page

2 of their memorandum that;

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“the South-South citizens, particularly the Urhobos from Delta State were the first to settle in Jos. Since our great-grand fathers, settled in Jos, they have live peacefully with their host state. We have never agitated to be recognized or granted the status of indigenes. We have been contended and still contented with our status as “settlers”.

Even the tribes who are indigenes of Plateau State but are

not indigenes of Jos North are not claiming indigeneship of Jos.

The Mwaghavul people for instance in their memorandum

JCI/J/28/2009 stated therein that though from Mangu Local

Government of Plateau State, they cannot claim indigeneship of

Jos. In fact apart from the Hausa/Fulani, no other tribe other than

the Afizere, Anaguta and Berom who are indigenes of Jos North

are claiming indigeneship of the Local Government. The

Hausa/Fulani are not claiming indigeneship of Jos North for

themselves and other non-native Nigerians in Jos but are claiming

indigeneship for themselves alone to the exclusion of all other non-

native Nigerians in Jos. For example membership of their Jasawa

Development Association does not extend to the Yorubas, Igbos,

people of the South-South and other non-native Nigerians in Jos.

In this situation, it will amount to double standard and

selective justice to recognize the Hausa/Fulani only as indigenes

of Jos North while all other Nigerians residing in Jos North who are

non-natives are not recognized as indigenes. The Hausa/Fulani

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have argued that every Nigerian should be recognized as an

indigene wherever he or she resides but the application of that

policy will still pose difficulties because although one can be a

citizen of Nigeria at large, the issue of indigeneship will still have to

be resolved by the Constitution. One is a Nigerian in the first place

because he or she belongs to a community indigenous to Nigeria.

See Section 147 of the Constitution of the Federal Republic of

Nigeria 1999.

It is the application of indigeneship that makes us know who

is a Nigerian and who is not. After all the constitution itself

recognizes indigeneship. The Constitution of the Federal Republic

of Nigeria in section 147 (1) and (3) provides that:

“there shall be such offices of Ministers of Government of the Federation as may be established by the President provided that in giving effect to sub-section 1 – 2, the President shall appoint at least one Minister from each State who is an indigenes of such state”.

No doubt there is the need to address the indigenes/settler

dichotomy but the problem is a national issue, the resolution of

which requires a national approach as isolated treatment of the

problem will itself results in double standards and injustice. Tekan

Youth Fellowship probably have this situation in mind when it

stated at page 14 – 15 of its memorandum JCI/J/67/2009 that:

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“it is pertinent to note that the constitutional amendment that allows for the right of every citizen to reside and contest for election in any part of Nigeria will not achieve much if its implementation is practicable only in some states”.

The fellowship concluded that every conflict is a function of

comparative benefit and draws its strength and weakness as it

compared what is obtained in one part against the order. If every

citizen of Nigeria is at liberty to claim indigeneship of any part of

Nigeria of his choice as a national policy, Plateau State and indeed

Jos North cannot be an exception.

3.3 Non Implementation of Previous Reports

As earlier indicated, prior to the civil Unrest of 28th

November, 2008, there has been crises in Jos notable among

which were the civil Unrests of 12th April, 1994, and that of 7th

September, 2001 for which the Plateau State Government set up

the Justices Fiberesima and Niki Tobi Commissions to investigate

the respective civil Unrests. The two Commissions at the end of

their investigations submitted their reports. The two Commissions

in their respective reports identified the persons, groups of

persons, organizations or institutions directly or indirectly

responsible for the crises and recommended sanctions.

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Justice Fiberesima Commission for instance on page 8 – 10

of its report stated as follows:

“On April 11th just a day before the faithful day, Alhaji Yaya Aga Abubakar, the president of Jasawa Development Association in company of Alhaji Aminu Mato’s junior brother, Sanusi Mato, held a meeting at Masallachin Juma’a Jos with the Jasawa Community during which they resolved to carry out a demonstration the following day. So Yaya Abubakar and Sanusi Mato were directly connected with the riot that brought disaster and shame to Jos metropolis, to Plateau State and to Nigeria, and that brought death and destruction to lives and properties.

The following officers of Jasawa Development Association were among those who encouraged the perpetration of the heinous and wicked riot of April 12th, we believe that from them the Police may approach more accomplices:

1. Usman Ibrahim - Publicity Secretary

2. Yahaya Garba - State Deputy Chairman

3. Usman Likita - Leading member

4. Usman Iliya - Chairman Jos North

5. Mansur Nakande - leading member

The Jasawa Development Association seemed to be a militant body of Hausa/Fulani youths. It was the group that Yaya Abubakar instigated at Massalachin Juma’a to carry out a demonstration on 12th April, which they did. The Commission therefore finds, the Jasawa Development Association as a group to be directly connected with the riots.

Danlami Babajoda, the State’s Chairman of the Butchers’ Association was privy to the act of the members of his association who on April 11th slaughtered cows and goats on the public highway by the Abattoir in protests against the

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suspension of Alhaji Aminu Mato from office as Chairman of Jos North Local Government Council. He was said to have stated to the State Security Services that their action was just the beginning of what they intended to do until Alhaji Mato was allowed to assume office as Chairman. Thus Danlami Babajoda was also a prime mover of the incidents that led to the riots and is answerable to the Government for his conduct.

---- On the evidence of these and other eye-witnesses, the Commission included the following as principal actors who were involved in certain offences connected with the riots:

Mr. Baba TeacherMadam HanatuMadam RhodaMr. SundayMaman AyubaMr. PaulDanjuma painter.

On its part Justice Niki Tobi Commission identified Alhaji M.

D. Abubakar the then Commissioner of Police, Plateau

State, Alhaji Inuwa Ali, Frank B. Taddy the then Chairman of

Jos North Local Government, Alhaji Sale Bayeri, Alhaji

Dahiru Sale, Jasawa Development Association, Jama’atu

Nasril Islam, BECO Solidarity Forum, Jos North, and Plateau

Youth Council as having participated in the crisis. See page

142 – 276 of the report. The Commission on page 327 of its

report recommended as follows:

“All persons who were alleged before the Commission to have participated in the crisis by engaging in the

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Commission of offences as detailed in Chapter 4 of this report should be handed over to the Police for thorough investigation and possible prosecution on the advise of the Ministry of Justice”.

Similarly, Justice Fiberesima’s Commission had

recommended on page 36 – 37 of its reports as follows:

“We recommend that the Honourable Attorney-General and Commission for Justice should initiate proceedings if necessary against the following for offences connected with the riot of 12th April, 1994, if they were legally punishable at the time they were Convicted:

1. Alhaji Yaya Aga Abubakar2. Alhaji Sanusi Mato3. Danlami Babajoda4. Usman Ibrahim5. Yahaya Garba6. Usman Aliyu7. Usman Likita8. Mansur Nakande9. Mr. Baba Teacher10. Madam Hanatu11. Madam Rhoda12. Mr. Sunday13. Mama Ayuba14. Mr. Paul15. Mr. Danjuma Painter.

The Commission further recommended that the activities of over-zealous demagogues, like Alhaji Sale Hassan and Alhaji Shehu Masalla, be closely monitored by Government in order to neutralize them before they wreck havoc to law abiding society. We further recommend to Government to put under the microscope the activities of Jasawa Development Association and all other potentially dangerous tribal, religious or social organizations.

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Lastly in this regards we recommend that the State’s deputy Commissioner of Police, Alhaji Hamisu Isa, who handled the riotous situation in a shoddy manner in spite of all warnings and information from the State Security services at his disposal should be subjected to disciplinary measures by the appropriate authority”.

There is no indication that these recommendations

concerning persons, group of persons, organizations or institutions

directly or indirectly allegedly responsible for the previous crises as

found by the two Commissions were implemented by the

Government.

Niki Tobi Commission in its report lamented so much the

non-implementation of the reports of the Justice Fiberesima

Commission of Inquiry when it stated on page 326 of its report as

follows:

“The Commission believes that non-implementation by Government of the reports of the previous Commission of Inquiry into the riots of 12th April, 1994 in Jos metropolis (the main features of which are very similar to the September 7th

2001 civil disturbances) is a sure recipe for a repeat performance of such disturbances”.

Quite a large number of memoranda presented before this

Commission as well as witnesses who testified also fingered non-

implementation of the recommendations of the previous

Commissions of Inquiry as one of the remote causes of the

November 28th, 2008 Unrest.

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People Democratic Party, Northern Zone in its memorandum

JCI/J/137/2009 presented before this Commission stated this fact

when it said at page 7 – 8 of it’s memorandum as follows:

“Between 1994 and November, 2008, Jos and other parts of Plateau State suffered violent eruptions of various degrees. In all these cases, Government reacted by swiftly setting up Judicial Commissions of Inquiry to investigate the remote and immediate causes. All the said Commissions were thorough in their investigations and not only identified culprits but made far reaching recommendations towards bringing lasting peace in the State. Unfortunately, for inexplicable reasons, these recommendations never saw the light of the day let alone being implemented. This sad development has firstly, tended to make perpetrators to get away with impunity. Secondly, the same people feel emboldened to unleash further terror with the believe that they will get away with it as was the case in the most recent outbreak of violence”.

This position cannot be far from the truth at all. There we

many far-reaching recommendations made by these reports.

These recommendations were the foundations for resolving

conflicts and giving redress. They were also the building blocks

for progress, and mechanisms for their implementation

mechanising should have been put in place. This Commission

found that there are many common recommendations between the

Fiberisima Report and the Niki Tobi Report as well as between

these and the Plateau Peace Conference. We find that some will

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also find their way into this present Report. This recurrence is

borne out of the plain fact that these recommendations have not

been given effect. Indeed if the reports of the previous

Commissions were implemented and the perpetrators of the

previous crises dealt with in accordance with the laws of the land,

the Unrest of November, 28th 2008 might not have occurred and

even if it did, the magnitude would not have been the same as

what was witnessed. We find as a fact that the non-

implementation of the previous reports is one of the major remote

causes of the November 28th, 2008 crisis.

3.4 Delineation of Electoral Wards.

There are fourteen (14) electoral wards in Jos North Local Government Area. The

Confederation of Plateau State Youth Movements in its memorandum JCI/J/154/2009 gave

a tabulation of all the electoral wards with number of polling units and registered voters in

each of the wards as follows:

S/N W A R D

POLLING

UNIT

VOTERS

REGISTERED

1. Abba Na Shehu 29 15,620

2. Ali Kazaure 38 15,726

3. Garba Daho 26 11,258

4. Gangare 20 10,674

5. Ibrahim Katsina 25 11,463

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6. Jenta Adamu 24 12,418

7. Jenta Apata 34 17,245

8. Jos Jarawa 37 19,644

9. Naraguta A 31 17.375

10. Naraguta B 106 72,202

11. Sarkin Arab 17 10,303

12. Tafawa Balewa 11 4,245

13. TudunWada/ Kabong

63 41,015

14. Vandapuye 11 7,986

T O T A L 266,761

In memorandum JCI/J/77/2009 presented by Hon. Francis

Tadi Gazu, the presenter stated at page 3 – 4 of his memorandum

as follows:-

“As the date of the election drew nearer, it was clear that Jos North had been divided into two major groups. The first group was dominated by the native Christians whose candidate was the flag bearer of People Democratic Party (P.D.P), while the second group was Hausa Muslim dominated with their candidate in All Nigeria Peoples Party (A.N.P.P)----- It is however worthy of note to mention here that a majority of the Yoruba Muslims who have always identified with the natives at elections voted overwhelmingly for the P.D.P. The Plateau Indigenous Muslims also identified with their kith and kin despite their religious differences and voted for P.D.P”.

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Hon. Francis Tadi Gazu then went on to identify the

Hausa/Fulani dominated areas/wards as Naraguta A, Ali Kazaure,

Sarkin Arab, Ibrahim Katsina, Garba Daho, Gangare and Abba Na

Shehu, while he said the native (Christians) dominated

areas/wards are Naraguta B, Jenta Adamu, Jos Jarawa,

Vandapuye, Tafawa Balewa, Jenta Apata, and Tudun

Wada/Kabong wards.

From the above table, one can see that the Hausa

dominated wards have fewer number of registered voters while the

natives (Christians) dominated wards have a heavier registered

voters population. For example the total number of registered

voters in five Hausa dominated wards of Ali Kazaure, Sarkin Arab,

Ibrahim Katsina, Garba Daho and Gangare put together is fifty

nine thousand, four hundred and four (59,404) which is not up to

the total number of registered voters in one native Christians

dominated ward of Naraguta B with seventy two thousand, two

hundred and two (72,202) registered voters. That means one

Christian dominated ward is far bigger than five Muslim dominated

wards put together. Another ward with a large number of

registered voters is Tudun Wada/Kabong Ward with forty one

thousand fifteen (41,015) registered voters. Again the number of

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registered voters in Tudun Wada/Kabong Ward compete

favourably with the total number of registered voters in the five

Muslims dominated wards.

This is an indication that few Hausa/Fulani registered voters

have more words than the many native registered voters. In other

wards, the Hausa/Fulani with few number of registered voters

have more wards than the native indigenes who have more

registered voters. This kind of imbalance will certainly create ill-

feelings and bad blood because the indigenes view this lopsided

creation of electoral wards as a deliberate act to give Hausa/Fulani

an undue political advantage over the indigenes.

The Peoples Democratic Party Elders, Northern Forum,

Plateau State said this much when it stated on page 6 of its

memorandum (memorandum JCI/J/137/2009) thus:

“Now, the consequences of such lopsidedness are many. Firstly it leads to uneven representation in the Council and by extension a disenfranchisement of the people, as the political space in the large wards becomes choked up. Secondly the injustice gave expression to claims of political domination by the Hausas”.

It was lopsided divisions as this that made Berom Elders

Council to write several letters of complaints, one of which is

Exhibit S.A 8, a letter dated 3rd June, 1992 to the then President

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General Ibrahim Babangida to rectify the situation. The then

Secretary to the Government of the Federation in response to this

complaint and several others raised a memorandum dated 2nd

June, 1993 (Exhibit S.A 9) to the then President for a

consideration of this and other issues but according to General

Ibrahim Babangida (Rtd.) who testified through his Counsel, the

issue could not be addressed because he stepped aside soon

thereafter and thought subsequent Governments after his

administration should have addressed the problem.

The problem has not been addressed ever since and as can

be seen from the evidence before us, such as that of P.D.P Elders,

Northern Forum , Plateau State, the indigenes of Jos North are

highly aggrieved by this lopsided delineation of electoral wards in

Jos North and these grievances have been a source of friction and

acrimony. On the other hand, this lopsided delineation of wards

made the Hausas have a false notion that they are in the majority

in Jos North and should win any election conducted in that Local

Government.

According to Hon. Francis Tadi Gazu, presenter of

memorandum JCI/J/77/2009, Mallam Sani Yahaya Jengre, a

Muslim cleric relied on this kind of fallacy when he told his listeners

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in a Mosque that the Muslims in Jos North constitute 80% of the

population and should win the Chairmanship election. The

Muslims might have felt disappointed when the election result

turned otherwise and this feeling of disappointment contributed in

no small way in fuelling the crisis. Certainly, a delineation of

electoral wards based on actual population of registered voters

rather than favouritism will go a long way in calming nerves and

thereby reduce conflicts.

3.5 Inciting and Provocative Publications

Commission witness 8 and presenter of memorandum

JCI/J/25/2009 was Evangelist Da Andrew N. Dalyop. He lives at

Dogon Dutse, Jos. In his evidence before the Commission he

stated as follows:

“Around 2:00 p.m all we could hear from the loudspeakers was “matasa da jama’a ku fito Jihad, kuma Allah zai yi maku albarka” meaning “youths come out and fight Jihad, God will bless you”. What we saw was better imagined than said, because it was a mob of both youth and the aged well armed carrying machetes, axes, cutlasses, containers of petrol and guns while chanting “Allahu-akbar, za mu ji ma arna, Jos ta Arewa namu ne; “sabuwa da kaza bata hana yanka” meaning “we are going to kill the infidels (pagans), Jos North is our own, being familiar with the chicken does not prevent it from being slaughtered”.

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The evidence of other witnesses from different parts of Jos on

their experiences on the day of the crisis is substantially similar to

that of Evangelist Da Andrew N. Dalyop. Berom Forum Chwelnyap

while presenting its memorandum JCI/J/152/2009 through its

Secretary, Mr. John P. Choji stated on page 14 of the

memorandum that:

“Muslims clerics and their Agents had used loud speakers installed in their Mosques to call out their faith adherents or attackers. Shouts of war-like slogans or wake up calls were made such as ‘Muslims arise, it’s a call to Jihad (holy war)’ ‘arise and reclaim Jos City’ etc. These calls had also dictated the routes/locations to be followed or attacked as most of the attackers were hired mercenaries. No doubt, the calls had incensed the sensibilities of the attackers whose modus operandi was ‘sabuwa da kaza baya hana yanka’ (no respecter of familiarity)”.

When cross examined by Counsel to the Commission to

mention the Mosques where such calls to war were coming from,

John P. Choji stated thus:

“we have one at Tudun Pera, one at Yan-Shanu junction, just at the entrance to Chwelnyap through Bauchi Bridge. We have one close to the Church of Jesus Later Day Saints and one is in Bauchi Motor Park and so many others”.

There were cases of provocative and inciting preaching in

places of worship too. One of those preaching is the preaching of

Sheikh Yahaya Jengre contained in Exhibit JCI/J/36/2009/4

tendered in memorandum JCI/J/36/2009 presented by C.A.C Hill

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of Victory. The transcript of Exhibit JCI/J/36/2009/4, a cassette in

Hausa, is attached to memorandum JCI/J/77/2009 wherein Sheikh

Yahaya Jengre uttered these words:

“By the grace of Allah, Jos North cannot be rigged. Come to think of it, was there election somewhere that was won and not announced? When it became apparent that we had won and they had to announce, did they not cancel the elections? For your information this upcoming election cannot be cancelled and by force, we shall win Allah willing. Look, we are Muslims, over eighty percent of the people of Jos North are Muslims. We are not Christians. Do you think we shall vote a Christian to lead us in Jos North?”

Apart from verbal utterances, there were also written

publications which were widely circulated in Jos City. One of such

written publications is Exhibit “C B” attached to memorandum

JCI/J/136/2009 presented by Berom Parliamentary Forum. Exhibit

“C B” of memorandum JCI/J/136/2009 is a publication by the

Islamic Revolutionary Network. The Islamic Revolutionary

Network stated therein as follows:

“Faithful actions are being taken to check the hidden agenda of Governor Jonah Jang who has a hidden hatred for Muslim. All concern Muslims must rise up to stop this evil plans against Islam in the State-----in-sha Allah we shall win over them this time around, we shall go forth (Jihad)”.

The interview Alhaji Inuwa Ali granted Weekly Trust of 13th

December, 2008 which is Appendix II attached to memorandum

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JCI/J/152/2009 resonates the contents of this publication by

Islamic Revolutionary Network. In the Newspaper interview, Alhaji

Inuwa Ali a Hausa/Fulani Community Leader in Jos stated among

other things that the genesis of the November, 28th Unrest is

because of the hatred Plateau State Government has for the

Hausa/Fulani and that though Plateau State Government has

invited the Hausa/Fulani for a dialogue, they will not respond

because they have nothing to tell Government.

While presenting memorandum JCI/J/154/2009 on behalf of

Confederation of Plateau State Youth Movements, its Chairman

Mr. Iliya Lar who gave evidence as Commission witness 5 stated

as follows:

“As we present this paper, thousands of Nigerians must have watched the chilling film on the November 28th, 2008 violent crisis in Jos North Local Government, which is being distributed in towns of Northern States and circulated via GSM phones---- the intention of the producers was to arose sentiment against Plateau….”

The film in question which is on a video cassette was

tendered and admitted in evidence as Exhibit JCI/J/154/2009/2.

We have carefully watched the video cassette which showed

corpses being brought into the Central Mosques Jos and dressed

for burial after which they were buried in mass graves. However,

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the identity of the corpses and the locations from which they were

taken was not discernible.

The Confederation of Plateau State Youth in its

memorandum at page 26 stated that the film is incapable of

showing how the carnage took place. What was very clear from

watching the video is that the Mosques itself was not attacked as

there was no bullet marks on the wall or even any damage to the

Mosque.

References were also made to publications by Daily Trust

Newspapers which according to many of the witnesses who

testified before the Commission are inciting and provocative.

Sunday Kasuwa Bwoi presenter of memorandum

JCI/J/207/2009 made reference to Daily Trust Newspaper of

Wednesday 26th November, 2008 which he attached as appendix

A to the memorandum wherein Alhaji Ibrahim Dasuki Nakande in

an interview with the Newspaper stated that:

“Governor Jang is not sincere about the Local Government Polls. So far, utterances coming from Government officials is to the effect that they will manipulate the election, and they will declare results even while elections are going on; because they say it has happened elsewhere in Nasarawa and Lagos States”.

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Alhaji Nakande however did not substantiate this allegation.

The P.D.P Elders Northern Forum too had castigated the Daily

Trust Newspaper. The Forum stated on page 20 of its

memorandum JCI/J/137/2009 that:

“Daily Trust Newspaper for many weeks devoted it pages churning out half truths to outright falsehood on history of Jos and the cause of the crisis to legitimize the claims of the Hausas”.

Plateau Indigenous Development Association Network

(PIDAN) while presenting its memorandum JCI/J/107/2009 also

took exception to publications of Daily Trust Newspapers and

particularly referred to an article in the Weekly Trust of Saturday

6th December, 2008 titled “Son of the Soil” by one Bala

Mohammed who stated therein as follows:

“The Hausas are magnanimous settlers. The British settled in Australia and the Aboriginal have never been the same. Today Australia is a Whiteman country through and through ----- The same white settlers went west and settled in today’s America. The indigenous sons of the soil” have never been the same. They in fact even lost their identities for derisive pejorative term, “Red Indians”, they were shot and killed and those who refused to die were inflicted with syphilis and gonorrhoea”.

This Weekly Trust of which PIDAN referred to is attached to

its memorandum as appendix 27. Daily Trust responded to the

allegations made against it before the Commission. In its

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response which is Exhibit S.B1 presented by Andrew Agbese,

Bureau Chief Jos, Media Trust Nigeria Limited, Daily Trust

Newspaper stated that the publications being referred to are either

advertorials or articles written by individuals who are entitled to

their views, and that the articles are not inciting or provocative and

are not a reflection of the editorial policy of the Newspaper.

There are two sides to the conflict in Jos. On one side are

the Hausa/Fulani Muslims while on the other side are the

indigenous tribes of Plateau State who are predominantly

Christians. As earlier noted, the Hausa/Fulani Muslims not only

refused to submit memoranda to this Commission despite an

extension of time for parties to do so but even wrote a letter to the

Commission that Muslims in Jos North would not appear before

the Commission. Despite this letter, some Muslims including one

Hausa/Fulani submitted memoranda to this Commission but there

is no evidence before this Commission that the indigenous tribes

of Plateau State also made publications that were considered

provocative and inciting. Even from the totality of the evidence

placed before this Commission, we could not lay our hands on any

publication from the indigenes that was provocative and inciting.

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As for the publications enumerated above, there is no doubt

that they are provocative and inciting. For example, calls upon the

faithful to come out for a Jihad and kill the infidels, both young and

old, apart from being misguided is inciting and provocative.

Similarly, a call on members of a religious grouping not to vote for

people of another faith in an election, and that if people of that

particular grouping did not win the election, there should be trouble

is very inciting and provocative.

Also provocative and inciting is publication by Bala

Mohammed that the Hausa Settlers are magnanimous because in

America, the Americans did not only dominate the Red Indians but

also killed and inflicted them with venereal diseases. This is highly

provocative, even though this was published after the Unrest of

November 28th, 2008.

These kind of publications instead of disabusing minds was

aimed at causing distrust, ill-feeling and disunity leading to

escalation of the Unrest. Without these type of publications, the

Unrest would not have assumed the dimension it did. Surely,

similar inciting and provocative publications were remote causes of

November, 28th 2008 crisis.

3.6 Creation of Jos North Local Government Area

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Jos North Local Government Area in Plateau State was

created by State (Creation and Transitional Provisions) Decree

No. 2 of 1991 which came into force on the 30 th September, 1991.

Prior to its creation, Berom elders Council had in a letter dated 23rd

January, 1989 (Exhibit S.A3) addressed to the then Military

Governor of Plateau State and another letter dated 11th

September, 1991 (Exhibit S.A2) also addressed to the then

President General Ibrahim Babangida requested for the creation of

Jos Metropolitan Local Government Area out of the former Jos

Local Government. The areas they wanted included in the Jos

Metropolitan Local Government Area are Jos town, Vwang, Kuru,

Du, Gyel, and Gwong Districts all in the former Jos Local

Government.

The Hausa/Fulani Community also wrote a letter dated 28th

January, 1989 (Exhibit S.A4) to the then President Ibrahim

Babangida requesting for the creation of additional Local

Government Areas out of the former Jos Division but wanted the

creation in a different form from the form suggested by the Berom

Elders Council. The Hausa/Fulani Community demanded that the

area Berom elders Council proposed as one Jos Metropolitan

Local Government be split into two, Jos North and Jos South.

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At the end, Jos North and Jos South Local Governments

were created out of the proposed Jos Metropolitan Local

Government as demanded by the Hausa/Fulani contrary to the

demand of the Berom Elders Council who had submitted in Exhibit

S.A2 that the creation of any Local Government in Jos based on

the present North and South Federal Constituencies will

automatically deprive Beroms of their right to Jos, the seat of their

cherished traditional institution. Indeed, Du Elders Council in its

memorandum JCI/J/81/2009 stated at page 15 of the

memorandum that the creation of Jos North Local Government

Council in which Du District was split into two with one part in Jos

North and the other part in Jos South was unacceptable to the

indigenes and a majority of the people. Du Elders Council added

on the same page that in other places where similar things

happened, they complained and theirs were rectified but that of

Jos was ignored.

It was at the same time that Jos North and Jos South Local

Governments were created out of the former Jos Local

Government that Jos East was also carved out of the same former

Jos Local Government (see Decree No. 2 of 1991). The indigenes

viewed this as a careful attempt to split up the indigenes in the

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then Jos Local Government into different Local Governments and

carve out a Local Government for the Hausa/Fulani which the

indigenes considered as having been carved out of their

indigenous Districts such as Du, Gyel and Gwong. According to

Du Youth Movement in its memorandum JCI/J/73/2009 page 13,

the indigenous communities made their proposals for the creation

of new Local Government Areas in Jos but the Hausas were busy

scheming to carve them out of Jos city centre and with the help of

General Babangida at the helm of affairs, the indigenes

surprisingly woke up to the taunting of the new Local

Governments. Du Youth Movement accused General Ibrahim

Babangida of having deliberately created Jos North Local

Government in the manner it was created to favour the Hausas to

the detriment of the indigenes.

In its memorandum, JCI/J/152/2009 the Berom Forum,

Chwelnyap JCI/J/152/2009 stated on page 4 as follows:

“When Jos North Local Government Council was created out of the former Jos Local Government Council, there was a protest by the native tribes because it was perceived as a conspiracy to marginalize them by giving the Hausa/Fulani the sole ownership of the Jos North L.G.C. This perception by the indigenous tribes was supported by the fact that Jos North L.G.C was established by Military dictatorship fiat which was made without due consultations with the

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indigenous communities as well as the various interest groups in Jos”.

From this evidence, it is clear that the indigenous tribes of

Jos North were not comfortable with the creation of Jos North

Local Government out of the former Jos Local Government which

they contended was against their wishes. They saw it as a clever

design by the Hausa/Fulani to carve out the indigenous group and

claim Jos North as their own enclave. It was no surprise therefore

when the Berom Elders Council wrote a letter dated 3rd June, 1992

(Exhibit S.A8) to the then President Ibrahim Babangida urging him

to reconsider the creation of Jos North Local Government Area on

the ground that the creation would generate crisis and called on

the President to reverse the creation.

In memorandum JCI/J/40/2009 at page 13 the Berom Elders

Council described the creation of Jos North Local Government

Area in the following words:

“Jos North Local Government Area was created by the General Ibrahim Babangida (IBB) administration in 1991 in clear negation of the wishes and demands of the indigenes. The design of the Hausa/Fulani was to carve out the indigenous groups and so claim the L.G.A as their own. Despite our protest to Dodan Barracks, Babangida did not botch (sic). This is the most unnatural Local Government ever created as it cuts Du District Chiefdom into two without regard to traditional institutions; it has amorphomous (sic)

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boundaries, with the State Secretariat and Governor’s Office in Jos South L.G.A and not in the supposed State Headquarters, Jos North”.

Berom Elders Council recommended the dissolution of Jos

North Local Government Area in the following words:

“We reject in totality Jos North Local Government Area as presently constituted. The Local Government Area should be dissolved and due process followed in the creation of a new Local Government Area based on the wishes and desires of the indigenous people”.

Responding to the allegation against him that his

administration created Jos North Local Government Area in the

manner it did deliberately to favour the Hausa/Fulani to the

detriment of the indigenes, General Ibrahim Babangida through his

Counsel stated that Jos North Local Government Area was

created based on a guideline for the creation of new Local

Governments laid down by the defunct National Electoral

Commission which is Exhibit S.A1.

According to the General Ibrahim Babangida, there were

demands for the creation of Local Governments and the Armed

Forces Ruling Council deliberated and approved the creation of

additional Local Government Areas. The minutes of the meeting

of the Armed Forces Ruling Council in this regard is Exhibit S.A5.

The creation of additional Local Government Areas was given the

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force of law by the enactment of States (Creation and Transitional

Provisions) Decree No. 2 of 1991. The Decree is Exhibit S.A7.

General Ibrahim Babangida, said there were several complaints

following the creation of additional Local Government Areas one of

which was a complaint from Berom Elders Council asking that the

creation of Jos North Local Government be looked into because its

creation was not properly done. That petition by Berom Elders

Council to the then President Ibrahim Babangida is Exhibit No.

S.A8.

Following the several complaints, a memorandum (Exhibit

S.A9) was raised by the then Secretary to the Government of the

Federation for a consideration of the complaints, one of which is

Exhibit S.A8 by Berom Elders Council calling, for a reconsideration

of the creation of Jos North Local Government.

General Ibrahim Babangida said his administration could

however not address the complaint of Berom Elders Council

because shortly after Exhibit S.A9 was raised, he stepped aside

and he thought the Governments that came after his should have

looked into the issue since Government should be a continuous

process.

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The attempt by General Ibrahim Babangida’s Government to

revisit the creation of Jos North Local Government, even though

the issue was not in fact redressed, is an indication that there is

indeed a problem with the creation of Jos North Local Government

as shown by the evidence before the Commission. Since the

creation of Jos North Local Government in the manner it was

created, Jos has not known peace. The fears of the indigenes

have been confirmed.

It is not as if the Hausa/Fulani are entirely satisfied with the

creation of Jos North Local Government in the manner it was

created. They had themselves called for the creation of Jos North

Local Government, out of the present Jos North Local Government

with capital at Angwan Rogo.

Their call for the creation of a new Local Government Area

out of the present Jos North Local Government with the capital at

Angwan Rogo is contained in Appendix IV attached to

memorandum JCI/J/149/2009 presented by Laranto Berom

Community, Jos North. Appendix IV of that memorandum is a

leaflet written by one Idris Ibn Mohammed for Joint Islamic

Committee on behalf of Al-Qaeda Network of Nigeria in

conjunction with Jasawa Development Association. The Elders of

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Jasawa Development Association (J.D.A), Jos had made a similar

submission to the Niki Tobi Commission of Inquiry in 2001. The

memorandum of the Jasawa Elders submitted to Niki Tobi

Commission in 2001 is attached to memorandum JCI/J/28/2009

presented by Mwaghavul Development Association as Appendix II.

In the said Appendix II they stated as follows:

“We call for the splitting of Jos North Local Government Area into three autonomous Local Governments, namely:

1. Jos North-East comprising Naraguta A, Naraguta B and Jos-Jarawa Wards,

2. Jos North West comprising of Jenta Apata, Jenta Adamu, Tudun Wada, Kabong, Vandapuye and Tafawa Balewa Wards,

3. The remaining wards of Ibrahim Katsina, Ali Kazaure, Garba Daho, Abba Na shehu, Sarkin Arab and Gangare ward should remain and sustain the present Jos North Local Government Council”.

This is a strong indication that the creation of Jos North

Local Government the way it was created is definitely not a

reflection of the wishes of the people. If proper consultations

were done and the wishes of the people reflected in its

creation, the creation of Jos North Local Government would

not have generated so much conflict. Surely, the creation of

Jos North Local Government in the manner it was created is

a remote cause of the November, 28 2008 Jos civil Unrest.

3.7 Allegation of expansionist tendencies

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According to Honourable Francis Tadi Gazu who presented

memorandum JCI/J/77/2009, the Hausa/Fulani dominated areas of

Jos North are Ali Kazaure, Sarkin Arab, Ibrahim Katsina, Garba

Daho, Gangare, Angwan Rogo, Angwan Rimi, and Abba Na

Shehu. However, the allegation against the Hausa Fulani is that

their desire is to expand the frontiers of their territories as far as

possible, take over the whole of Jos, control and dominate same

through the instigation and use of persistent crisis. The Tiv

Community in Plateau State who presented memorandum

JCI/J/183/2009 described this strategy of the Hausa/Fulani as:

“always be the first to strike, plunder, burn, intimidate and when your enemies run, proceed to occupy”.

Many of those who testified and presented memoranda

before the Commission think the crisis of 28th November, 2008

was carefully planned and executed by the Hausa/Fulani in Jos

with the aim of exterminating their neighbours and taking over their

territories and ultimately take over the whole of Jos which they

believe legitimately belongs to them to the exclusion of all others.

Some of the utterances being made by the Hausa/Fulani while

attacking their neighbours in the day of the crisis support these

assertions. Commission witness 8 and presenter of memorandum

JCI/J/25/2009, Evangelist Da Andrew N. Dalyop from Dogon

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Dutse, Jos, stated that the Hausa/Fulani who came to attack them

during the crisis made the following remarks:

“Allahu Akbar, za mu ji ma arna, Jos ta Arewa namu ne; sabuwa da kaza bata hana yanka”

meaning

“we are going to kill the infidels (pagans), Jos North is our own, being familiar with the chicken does not prevent it from being slaughtered”.

Even leaflets being circulated by the Hausa/Fulani in Jos

during the crisis was a manifestation of their desire to fight and

take control of Jos North exclusively for themselves.

One of these leaflets is a document attached to

memorandum JCI/J/33/2009 presented by Jos Divisional Cultural

Organisation (JODICO) as appendix V. The leaflet is authored by

one Sheik Mohammed Usman Kano and addressed to members

of Jasawa Development Association. It was stated therein as

follows:

“Members of Jasawa Development Association, if Allah agrees the infidels will leave the position of Chairman for us we should not be weak, we shall not leave them. We shall start a Jihad to defeat the infidels….. the arms sent from Lebanon are in Chad. The arms sent by Gadafi have been brought in and are in Bauchi. The one sent by Saudi Arabia are in Cameroon….”

Another of such leaflets is Exhibit CB attached to

memorandum JCI/J/136/2009 presented by Berom Parliamentary

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Forum. Exhibit CB is a document written by Islamic Revolutionary

Network. The Network stated therein as follows:

“The taking over of Jos North is now….. No Compromise, no going back. Allah will punish us if we compromise on issue of Jos North Local Government Area….. in-sha Allah, we shall win over them this time around. We shall go forth (Jihad) Quran 3:39, 9:73”.

The desire of the Hausa/Fulani to take over and control Jos

North Local Government was strongly emphasized when in 1987,

Alhaji Sale Hassan, a Hausa/Fulani Community Leader in Jos

called upon the Jasawa Youth to rise and recover the rulership of

Jos which according to him slipped off the hands of their parents in

1945. This call was carried by the Reporter Newspaper of 13th

October, 1987 attached to memorandum JCI/J/33/2009 presented

by Jos Divisional Cultural Organisation as Appendix iv. In the said

Appendix iv, Alhaji Sale Hassan was quoted as saying:

“This is because the traditional title of Jos belongs to the Hausas and not any other tribe….. In 1945 when late Rwang Pam was made District Head of Jos, we protested and we were assured that the Jos Traditional Rulership would be restored to us but up to today, that promise has not been fulfilled. The Youth must struggle to recover the Jos traditional title because when our great grand parents were brought here, Jos was under Bauchi…..”

Ever since that call, Jos has not known peace. It has been

one crisis after the other. The struggle to ‘recover’ Jos traditional

title has not been peaceful. It is probably due to this struggle to

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recover the traditional title of Jos by the Hausa/Fulani with the aim

of taking over and dominating Jos North that Alhaji Inuwa Ali, a

member of the Hausa/Fulani Community in Jos has been parading

himself about as the Emir of Jos even though the paramount ruler

of Jos is the Gbong Gwom Jos. Jos Divisional cultural

Organisation (JODICO) in its memorandum JCI/J/33/2009 stated

on page 12, of the memorandum as follows:

“The antecedents of Inuwa Ali from Kano State, a settler in Jos points to other causes of the crisis of recent, he has been parading himself as Emir of Jos, a magnanimous beneficiary of the traditional title of Turakin Jos has gone beyond bounds to issue out titles to other Hausa settlers in Jos an action all right thinking people see as a dire confrontation to the authority of His Majesty, Da Victor Pam (DIG) (rtd) Gbong Gwom Jos”.

The invitation letter to the turbaning of these titles holders

appointed by Alhaji Inuwa Ali is Appendix III attached to the

memorandum of JODICO. It contains the list of the title holders in

question and all Ward Heads under Alhaji Inuwa Ali. Appointment

of Ward Heads as well is an indication that Alhaji Inuwa Ali had

established his own traditional council independent of the Gbong

Gwom Jos, the paramount ruler of Jos, which confirms the

assertion that he is indeed parading himself about as Emir of Jos,

a confrontation to the Gbong Gwom Jos. The indigenous tribes,

understandably have not taken kindly to this posture and this has

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resulted in a bitter struggle for the control of Jos, a source of the

incessant friction in Jos. As can be seen this desire to expand

frontiers, take over and control Jos North is a motivating factor in

the adoption of any means, including even the use of religious

sentiments and violence to achieve this goal.

It has been forcefully stressed before the Commission that

the desire of the Hausa/Fulani is to Islamize not only Jos but the

entire Plateau State and Nigeria as a whole. One of the many

persons who canvassed this position before the Commission is Mr.

Jidauna Joel Gukas who presented memorandum JCI/J/13/2009.

Jidauna Joel Gukas stated on page 4 of his memorandum as

follows:

“What happened in Jos city on 28th November, 2008 was climax of a long pre-planned thing, a plan by the Hausa settlers in Jos to dominate and completely annihilate Plateau State indigenes (a mad day time dream) to complete the Jihad Usman Dan Fodio tried on the Plateau in 1873 but failed woefully….”

Jidauna Joel Gukas then went on to refer to the Guardian

Newspaper of 25th September, 2001 which he attached to his

memorandum wherein Dr. Hassan Dati Ahmad (Chairman

Supreme Council for Sharia in Nigeria(SCSN) was quoted as

saying that Sharia law should be implemented in Plateau State.

Mr. Gukas wondered why Sharia law should be implemented in

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Plateau State which is a predominantly Christian State if not for

the desire of the Hausa/Fulani Muslims to Islamize Plateau State.

Laranto Berom Community which presented memorandum

JCI/J/149/2009 also share the view of Jidauna Joel Gukas. The

Community referred to a leaflet written by one Idris Ibn

Mohammed for Joint Islamic Committee on behalf of Al-Qaeda

Network and Islamic Revolutionary Community of Nigeria in

conjunction with Jasawa Development Association, Plateau State

which it attached to its memorandum. The leaflet is headed “why

we must carry out a Jihad in Plateau State” and it is stated

therein as follows:

“We write again to remind prominent Islamic Leaders like you the reason why we must continue the Jihad in Plateau State”.

However, Alhaji Garba Mohammed Jos who presented

memorandum JCI/J/221/2009 before the Commission and

Barrister A.A. Ibrahim who also presented memorandum

JCI/J/215/2009 think otherwise. According to the duo, religion is

not in issue but rather it was a case of manipulation of religion to

achieve an entirely selfish agenda. Alhaji Garba Mohammed Jos

who presented memorandum JCI/J/221/2009 stated therein as

follows:

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“One way in which they cleverly gain recognition is by attaching themselves to a recognised Islamic Organisation such as JNI (Jama’atu Nasril Islam) etc so as to enhance their illegal activities…. Whenever they are challenged, it is claimed that the Muslims on the Plateau are discriminated against. The indigenes had to attach themselves to CAN alerting it since they have no alternative, This is the only way religion came in. But there is no religion involved at all but politics and Chieftaincy and this is what should be tackled”.

Barrister A.A Ibrahim in his memorandum JCI/J/215/2009

stated as follows:

“From my personal interaction and observation, the frequent crises in Plateau have nothing to do with religion. Religion is only co-incidental factor used deceitfully as a weapon to achieve selfish and ungodly ambitions interests by both parties…. The main factor for these crises as at today is economic empowerment which has created business and material gap between followers of the two religions”.

From the foregoing, the Commission finds that religion was

not the main issue but was an issue that was exploited by both

sides to achieve other goals. Religion was merely injected into the

crisis to inflame passions and mobilize members for a crises which

sole aim was to serve economic and political interests of the

perpetrators. After all no religion preaches violence and none

sanctions destruction of lives and properties. If the perpetrators of

the crisis are actually religious, there would have been no crisis in

the first place. The reason for the crisis can be anything but

certainly not religion because there is no common philosophy

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between religion and the violence which was witnessed during the

November 28th Unrest.

3.8 The Quest for Economic Dominance of Jos North by the

Hausa/Fulani

The struggle to take over, control and dominate Jos North is

not an end in itself. Certainly, it is just but a means to an end.

Why are both parties struggling so much, even violently, to control

and dominate Jos North? The reasons are not far fetched.

Human Rights Watch think the reason behind the crisis is purely

economic. In its memorandum JCI/J/147/2009 presented by Eric

Guttschuss, Human Rights stated therein as follows:

“religious, political and ethnic disputes often serve as mere proxies for the severe economic pressures that lie beneath the surface”.

Indeed the quest to pursue a tribal agenda or political

domination of any given environment are all aimed at getting

economic advantage. Everything boils down to economic benefit

at the expense of opponents. If there is the need to struggle, even

violently, to gain control and dominate Jos North, it is for the

purpose of gaining the economic upper- hand. What confirms this

fact is the testimonies of many witnesses who testified before the

Commission that shortly after their houses were burnt, offers were

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made to them by the Hausa/Fulani to buy these burnt landed

properties cheaply.

That was the testimony of Pastor O.J. Iregbu, Commission

witness 172 who presented memorandum JCI/J/08/2009.

According to the Witness, offers were made for the purchase of

the land, property of Effective International College, situated in the

midst of Hausa/Fulani Muslims at Ubiyal Katako Junction, Jos but

the offers were turned down. However, during the November, 28th

Civil Unrest, structures on the land were destroyed by the

Hausa/Fulani Youth. That was also the testimony of Commission

witness 170 Mr. James Olukayode Obaleye who presented

memorandum JCI/J/217/2009. The evidence of James Olukayode

Obaleye is as follows:

“By the time I returned to see the situation of the house, it was only our house that was standing. Virtually every dwelling house on this street was raised down. The houses left are the very few belonging to certain Hausa/Fulani occupants. I then had entrusted my house to a Hausa man. We have lived with him for 15 years. The Hausa man who I have known as one Mohammed told me certain people wanted to buy the house. I refused. He later approached me to say they wanted to rent, I still declined. Not long after my house was burgled. Some of the items were recovered in Mohammed’s house. Thereafter when it became obvious that they could not take over my house, they decided to set it on fire, being the only house standing after the incident of 28th November, 2008.

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There were even cases of outright breaking, entry, stealing

and looting of properties as in the case of Mr. A.I Ogbagbe who

presented memorandum JCI/J/169/2009. Mr. A.I. Ogbagbe

stated in his memorandum as follows:

“The riot erupted in Ali Kazaure area of Jos in Jos North Local Government Area of Plateau State around 5:00 am on Friday 28th November, 2008. I went to my shop later in the day and to my utmost dismay, I discovered that my shop had been broken open and bags of Akpu I stored in my shop had been stolen and removed from the shop”.

That was also the story of Mrs. Dorathy Ogbonna who

presented memorandum JCI/J/171/2009 and narrated her story as

follows:

“My name is Dorathy Ogbonna, I am a dealer in Gari. My shop is located at Kasuwan Nama, shop No. 3. It happened on Friday 28th November, 2008, I discovered that my shop had been broken open and all items in the shop removed and stolen”.

The zeal to expand territories even by means of burning and

buying over of peoples properties, or even outright stealing and

looting, brings to the fore the economic motive of many of the

active participants of the Unrest.

One fact which Human Rights Watch also pointed out is the

fact that poverty and unemployment have both become

widespread and severe in Nigeria such that competition for scarce

opportunities to secure Government jobs, education and political

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patronages has intensified dramatically. This situation had led to

economic destitution and desperation and if not curbed will

continue to play a very negative role in crisis situations. If the

citizenry are economically comfortable, the temptation to engage

in purely criminal activities in the name of “a struggle against

marginalisation” will be less pronounced. There is the need for

Government, not only at the state level alone, but particularly at

the national level to seriously address the issue of economic

depravity and social insecurity.

3.9 Influx of People into Jos

One disturbing fact about the November 28th civil Unrest in

Jos is the evidence that “mercenaries” were brought into Jos from

neighbouring states and even neighbouring countries to prosecute

the civil Unrest. National Association of Afizere Youth Movement

in its memorandum JCI/J/95/2009 presented by its National

President and Commission witness 97, Engr. Yakubu Ashoms

stated on page 15 of the memorandum as follows:

“Weeks before the November 27th Local Government Polls, there were influx of large number of Hausa/Fulani from neighbouring states, notably Bauchi State. This was with the intent of adding to the voting and fighting strength of the Hausa/Fulani during the Polls (as the case at old Lamingo road, Jos in May, 2002). These people masqueraded as

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water vendors, commercial motor cycle riders and scavengers. Apart from over-stretching existing facilities like roads, water supply etc, they constituted a menace whenever found in clusters especially Bauchi Road and adjoining streets”.

Another piece of evidence was the arrest of 26 heavily

armed persons on the 1st January, 2009 at a Military check-point in

Jos. This news was reported by several Newspapers and

magazines among which are Guardian Newspaper of 3rd January,

2009 tendered as Exhibit JCI/J/155/2009/3 in memorandum

JCI/J/155/2009 presented by Mr. John Likita Mwanle Best and

News Gate Magazine of 15th January, 2009 which is Exhibit G

attached to memorandum JCI/J/65/2009 presented by Berom

Patriotic Forum. News gate Magazine reported on page 5 as

follows:

“The mercenaries were caught with sophisticated weapons ranging from AK 47, assorted guns, several pistols, daggers, amulets and charms including Army and Police uniforms, Military boots, teargas and other weapons. On their heads were caps with inscription like “war, “fire”, Islamic warriors”, “JNI’ and other inscriptions. They had badges of the Nigeria Army on their uniforms”.

This Day Newspaper of 27th December, 2008 which is

Exhibit JCI/J/40/2009/7 tendered in memorandum JCI/J/40/2009

presented by Berom Elders Council quoted Governor David Jonah

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Jang of Plateau State as saying that 50 of the 530 persons

arrested by the Police in connection with November 28th civil

Unrest in Jos were foreigners and were caught in Military uniforms

armed with guns.

Mr. E.A. Gbuuga, the Comptroller of Immigration Services,

Plateau State Command responded to the Commission’s invitation

to appear before it and gave evidence. He submitted a written

response which is Exhibit SG1. In his submission the Comptroller

of Immigration Service, Plateau State stated that the Nigeria

Immigration Service, Plateau State was not invited to be part of the

security arrangements for the Local Government election and was

not also invited to be part of the Security Council meeting before,

during and after the crisis but when he heard allegations of foreign

nationals involvement in the crisis, he wrote a letter to the

Comptroller of Prisons in Jos to allow him screen and determine

the immigration status of the alleged foreigners. The Controller of

Prisons on the strength of the request forwarded a list of 76

suspected foreigners to him and he constituted a six member

Committee to screen the suspects to determine their immigration

status and 7 persons out of the 76 suspected foreigners were

found out to be foreigners. Of the 7 foreigners, 6 are from Niger

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Republic while 1 is from Chad Republic. Again on the 8th January,

2009, C.P. Abiola Odion of General Investigation Department,

Force C.I.D Abuja investigating the civil Unrest in Jos requested

the Controller of Immigration in Jos to assist the Police to screen

16 suspected foreign nationals and it was discovered that all the

16 persons are Nigeriens from Niger Republic but none of them

had any form of travel documents and were discovered to be

illegally residing in Nigeria.

According to E.A Gbuuga, all those foreigners entered

Nigeria illegally because of the porous nature of Nigerian borders

which has compelled Nigeria Immigration Service High Command

to propose to the Federal Executive Council the construction of

147 passport control plazas at the recognized border posts in the

country.

This report by the Comptroller of Immigration Service in Jos

confirms the presence of foreigners residing illegally in Jos and

even though the number may not be as many as was reported in

the press, the number may not also be as few as the figure given

by the Immigration Service because there is no evidence that the

Immigration Service screened all those arrested in connection with

the crisis. The Police in its response through C.P Samson V.

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Wudah, the Commissioner of Police, Plateau State at the time of

the crisis and who was transferred to Force Headquarters, Abuja

shortly after the crisis stated that some foreigners were arrested

during the crisis but their level of involvement in the crisis has not

yet been determined because those arrested during the crisis have

been charged to court but the cases are still pending. He said the

investigation into the case of the 26 armed persons arrested in Jos

on the 1st of January, 2009 at UTC Junction has been transferred

to Force Headquarters, Abuja and they have been charged to

court in Abuja.

The presence of large number of illegal immigrants in any

place at all is not an encouraging news. The evidence placed

before this Commission is that there were illegal immigrants in Jos

at the time of the civil Unrest in Jos and in crisis situations,

anything can happen. We think that a large presence and even

influx of people from other states into Jos shortly before and during

the Unrest is a pointer to the fact that the Unrest has a connection

with the influx of people. Even though the Commission could not

ascertain the evidence as to whether these were in the main,

illegal aliens or “mercenaries”. The porous nature of our borders

which permits the influx of illegal foreigners into Nigeria is a major

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cause for concern which needs to be addressed for the security of

every part of Nigeria.

3.10 Lack of prompt response by the security forces

One fact which ran through some memoranda presented

before the Commission was the fact that the Police and the Military

who eventually intervened and brought the situation under control

did so belatedly after the perpetrators of the crisis had had a field

day causing havoc to lives and properties. The argument put

forward is that the security forces did not respond at all or where

they responded, it was too late. Izu Umuna Cultural Association,

Jos in its memorandum JCI/J/160/2009 stated on page 2,

paragraph 7 that “while the attack lasted, distress calls to the

Police were not responded to”.

On his own part, Pastor Godwin Okeke presiding Pastor of

Jesus Total Liberation Mission, Jos who presented memorandum

JCI/J/132/2009 on behalf of the Church stated on page 4 of the

memorandum that:

“the Jos riot of 28th November, 2008 was also aided by the security lapses from the security operatives in the State for example, I met the Police Patrol Teams, I told them what was happening in the Church, that some people were in with guns and some ammunitions but they didn’t give me attention. Consequently the attackers had enough time to

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execute their evil plans not only burning the Church, but pulling down the walls”.

Mr. Sunday Gomper who submitted and presented

memorandum JCI/J/91/2009 stated on page 19 of his

memorandum as follows:

“The defenceless citizens made frantic effort to access security men to give them protection but to no avail, it was a total collapse of the security network”.

There were many of such complaints from various

Witnesses.

Apart from complaints of lack of prompt response or total

inaction on the part of the security forces, there was also a

complaint of alleged excessive use of force and arbitrary killings

level against the security forces. This complaint was by the

Human Rights Watch which presented memorandum JCI/J/

147/2009 and stated on page 1 of same as follows:

“On November 28th – 29th, 2008, deadly clashes between Muslim and Christian mobs and the excessive use of force by security forces left hundreds dead in Jos, Plateau State… In responding to the inter-communal violence, the Nigeria Police and Military were implicated in more than 130 arbitrary killings, mostly of young Muslim men from Hausa/Fulani ethnic groups. Human Rights Watch documented 133 killings but believes that the actual number of arbitrary killings by security forces may be substantially higher than these figures….. The vast majority of the killings by the Police and Military came on November, 29th, the same

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day that Plateau State Governor Jonah Jang issued a “shoot-on-sight order to security forces”.

However, this allegation of excessive use of force and

arbitrary killings by the security forces following an alleged “shoot-

on-sight” order to the security forces from Plateau State Governor

Jonah Jang was based on evidence which the presenter say, was

gotten from unnamed sources. Mr. Eric Guttschuss who

presented the Memorandum of Human Rights Watch admitted

under cross examination that he came to Nigeria on 3rd December,

2009, many days after the crisis and he relied heavily on the

evidence of unnamed persons who therefore could not be called to

corroborate or confirm the evidence before the Commission. As

for the “shoot-on-sight order” allegedly issued by Governor Jonah

Jang, Eric Guttschuss also admitted under cross examination that

he did not see the statement containing the “shoot-on-sight-order”.

However, the address by Governor Jonah Jang to the people of

Plateau State following the civil disturbances in Jos on Friday, 28th

November, 2008 was tendered before the Commission. The

address is annexure C.1 attached to the response of Mr. Samson

Jidauna Dimka, Secretary to the Plateau State Government to the

Commission. The response itself was tendered before the

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Commission and admitted in evidence as exhibit JCI/J/2009/ S.J.1.

What the Governor actually stated in the statement is as follows:

“The security details are under instruction to return fire-for-fire from any person or group disturbing the peace”.

The Commission found elsewhere in this report that the

parties to the Unrest used sophisticated weapons during the crisis.

Certainly, where a mob is heavily armed and has attacked the

security forces and where deadly force is being used and their

lives are threatened with death, it is believed that the security

forces will always be guided by their rules of engagement under

such circumstances. In any case, the security forces denied the

allegation of excessive use of force and arbitrary killings or even

receiving any `shoot-on-sight’ order from the Governor. C.P

Samson V. Wudah, Plateau State Commissioner of Police at the

time of the Unrest in his response before the Commission stated

as follows:

“There was never a time when such order was given to me either verbally or in writing. Neither did I give shoot-at-sight-order to any Police officer during the crisis. The whole operation was guided by operation order”.

Even the Human Rights Watch emphasised the fact that the

Army and Police authorities denied the fact of excessive use of

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force and arbitrary killings. Human Rights Watch stated in its

memorandum as follows:

“Senior Police and Military officials interviewed by Human Rights Watch in December denied having received any reports of their forces being involved in arbitrary killings during the violence. Assistant Commissioner of Police, Oga Ero said “we have received no report at Police High Command that Police were killing people”, Brigadier Emeka Onwuamaegbu likewise informed Human Rights Watch that “ I have no evidence or information that Nigerian Soldiers were involved in any arbitrary killings”.

Against the background of these denials, mention must be

made of the cases of armed persons who though not security

personnel, were arrested wearing fake Military and Police

uniforms. C.P. Samson V. Wudah on this point stated as follows:

“When their houses were searched on 30th November, 2008, an Army Camouflage uniform, a single barrel gun cartridge and three boots were recovered. Also an elderly man was once brought to my office by D.P.O Laranto who alleged that seventeen boys were murdered by some men in uniform. Their uniforms according to him were slightly in between Army and Immigration…. They were reported to have a video machine with which they film the corpses”.

With these kind of evidence, the alleged excessive use of

force and arbitrary killings by the Nigeria security forces becomes

uncertain, as these could have been by the alleged persons in

fake Military uniforms. It is a possibility that the alleged arbitrary

killings were done by persons impersonating security forces.

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Nevertheless, the allegations are grave and worthy of proper

investigation.

These allegations not withstanding, the security forces were

credited with having brought the civil Unrest under control. The

Police responding through CP Samson Wudah, the then

Commissioner of Police, Plateau State stated that there was

enough deployment of Policemen to maintain security all over the

state during the election and when the Unrest broke out, sufficient

re-enforcement was brought in from neighbouring states to assist

Plateau State Command and the Police did their best but

inadequate logistics affected the overall performance of the

Command during the Unrest. This excuse apart, the Commission

is not unaware of the fact that the State Governor, though the

Chief Security Officer of the State, is not the Commander in Chief

of the Armed Forces and cannot on his own without the permission

of the Commander-in-Chief order the deployment of troops. This

reason in addition to logistics problems of the Police must have

also affected the swift intervention of the security forces during the

crisis.

If these lapses are identified and rectified by the authorities,

we will have a functional and responsive Military and Police force

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whose services are very relevant in crisis situations. Without a

functional and responsive network of Police and Military personnel,

crisis such as that of 28th November, 2008 cannot be effectively

and promptly curtailed. Lack of prompt response by the security

forces is a sure remote cause of the Unrest.

3.11 Blockage of roads during hours of worship

In memorandum JCI/J/145/2009 by Professor D.N.

Wambutda, the presenter stated therein that:

“I wish to strongly suggest that the closing of roads for worship on both Friday and Sunday be stopped forth with, otherwise we shall see more religious riots. The reason is simple. The roads are built by tax payer’s money including non-believers. It is very inconvenient running into unexpected stoppages. More land should be made available to build more Mosques and Churches”.

In Memorandum JCI/J/37/2009 by the NGAS Development

Association, Jos North Branch, it was expressed in their

recommendations that:

“The Law as passed by State House of Assembly against blocking of road during Worship should be enforced…..”

Blockage of roads during religious worships by both Muslims

and Christians featured very prominently during the Niki Tobi

Commission of Inquiry set up to investigate the September 7 th,

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2001 civil Unrest. Indeed blockage of roads during religious

worships was an immediate cause of the 2001 civil Unrest. It was

for this reason that Justice Niki Tobi Commission in its report

recommended very strongly that the Government should ban and

enforce the banning of the blockage of public roads by both

Christians and Muslims for prayers and other religious purposes,

because according to the Commission, the practice is illegal and

oppressive to members of the public and creates unnecessary

tension and acrimony among different religious groupings. We

have earlier pointed out that the recommendations of all previous

Commissions of Inquiry were not implemented. That it has been

identified by several memoranda as a remote cause of the

November, 28th Unrest is an indication that the practice still

persist. This practice will continue to create tension and acrimony

among the different religious groupings in Jos and it is this built-up

and accumulated tension that is one of the remote cause of the

November 28th civil Unrest and if not curtailed, will continue to

cause more conflicts.

3.12 Unemployment and poverty

What is not at all in doubt is the fact that the crisis of

28th November, 2008 and indeed others before it were prosecuted

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by the youths on both sides of the divide. Residents of Angwan

Dalyop, a neighbourhood of Ali Kazaure where the crisis started,

presented memorandum JCI/J/140/2009 and stated on page 4 of

the memorandum as follows:

“The crisis in Angwan Dalyop Pam-Osumenyi axis started at about 6:00 am on Friday 28th November, 2008. There was sudden pandemonium as residents were woken by the sudden mass movement of Hausa Youth brandishing dangerous weapons such as cutlasses, swords, machetes, clubs, bows and arrows and later guns. Some of these youth were identified to be residents of Ali Kazaure, Angwan Dalyop Pam, Angwan Rogo and environs----We were also able to learn from one Ahmadu Ali Kazaure that most of the armed militants were from Gangare in Jos. Along the main road, Ali Kazaure Street the armed youth dashed to Chorbe Junction, Fatima Church area with others numbering over a hundred stationing themselves in front of No. 5 Ali Kazaure Street (Mathias Zira’s house) and others at the gate of Fatima Cathedral Church. Residents, terror-stricken, watched as those from Chorbe returned looking more fierce and aggressive, more determine to unleash havoc on residents and home. As the Hausa/Youth advance towards Angwan Dalyop Pam via Federal Hotels resident youth grouped and stood by the way realizing that their homes were the target”.

That was the story all over Jos. The youths were the ones

prosecuting the civil Unrest which caused a colossal loss of lives

and properties.

The problem is that a large proportion of our youths all over

the country are predominantly unemployed. A larger proportion

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still, are not only unemployed, but uneducated and not in school.

This is more particularly so in Northern Nigeria where the almagiri

system is a common practice. Mr. Sunday Gomper who presented

memorandum JCI/J/91/2009 described the almajiri system as a

“Northern phenomenon where parents give up their children of

school age to a cleric to travel to distant places on discipleship

training”.

The system according to Mr. Gomper deprives the

youngsters of formal education and the trainees have to embark

on begging for alms and gifts of left over food for their survival.

The Children of the less privilege people in society, Mr. Gomper

further said, are the ones that undergo this training and

indoctrination. He concluded that:

“the events in the crises in Jos and others all over the Northern part of the country showed the involvement of the almajiris who were used by their sponsors to kill, maim, loot and vandalize properties of victims while the almajiris ended up being cannon-fodders of their sponsors in the event of reprisal attacks while the children of the faceless sponsors are far away in London or America pursuing their studies”.

The sum total of the whole situation is that we have a large

body of unemployed and idle youths who are ready tools in the

hands of misguided Nigerians who will always use them to foment

trouble for their own selfish ends. One sure example of this is the

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use of our idle unemployed and uneducated youths for political

hugger by politicians.

Added to this problem is the issue of poverty which Plateau

Patriots who presented memorandum JCI/J/72/2009 stated on

page 20 thereof as having reduced the proverbial future leaders to

a state of desolation and abject poverty and this has challenged

the state of security, law and order in Northern Nigeria. The

Plateau Patriots further stressed that the country cannot progress

if at the slightest discomfort, youth are mobilised and armed with

gallons of costly inflammables to burn down holy sites, homes,

business premises and industries in one breath. The Plateau

Patriots made copious reference to a survey carried out by Daily

Trust Newspapers on the state of political hugger in Northern

Nigeria. The survey titled “The rise and rise of political hugger in

Northern Nigeria” was published in Weekly Trust of 10th May,

2008. The report, according to the Plateau Patriots reveals how

politicians trained and armed youths as thugs, use them and later

dump them meanwhile these dangerous youths have since taken

a life of their own and are now unleashing violence on innocent

citizens and of course will be easily available at a small fee in any

part of Nigeria at the behest of corrupt and desperate political and

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religious “entrepreneurs”. The Plateau Patriots quoted Weekly

Trust as stating that the youths have become really dangerous and

are spread all over Northern Nigeria. They are known as sara-

suka (hack and stab) in Bauchi, Yan Kalare in Gombe, Yan daba

in Kano, Ecomog in Borno, Kauraye in Kaduna and Katsina States

and Area Boys in Sokoto. These armed youth are often

dehumanised, callous and often under the influence of drugs.

They can do anything. That is why according to the Weekly Trust,

when the sara-suka in Bauchi came to a house looking for

kwarasa, a member of a rival group, and could not find him, they

turned on Jummai an innocent pregnant tenant in the house and

threw her into the well.

That is the level to which our youth have degenerated. The

sara-suka was alleged to have entered a Mosque and dragged out

one worshiper who they accused of belonging to a rival group.

They are indeed uncontrollable. Not even their mentors can call

them to order.

This is the sad state of our youth all due to poverty,

unemployment, lack of social security, drug addiction and youth

restiveness. It is no surprise therefore that it was the youth that

prosecuted the civil Unrest of 28th November, 2008. The blame

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certainly is as a result of all these social vices which need to be

addressed and tackled. The youth who are the leaders of

tomorrow are today destroying their tomorrow and the future is

bleak.

3.13 Illegal proliferation of arms, weapons and use of military

uniforms.

A review of all the testimonies of Witnesses and memoranda

presented before the Commission reveals that a large quantity of

arms and weapons were used in the prosecution of the civil Unrest

of 28th November, 2008 and this perhaps explains the magnitude

of the crisis. According to Nasarawa Baptist Church, Jos which

presented memorandum JCI/J/53/2009, those who attacked the

Church and its members came “with all sorts of dangerous

weapons like guns, machetes, clubs, daggers, sticks and petrol in

gallons”. Apostolic Living Faith Church, Jos which presented

memorandum JCI/J/55/2009 stated on page 2 of its memorandum

as follows:

“within few minutes, we saw some boys they were in groups, in their hands they were holding guns, bows, arrows, cutlasses, axes, gallons and series of things”.

As for members of Methodist Church of Nigeria, Jos Diocese

who presented memorandum JCI/J/62/2009, they were woken up

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by shouts of Allahu-Akbar and sporadic gun shots while the

presenters of memorandum JCI/J/81/2009, Du Elders Council,

said the Muslim youth who were in groups attacking residents of

Katako, Chwelnyap, Nasarawa Gwong, Dogon Dutse and Ubiyal

areas of Jos were carrying dangerous weapons including guns.

The story was same all over, the use of dangerous weapons to

prosecute the civil Unrest.

In some cases, the attackers apart from being armed with

dangerous weapons also wore fake Military uniforms. P.D.P

Elders, Plateau State Chapter which presented memorandum

JCI/J/76/2009 stated on page 6 of its memorandum as follows:

“Military/Mobile Police uniforms were procured along with guns/ammunition all prior to November 27th. Fortunately a number of fake Soldiers/Policemen were arrested. Unless those who procured the uniforms/equipment are fished out and prosecuted, any inquest in Jos North crisis would be exercise in futility”

The possibility of this problem was brought to the fore by the

evidence of Nigeria Custom Service that it seized a large

consignment of Military camouflage uniform materials concealed in

a luxurious Bus travelling from the Eastern part of Nigeria to

Plateau State and handed same over to the Police, albeit that this

was after the Unrest of 28th November, 2008. This evidence is

contained in the response of Nigeria Customs Service to this

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Commission which was tendered and admitted as Exhibit

JCI/J/2009/S.H 1.

If the fact that the perpetrators of the civil Unrest of 28th

November, 2009 wore Military uniforms and were armed with very

sophisticated weapons is worrisome, what is far more worrisome is

the fact that some of these sophisticated weapons of destruction

were manufactured in Yan -Tinka Market of Jos. That was the

evidence of organisation of African Institute Churches which

presented memorandum JCI/J/30/2009. According to the Church,

“most of the locally made weapons used in the 2001 and the 2008

crises were manufactured at Yan – Tinka Market, in Dilimi area of

Jos”.

The fact that the perpetrators of the crisis used fake Military

uniforms and were armed with very dangerous weapons is an

indication that the crisis was carefully planned and financed. Dr.

Charles Gonyok who presented memorandum JCI/J/31/2009

stated this fact in his Memorandum on page 14 as follows:

“the calibre of weapons used, the uniform worn by the arsonists, the manner the rampage was organised all point to the fact that the perpetrators of the violence had taken their time to plan it”.

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It is very obvious then that arms, weapons and Military

uniforms have been either manufactured and/or imported and

stockpiled for the purpose of igniting the crisis. The Commission

cannot but agree with Methodists Church of Nigeria, Jos Diocese

which presented memorandum JCI/J/62/2009 and stated on page

9 of its memorandum that “we have reason to believe that

government and security agencies should be alerted on the

importation of fire arms into Jos North”.

If Military uniforms, arms and ammunitions have not been

stock pilled for the purpose of igniting a crisis, such materials

would not have been readily used during the Unrest. The

availability of Military uniforms and dangerous weapons is itself a

major remote cause of the crisis. Indeed without these items, the

crisis would not have started abruptly and spontaneously in

different places and it would have been much easier for the

security forces to contend the situation. The heavy reliance on

Military uniform and dangerous weapons in a purely civil Unrest of

this nature is a great cause for concern. This is more particularly

so as the level of sophistication in the use of arms and ammunition

has kept escalating since crises commenced in 1994.

3.14 Political marginalisation

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One fact which attracted a lot of prominence in the

presentation before the Commission is the issue of marginalization

which in fact is a multi dimensional complaint. On one hand are

the Hausa/Fulani who are complaining of being discriminated

against and marginalized by indigenes of Plateau State. In an

advertorial published in Daily Trust of January 12, 2009 by Hausa-

Fulani Elders Forum which was tendered as Exhibit

JCI/J/135/2009/4 in the memorandum of Justice, Peace and

Reconciliation Movement, the Hausa/Fulani Elders stated as

follows:

“we have been branded and condemned as “settlers” which according to their policy disqualifies our children from getting indigene certificate which also paves the way for extensive exploitation of our people socially, economically and politically by the “indigenes” ------- we have been denied the right to participate fully in politics by creating a situation whereby we may only vote for “indigenes” but impossible to be freely voted for despite our numerical strength. We have no doubt that we are the most discriminated against and worst maltreated Nigerians”

However, the indigenes think differently. The indigenes on

the other hand think the Hausa/Fulani are having both sides of the

world by taking appointments in their home states and come back

to Plateau and take appointments that are meant for the indigenes

leaving the indigenes empty handed.

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The indigenes contended that in Hausa-Fulani States, it is not

possible for people of Plateau State residing there to get any

appointment as is the case of the Hausa/Fulani who have enjoyed

appointments in Plateau State. In the words of National

Association of Afizere Youth Movement in their memorandum

JCI/J/95/2009,

“previous Commissions of Inquiry reports showed that Jos belong to Anaguta, Afizere and Berom. However, with key state and Federal political positions reserved for Jos North occupied by the Hausa-Fulani Muslims (Baba Hassan, Jos North-North State House of Assembly, Samiala Mohammed, Jos North/Bassa Federal House of Representatives and Ibrahim D. Nakande, former Minister of Information), all they eagerly desire was Chairmanship of Jos North to tell the whole world they own Jos. The Hausa/Fulani fail to understand that the aforementioned political office holders were allowed to be due to the spirit of brotherliness, peaceful co-existence and give and take inherent in the three indigenous tribes”.

According to Jos Divisional Cultural Organisation (JODICO)

in its memorandum JCI/J/33/2009, the Hausa immigrants in Jos

have enjoyed unfettered political representation in Jos. The

Association cited the likes of Alhaji Inuwa Ali, Baba Akawu, Alhaji

Danladi, Inuwa Adda, Shehu Sale Hassan, Samaila Mohammed,

former Chairman, Jos North Local Government who is currently

representing Jos North/Bassa Federal Constituency in the House

of Representatives, Ibrahim Baba Hassan currently Deputy

Speaker, Plateau State House of Assembly, Alhaji Yaro Mairake,

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P.D.P Chairman Jos North, Alhaji Dankurma, former Chairman,

Muslim Pilgrims Welfare Board etc who have at one time or the

other received massive support from indigenes.

With all these appointments, sometimes at the expense of

the indigenes, Du Elders Council wondered why the Hausa/Fulani

should be complaining of marginalization. Du Elders Council

which presented memorandum JCI/J/8/2009 on page 21 stated as

follows:

“Although the Hausa people as settlers have benefited more than any other settler tribe in Jos, they have been complaining of marginalization which is completely false. They have won Chairmanship of Jos, they have had Minister on Plateau quota, House of Representative from Plateau etc, which no other settler has benefited while no Plateau indigenous tribe has ever enjoyed such privilege in any Hausa State no matter how long such a person has lived there”.

Mr. Jidauna J. Gukas who presented memorandum

JCI/J/13/2009 stated on page 12 of his memorandum that in 2003

general election, one Mr. Osita Obiri won election into Kano State

House of Assembly under the platform of P.D.P representing

Fagge Constituency but was denied the seat because Kano Hausa

indigenes protested that he is an “arna” and Timothy a Tiv man

from Benue State contested and won Councillorship position in

Tarauni Ward of Nasarawa L.G.C also on the platform of P.D.P but

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was not allowed because Hausas said he was a non-indigene

though 85% of people of Nasarawa Local Government Area in

Kano State are non-indigene settlers.

Another category of marginalization which was also

highlighted is the marginalization not against the Hausa/Fulani

alone but even marginalization of indigenes by the indigenes

which take the form of political appointments being concentrated to

members of a particular political group at the expense of all others

in the State.

From all these set of facts, it is therefore clear that

complaints of marginalisation is indeed multi dimensional and

parties on both sides to the crisis are accusing one another.

Whether there is indeed marginalization is another question.

Considering the calibre of appointments the Hausa/Fulani have

had in the past and are still having, we cannot at all agree with

them that they have been heavily marginalized and maltreated. If

it were so, they would not have been able to attain the positions

they occupied in the past and are still occupying. After all, they

are not the only non-indigenous tribes residing in Jos. There are

several other ethnic groups such as the Igbo, Yoruba and people

of South-South who have not complained of marginalization

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though there is no evidence that they have enjoyed any of such

positions as the Hausa/Fulani have enjoyed. If they, the

Hausa/Fulani can occupy these positions they have occupied,

these other tribes too are entitled to such privileges. They are also

Nigerians. The Hausas/Fulani cannot have their way all the time.

The justice of the situation is live and let live. With dialogue and

tolerance we can attain a lot of heights. We need not employ

violence to enforce our perceived rights. If every settler tribe on

the Plateau must have a fair share of appointments, the

Hausa/Fulani could not have gotten half of what they got. To

conclude that the Hausa/Fulani are marginalized in terms of

appointments while the other settler tribes have nothing at all will

amount to double standard and selective justice. What is good for

the goose is good for the gander. One would have thought that

the Hausa/Fulani in the spirit of fairness should demand that every

Nigerian in Jos should be treated fairly but that is not their

demand. With dialogue, mutual understanding and peaceful co-

existence, we can attain a united and just Jos where not only the

Hausa alone, but indeed all other settler Nigerians in Jos will be

accommodated in the scheme of things. It has been pointed out

that even in the Hausa/Fulani States, non indigenes are being

heavily discriminated against. The Hausa/Fulani while fighting for

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their rights in Jos should also champion a cause where all

Nigerians irrespective of their place of origin can reside in any part

of Nigeria and be treated fairly. To insist that everything should be

for the Hausa/Fulani and nothing for everybody cannot be a true

struggle against marginalization. It is at best a selfish demand.

It was suggested by the then Director of State Security

Services in Plateau State before the Commission that the

Hausa/Fulani should have been offered the position of Deputy

Chairman in the Jos North Local Government Chairmanship

election of 27th November, 2008 as a way of balancing the political

equation in Jos. As fair as that assertion was, it is not possible for

the Hausa/Fulani to be either Chairman or Deputy Chairman at all

times. They have been either Chairmen or Deputy Chairmen in

the past and at those times they were either Chairmen or Deputy

Chairmen, some other groups had nothing and now that some

other groups have those positions, they too may have nothing like

in the case of these other groups in the past. After all when these

other groups had nothing, heaven did not fall. People must

cultivate the spirit of give and take.

Sometimes, support for a particular political party by a group

determines what that group gets from the political party. If the

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Hausa/Fulani did not support P.D.P but another party, the

Hausa/Fulani cannot easily expect patronage from P.D.P if it

eventually wins. That probably is what Tula Berom (BECO)

University of Jos had in mind when they said about the practice of

the Hausa/Fulani in Jos in their memorandum JCI/J/34/2009 on

page 9 that:

“a Hausa man could claim to be a member of P.D.P but finds it very convenient to vote against his party for a fellow Hausa man in another party or better still fight and kill a P.D.P member in solidarity with his kith and kin in a different party. They will never vote any other person except their own irrespective of party affiliation and loyalty”.

However, a party can only nominate its candidate from an

area where it is likely to have support, otherwise it cannot win the

election.

We think that if the parties to the crisis are just and fair to

one another and embrace dialogue and negotiation, they will be

able to resolve the issue of marginalization without rancour. After

all, justice to one party at the expense of justice to all other parties

is a threat to justice everywhere.

3.15 Social issues:

The persistent violent crises in Jos metropolis since 1994

have not been without its negative effects. The crises have for

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instance affected negatively the relationship between the

Hausa/Fulani who are predominantly Muslims on one hand and

the indigenous tribes of the Plateau and other Nigerians resident in

Jos and are predominantly Christians on the other hand The

position of Hausa/Fulani Elders Forum on the November, 28th

Unrest is contained in Exhibit JCI/J/135/2009/4, an advertorial in

the Daily Trust Newspaper of 12th January, 2009. The advertorial

written in an angry, combative and abusive language accused the

indigenes and Government of Plateau State of common hatred for

the Hausa/Fulani of Plateau State. The Hausa/Fulani Elders

alleged that there is a careful design not only to marginalize and

discriminate against the Hausa/Fulani of Plateau State but even

terminate and eliminate all the Hausa/Fulani people. They

contended very vehemently in the advertorial that Jos town

belongs to the Hausa/Fulani people and if the people of Plateau

State do not want them, Jos North Local Government Area should

be merged with Bauchi State so that they will be under Bauchi

State instead of Plateau State. In their words:

“The Government and the so called “indigenes” are still busy talking about “settlers” and planning how to displace and totally eliminate them from Jos Township. How can we continue to live under this inhuman treatment? The only option open to us is to request for boundary adjustment to

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relocate to Bauchi State or any arrangement that will separate us from our persecutors at least to save our lives”.

The reaction of the indigenes and other Nigerians residents

in Jos North is no less combative, abusive and angry. They

labelled the Hausa/Fulani as an ungrateful group of settlers who

are arrogant and disrespectful to the host community. They

contended that the Hausa/Fulani are fighting everybody to take

over, control, dominate and Islamize Plateau State as a whole.

Tula Berom (BECO) University of Jos in their memorandum

JCI/J/34/2009 described the situation in the following words:

“A typical orientation among the Hausas is that they are superior to all indigenes and non-Hausa people and by extension, they must always lead them. The indigenes are predominantly non-Muslims and therefore labelled “arna” (infidels) who are only good for Hausa exploitation. No wonder, the Hausa continue to feed fat on the sweat and toil of the indigenes in commodity and farm produce markets as Commission agents and in motor parks as collectors of transport fares dressed in National Union of Road Transport Works uniform - - - we stand to be corrected on this point that the Hausa community in Jos is the most intolerant of all non- indigenes and other Nigerians politically, culturally and religiously. The Hausas have never accommodated any other ethnic group in their so-called dominated electoral wards neither have they ever supported indigenous cultural events and activities”.

As for the Igbo Community which presented memorandum

JCI/J/127/2009, the November 28th Unrest was:

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“premeditated, carefully planned and executed by the Hausa community in Jos to destroy the financial base of the Igbos in Jos, drive the Igbos away from Jos North Local Government Area, loot their moveable properties, annex or buy their immovable properties at ridiculously low price as was successfully done in 2001”. They viewed the November 28th crisis as “the execution of Hausa expansionist agenda which was aimed at gaining wider/firmer hold on Jos North Local Government Area”.

The Yoruba Community presented memorandum

JCI/J/202/2009 wherein it placed the cause of the November 28th

2008 Unrest at the doorstep of the Hausas who have expansionist

tendencies and have attacked and killed other residents,

destroyed their properties then offered to purchase the remnants

of the properties especially residential buildings at a paltry sum of

money.

The scenario then is that there is mutual suspicion and

mistrust, deep rooted misgivings, hatred, unforgiveness, anger and

the quest to revenge between the Hausa/Fulani on one hand and

the indigenous tribes of Plateau State as well as all other residents

of Jos on the other hand. This frosty relationship has led to

segregative settlements. Thus we have the predominantly

Hausa/Fulani Muslim dominated areas like Angwan Rogo, Ali

Kazaure, Gangare, Angwan Rimi, Bauchi Road etc, while Apata,

Jenta Adamu, Alheri, Tafawa Balewa, Rukuba Road etc are

dominated by indigenous tribes and other residents of Jos who are

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predominantly Christians. What has further worsened this

segregation is that the divisions are based on religious affiliations

with Christians on one side and Muslims on the other side. In

memorandum JCI/J/72/2009 presented by the Plateau Patriots,

the Association expressed its worries about the cleavages and

exclusiveness existing among the two parties in the Jos crisis

which is only capable of escalating the situation rather than

promoting peaceful co-existence between the two factions. The

association observed with a lot of concern on page 37 – 38 of its

memorandum as follows:

“The successive conflicts in Jos have brought sharp divisions between the Christians and Muslims. In fact it has resulted in self-imposed gerrymandering of Jos city into exclusive “safe” homes for each religion. Today Muslims in their numbers are crowded in Gangare, Angwan Rogo, Bauchi Road, Ali Kazaure, Yan Shanu, Tudun Wada and Dilimi. Most Yoruba Muslims are resident in fairly mixed area of Nasarawa Gwong. This has resulted in ghetto-ization of these settlements with serious security implications for the entire city. It is very difficult to conduct elections in such areas. Security agencies should also watch out for serious crime in those areas. They are suitable environment for sleeper cells of militant terrorists. There is therefore an urgent need for the authorities including government, security agencies, scholars, traditional rulers, conflict resolution practitioners and most importantly religious leaders to understand these phenomena and provide remedial lasting measure”.

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Tekan Youths fellowship which presented memorandum

JCI/J/67/2009 suggested a reintegration of the two parties in the

following words on page 14 of its Memorandum:

“Government should acquire open areas in exclusively dominated mono-ethnic/religious areas of the city centre for erection of housing estate that could house barracks and security agencies and even civilians so as to punctuate the tone of this none assimilation”.

Indeed, residents of Jos have divided themselves into two

warring irreconcilable factions and this itself is a remote cause of

the crisis. As long as the two communities continue to live apart,

there can be no genuine integration and reconciliation. This

posture will aggravate rather than calm down the tension and pave

the way for reconciliation. As long as this situation continues to

exist, there will be mutual suspicion, mistrust, deep rooted

misgiving, hatred, unforgiveness, anger and the desire to seek

revenge.

As a result of these segregative settlements which has

discouraged rather than encouraged integration and peaceful co-

existence among the different segments of Jos, suggestions have

been made on how best the situation can be addressed. One of

these suggestions is the provision of security post in strategic

areas within Jos city. In their recommendations, Berom elders

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Council which presented memorandum JCI/J/40/2009 suggested

on page 20 paragraph 11 of the memorandum as follows:

“For hot beds of crisis in Jos, for example, Kwararafa, Abba Na-Shehu, Dilimi, Ali Kazaure, Yan Keke, Rikkos and Gangare we strongly recommend that permanent security outfits be stationed within them to forestall any future break down of law and order”.

That was also the suggestion of Yoruba Community in Jos who in

their memorandum JCI/J/202/2009 suggested therein:

“that one way of attaining peace in Jos is “the construction of permanent security posts in any identified flash point in Jos Metropolis and its environs”.

According to the Community, Kaduna unrest was nipped in the

bud via such strategy. Indeed if there were security posts in the

identified flash points of Jos prior to the crisis of 28 th November,

2008, the crisis would have been effectively monitored and

contained with ease. The absence of such security posts led to an

escalation of the crisis as security forces could not monitor and

check the crisis effectively and promptly. As a matter of fact,

segregative settlements leading to growth of flash points and hot

beds of crisis is not a healthy development. The Yoruba

Community has urged the Government to discourage the

concentration of ethnic or religious group settlement. The

Commission thinks that a complete integration of residents of Jos

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irrespective of their religions or ethnic differences will go a long

way in fostering harmony and peaceful co-existence among them.

CHAPTER FOUR

4.0 Persons or groups of persons or organizations/ institutions directly responsible for the Unrest, their roles and sanctions and Persons/ Individuals, Organizations/Institutions indirectly responsible for the Unrest, their roles and sanctions.

This Chapter deals with the third term of reference of the

Commission which is to “identify individuals, groups of persons and

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institutions directly or indirectly responsible for the Unrest and their

roles in precipitating the Unrest and recommend appropriate

sanctions”. In dealing with these issues, the Commission shall for

ease of reference, divide this term of reference into two broad

headings viz:

i) Individuals, Groups of persons and Institutions directly responsible for the Unrest and their roles in precipitating the Unrest and appropriate sanctions.

ii) Individuals, Groups of persons and Institutions indirectly responsible for the Unrest and their roles in precipitating the Unrest and appropriate sanctions

4.1 Individuals, groups of persons and institutions directly responsible for the Unrest and their roles in precipitating the Unrest and appropriate sanctions.

From the various memoranda submitted to the Commission

and evidence led thereon the following persons, groups of persons

and institutions were alleged by witnesses and presenters of

memoranda before the Commission to be directly responsible for

the Unrest that engulfed Jos North Local Government Area of

Plateau State on the 28th November, 2008. The Commission noted

that some of the names of the alleged culprits given are not full

names, thus making identification difficult. The names as presented

by the witnesses are:

1) Hausa- Fulani Youth2) Dansabe Musa

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3) Madu 4) Mallam Murtala 5) Alhaji Wada6) Ibrahim Gambo.7) Usman.8) Abubakar.9) Awalu10) Dahiru11) Saidu12) Hausa Leaders and Elders 13) Aminu Mato, the ANPP Chairmanship candidate for the local

Government Election held on 27th November 2008.14) Alhaji Auwalu Mai Sugar15) The Police16) Honourable Nazifii Mohammed18) Members of Ulama19) The Mosque located opposite the Seminary gate

and behind the Seminary institution.20) The Mosque before Katoko Bridge and the one at Angwan

Rogo. 21) Mosques located in sarki Mangu and Masallacin Idi22) Muslim youth23) Usman Sanusi24) Ibrahim Haruna25) Alhaji Abdullahi 26) Salisu Kareng27) Ali28) Sheikh Sani Yahaya Jengre, a Muslim Cleric in Jos.29) Alhaji Danladi Pasali, former Chairmanship aspirant for Jos

North ( PDP)30) All Mercenaries, Alimajiris and foreign nationals arrested in the

battle field during the riot.31) The Tudun-Pera Mosque32) Bulbula Mosque33) The Imams of the 2 mosques34) Musa Sati35) Alhaji Musan Sati36) Alhaji Garba Abdulkadi.37) Alhaji Hassan Mohammed38) Alhaji Ali Abubakar39) Alhaji Ado M. Ibrahim40) Alhaji Ado Datti41) Alhaji Sabo I.Kebur

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42) Alhaji Usman Ladan43) Hussaini Paraguay44) Mohammed Sani Mudi45 Alhaji Usman Ibrahim Abubakar 46) Moses Rwang Dung 48) Hon. Abdul Ningi MHR 49) Ahmadu Laushi50) Alhaji Auwalu Yelwa 51) Jama’atul Nasril Islam (JNI), Jos North52) Alhaji Abba53.) Ibrahim Mohammed, National Museum , Jos54) Mallam Idris Abdul 55) Mohammed Usman 56) Alhaji Salihu Mohammed57) Mohammed Adam58) Mallam Hassan Bazza59) Mijin Patu Mai Itace60) Baba Audu Miango61) Baba Maigemu Rikkos62) Buhari (the son of Alhaji Bala).63) Shehu Bala64) Aminu Umar65) Senator Kazaure (a.k.a)66) Abubakar Dashe (Witness)66) Entire Muslim youth residing within the Old Mining Camp . 67) Entire Muslim Elders residing within the Old Mining

Camp.68) Mallam Musa Gwani, the Imam of the small mosque within

the old mining camp.69) Babawo Nakasa.70) Dogon Tonga.71) Bala Scroll Mai Ido Daya.72) Uzu (Youger brother to Shaibu).73) Yusuf Garba.74) Alhaji Garba Bude Ido.75) Tyson Danwasa.76) Dog Dealer of Alhaji.77) Ibrahim Allarama.78) Umaru Aljan.79) Mubarak Isiaku.80) Garba Abubakar.81) Isiaku (Father of Mubarak).82) Murtala Adamu (Mai Gishiri).

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83) Mustaph Mustie.84) Siyaye (Alhaji Ali’s son).85) Ibrahim Danbanga.86) Sheik Bala Dauud.87) Sheik Alhassan Sa’id89) Alhaji Ali (Father to Modibbo Siyaye).90) The Police and the army.91) Tudun Wada Christian Youth Vanguard92) The Berom Youths

4.1.1 Roles of the alleged culprits in precipitating the JosUnrest of 28th November, 2008 and recommendations for possible sanctions.

Having outlined above the persons, groups of persons,

individuals and Institutions alleged to be directly responsible for the

Jos Unrest of 28th to 29th November, 2008, the Commission, shall

hereunder take a critical look at the roles of the various persons,

groups and institutions listed above to determine the extent of their

involvement and thereafter, make appropriate recommendations on

the nature and procedure of the sanctions to be applied in respect

of each of them.

4.1.2 Hausa/Fulani youth

Though no names were given, memorandum JCI/J/22/09

presented by Rev D. A. Ogunlowo and one Mrs Rebecca Adeyemo

representing the First Baptist Church, 43 Adebayo street, Jos dealt

with this group. The witnesses told the Commission that

Hausa/Fulani youth between the ages of 8 and 18 years numbering

about 120 surrounded the Church and threw into it handmade

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explosives into it which exploded and burnt down the structure.

Another half of this number went to the Church’s cybercafé and tried

to force the windows open. When they could not force open the

windows, they set the cybercafé ablaze. The youth also threw

handmade explosives into the Church’s pastorioum and broke its

glasses. They were also said to be chanting among other

utterances:

“kill the infidel, the pastor is an infidel he must not be allowed to live “..........Allahu-Akubar........”

( See pages 1 and 2 of Exhibit JCI/J/22/09/1

Memorandum JCI/J/25/2009 presented by Evangelist Da

Andrew Nyango Dalyop also identified persons.

On pages 9 and 10 of the memorandum (Exhibit JCI/25/09/1)

the witness who testified as Commission Witness No.8 (CW8)

named those persons, he perceives as the perpetrators in Jos

Unrest of 28th November, 2008 in his neighbourhood as:

4.1.3 Mallam Musa Gwani, the Imam of the small Mosque within

the old mining camp, allegedly used loud speakers to mobilise the

youth after 2:00pm prayers declaring Jihad and inciting the youth to

embark on destruction. Mallam Musa Gwani was on the basis of this

allegation against him by C.W8 invited by the Commission to

appear before it on the 22nd July, 2009 to defend himself on this

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allegation. The Commission as well published the invitation in

several National Dailies; of particular note are the Daily Trust

Newspaper, This Day, and the Nigerian Standard amongst others.

However, Mallam Musa Gwani failed to honour the invitation.

Gleaning from the evidence before the Commission, the act of the

Mallam Musa Gwani was quite inciting, more so when it was alleged

that this propelled a lot of youth and elders of the Hausa/Fulani

Muslims to come out en-mass with dangerous weapon thus

unleashing terror on their Christian neighbours. See pages 9 and 10

of Exhibit JCI/J/25/2009/1 and Verbatim Report of the Commission’s

proceedings of 26th February, 2009.

The Commission, therefore recommends that the Mallam

Musa Gwani be investigated by the Police and prosecuted, and if

found guilty, the appropriate sanctions under the law should be

applied.

4.1.4 Abdullahi Hassan Bazza was allegedly the first to start

burning neighbours’ houses within the Community. He was alleged

to have burnt his immediate neighbour’s house on the 28 th day of

November, 2008 and was allegedly seen distributing petrol in his

house to his friends (see page 9 of Exhibit JCI/J/25/2009/1) and

page 2 of the clarification thereon sub titled “Pages 9 and 10, Item

9 - persons/institutions directly involved or responsible’’. Based on

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this incriminating piece of evidence by CW8 against the said

Abdullahi Hassan Bazza, the Commission invited him to appear

before it on the 22nd day of July, 2009 The said Abdullahi Hassan

Bazza was duly served with the invitation and also the same

invitation was published by the Commission in several National

Dailies. It should also be noted that apart from the personal service

of the letter of invitation and publication of same in several

Newspapers and announcements made on Radio and Television,

the said Abdullahi Hassan Bazza to honour the Commission’s

invitation to appear before it to shed light on the allegation against

him. In the circumstance, the Commission is constrained to act on

the evidence before it and resolve that Abdullahi Hassan Bazza

could be the persons directly responsible for the Jos Unrest of 28th

November, 2008. The Commission, therefore, recommends that

Abdullahi Hassan Bazza be investigated in accordance with the due

process by the Police and prosecuted if found culpable and

appropriate punishment be meted to him for his role.

4.1.5 Dan Asabe Musa: In memorandum JCI/J/25/2009,

presented by Evangelist Da Andrew N. Dalyop (CW 8). Danasabe

Musa was alleged to have spearheaded the mob that burnt the

witness’ houses. The said Dan Asabe Musa was invited by the

Commission to appear before it on the 22nd day of July, 2009,

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However, he failed to honour the invitation and so denied the

Commission the opportunity to hear his own side of the story. The

Commission in this circumstances, has only one irresistible option,

that of making use of the best available evidence to it, which in this

case, is that of the sole witness under oath. The Commission in the

absence of any other evidence to the contrary believes that

Dansabe Musa could be one of those persons directly responsible

for the Jos Unrest of 28th and 29th November, 2008. The

Commission, therefore, hereby recommend that the said Danasabe

Musa be investigated by the Police and possibly prosecuted for his

role in precipitating the Jos Unrest of 28th November, 2008 and if

found guilty, appropriate punishment should be meted out to him to

serve as deterrent to others.

4.1.6 Mallam Murtala C.W.8 told the Commission amongst other

things that “Malam Murtala was seen carrying a gun and was

among those arrested by the Police”. In the circumstance, it is the

Commission’s view that since Malam Murtala was arrested by the

Police, the Police should conclude their investigation and if the

investigation is positive, prosecute the said Malam Murtala in Court

for his role in the Jos Unrest of 28th November, 2009 and if found

guilty appropriate punishment be applied to him.

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4.1.7 Alhaji Wada, Ibrahim Gambo, Mallam Usman Saidu and

Alhaji Abubakar: C.W.8 mentioned the names of the above named

persons and alleged that they were principal instigators of the

Unrest of 28th November, 2008 but did not say what they did that

amounted to instigating the Unrest except that in the case of Alhaji

Abubakar, the witness said he was seen carrying a riffle.

The Commission wishes to emphasise here that all the

persons mentioned above were all, after careful review of the

allegations against them, invited to appear before the Commission

to clarify and or present their own side of the story in rebuttal of the

allegations against them. They failed to honour the invitation to

appear before the Commission. Nevertheless, after a careful

consideration of the serious allegations against Alhaji Wada, Mallam

Usman and Ibrahim Gambo who were described by the witness as

principal instigators. The Commission feels they should be

interrogated by the Police.

However, in respect of Alhaji Abubakar referred to above,

who was also alleged to be a principal instigator of the Unrest and

was allegedly seen carrying a riffle, the Commission notes with

great displeasure, his refusal to appear before it to defend himself

against such an allegation. Under the Nigerian Criminal Law, illegal

possession of firearm, a rifle in this case, is an offence unless such

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a person in whose possession a gun is found to be licensed to carry

it. The questions is, was Alhaji Abubakar licensed to carry the riffle

he was allegedly seen with by the witness. If the answer is in

affirmative, for what purpose was the license issued? Why was he

carrying the gun as of the time of the Unrest? However, if he was

not licensed to carry such gun by the relevant authorities, how did

he come to be in possession, where did he get the riffle from and

what was he doing with it at the time in issue? These are some of

the questions begging for answers. The Commission therefore, is of

the view that the said Alhaji Abubakar be investigated by the Police

and prosecuted and if found guilty should be duly punished.

4.1.8 Nasiru Sani PHCN Agent. He was alleged to have been

carrying a locally made pistol during the Unrest and was invited to

appear before the Commission to rebut the allegation himself. His

name was accordingly listed on the cause list among witnesses to

appear before the Commission on the 22nd July, 2009 but he failed

to appear before the Commission. The evidence of CW8 against

Nasiru Sani PHCN Agent is direct. Nasiru Sani was seen carrying a

locally made pistol during the Unrest. The Commission therefore

recommends that he should be invited by the Police, investigated

and prosecuted for his role in precipitating the Unrest.

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4.1.9 The Entire Muslim Youth residing within the Old Mining

camp were alleged by the witness in Exhibit JCI/J/25/2009/1

(C.W.8) to have started the mayhem within the witness’ Community

and of burning of Christian houses within the area. The Police

should interrogate those of them that were specifically identified and

mention and in the process identify more of those who played a

negative role in the Unrest.

4.1.10 The Entire Muslim elders residing within the old mining

camp. This group is said to have instigated and incited the youth to

embark on destruction. The witness’ reasoning was that the

Muslim Elders residing within the Old Mining Camp instigated and

incited their youths to carry out the destruction of the Christians’

property within their neighbourhood with the hope that same would

be sold to them in the end. He based this on an earlier experience

within the neighbourhood, when following the construction of the

large Mosque in Albayan private school which became an

inconvenience to the Christians of the area because the Muslims

would block the road leading from Duala Hotel through former Army

Barracks football pitch on Fridays during prayers. This coupled with

fears of insecurity of their lives and loved ones, some Christians

were compelled to sell their property to Hausa/Fulani Muslims and

evacuate the area to safer places. The witness gave instances of

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such Christians who were compelled to sell their houses and

relocated to other places to include one Mr.Miskom A.D Sule, Mr.

Lawrence, Mr. Patrick Okonkwo and Baba Ma’aji amongst others.

See page 8 of Exhibit JCI/J/25/2009/1. This piece of evidence was

corroborated by several other witnesses who testified before the

Commission, and told the Commission that immediately after the

Unrest of 28th November, 2008, their Hausa neighbours bombarded

them with telephone calls requesting them to sell the remains of

their burnt/ destroyed houses to them. Of particular note is the

evidence of Mr. James Olukayode Obaleye who testified as CW170

in memorandum JCI/J/217/2009 on the 15th day of July, 2009. This

Witness told the Commission in his memorandum he presented

before the Commission and tendered in evidence as Exhibit

JCI/J/217/2009/1 and his oral evidence that he had received several

calls from his Hausa/Fulani neighbours to sell his house at B4 “A”

Laranto behind St. Augustine Monastery, Katako, Jos to them but he

refused. According to him, his refusal to do so led to the burning of

his house by his Hausa/Fulani Muslims neighbours after the Unrest.

See pages 2 and 3 of Exhibit JCI/J/217/2009/1. Also see pages 4 of

Exhibit JCI/J/160/1-being presentation by the Izu Umunna Cultural

Association, Jos and 5 - 6 of Exhibit JCI/J/127/2009/1 being a

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presentation by the Igbo Community Association (I.C.A) Jos to this

effect.

The Hausa Leaders, elders and youth of the neighbourhood

were also mentioned as being responsible for the Jos Unrest of 28th

November, 2008.

The witness told the Commission that all the persons

mentioned, both young and old came out en-mass with various

dangerous weapons against their Christian neighbours. The witness

had this to say:

“…around 2:00pm all we could hear from the loudspeakers was “Matasa da jama’a ku fito Jihad, kuma Allah zai yi maku albarka” meaning “youth come out and fight Jihad,God will bless you.”. What we saw was better imagined than said, because it was a mob of both youth and the aged, well armed carrying machetes, axes, cutlasses, containers of petrol and guns, while chanting “Allah –hu -akbar, za mu ji ma arna, Jos ta Arewa namu ne”, “sabuwa da kaza bata hana yanka” .... ......meaning “we are going to kill the infidels (pagans), Jos North is our own, being familiar with the chicken does not prevent it from slaughtering”.

See Verbatim Report of the Commission proceedings of 26th

February, 2009 and also page 5 of Exhibit JCI/J/25/2009/1). From

this direct evidence before the Commission, it is clear that these

groups of persons were some of those persons who precipitated the

Jos Unrest of 28th November, 2008 and thus should be held

responsible for the Unrest. The Commission is however,

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handicapped as no specific names of the youth and Hausa/Fulani

elders were given by the witness to enable it act appropriately. The

Commission however recommends that the Hausa/Fulani Muslims

elders and youth of the neighbourhood should be closely watched

and monitored by security agents, particularly the Police and the

army to forestall future break down of law and order in that

neighbourhood.

4.1.11 Tudun Wada Christian youth vanguard and muslim youth

The Tudun Wada Christian Youth Vanguard and Tudun Wada

Muslim Youth were mentioned in memorandum JCI/J/158/2009

presented by Adamu M .Yusuf. The memorandum was presented

by its maker, Adamu M. Yusuf and he testified as Commission

witness No 33(CW33). In pages 1 and 2 of this Exhibit, the witness

mentioned the Tudun Wada Christian Youth Vanguard and Muslim

Youth of the Tudun Wada as some of the groups of persons directly

responsible for the Jos Unrest of 28th - 29th November, 2008.

The witness, in the same page 1 of Exhibit JCI/J/158/2009/1

alleged that his house on plot No.TW.608 TA was set ablaze by

Christian Youth Vanguard on Saturday,29th November, 2008.

Similarly, on page 4 of the Exhibit, the witness alleged that the same

Christian Youth Vanguard set fire on one Alh. Moh’d Wadata’s

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Bakery, a neighbour of his. He also alleged that they were fully

armed with dangerous weapons. In his words, the witness said:

“ the Christian Youths Vanguard took advantage of it, crossed over the secretariat’s fence which is not high for criminals jumping over. They advanced forward through the Church premises and rocky spaces by overpowering the Muslim Youths and set fire on Alh.Moh’d Wadata’s Bread Bakery, also a close neighbour. They were fully armed with dangerous weapons: such as Dane –gun, Bow and Arrow, cutlasses, stones etc.”

For the Muslim Youths, the witness alleged on page 2 of Exhibit

JCI/J/158/2009/1 that the Muslim Youths were out destroying and

burning houses of their Christian neighbours. The witness stated

thus:

“information reached me that Muslim Youths were out destroying and burning houses of our Christian neighbours . I rushed out and pleaded with them that whatever happened, our non -Muslim neighbours were innocent. One of them pushed me aside and made uncomplimentary remarks in Hausa that “kai tsohon banza, don Allah bamu wuri .Kai ba ka gani an kone naka Massalaci da Gidajen Muslimai ba? Kai an naka ai” (Meaning- You useless old man, please give us chance. Don’t you see our Mosque and Muslim houses have been set on set ablaze? Your own house too will be set on fire”)’’.

The Commission observes that in Exhibit JCI/J/158/2009/1

and the oral testimony of the witness, not a name out of members of

Christian or Muslim Youth was mentioned. What is more worrisome

is the fact that during his oral testimony, the witness told the

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Commission that there is no group in Tudun Wada known as

Christian youth vanguard but that he used the phrase because on

the day of the incident, the youth were in groups. In the

circumstance, even if the Commission finds that these youths

played a role in the Jos Unrest of 28th November, 2008, there is

nothing much the Commission can do as full and detailed

particulars in respect of members of these youth have to be placed

before the Commission to enable it have them investigated.

However, the Commission is of the view that in order to forestall

future break down of law and order in that neighbourhood, the Youth

of the neighbourhood as a whole should be closely monitored by

security operatives and the Police.

4.1.12 Albayan Islamic private school and mosque.

CW 8 while presenting Exhibit JCI/J/25/2009/1 alleged Albayan

Islamic Private School was directly responsible for the unrest.

According to the witness, gunshots were fired from the premises of

this School, and this attracted the attention of some Christian youth

who were on their way to Angwan Rukuba from Chwel-Nyapto to

seek refuge. They confronted those who fired the shots and this led

to a fight. The fight was probably what lead to the death of five

pupils of the school as indicated in the evidence of W.C195 who

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presented of Exhibit JCI/J/147/2009/1, memorandum of the Human

Rights Watch.

From this evidence, the alleged firing of gunshots from the

AIbanyan Islamic private school and mosque triggered off the

Unrest within the vicinity of the school as the witness told the

Commission that upon hearing the gunshots, the Christian youth

who were passing by the school “turned and faced those who fired

the gunshots”. However, the level of destruction done to that school

and number of lives lost as indicated in Exhibit JCI/J/147/2009/1

seem to indicate that the volume of attack on the school was

considerable.

It is the Commission’s view that this allegation of gunshots

and the activities of the “Christian youth who were passing by the

school” should be seriously investigated by the Police and if found to

be true, the persons who were involved in this fierce battle should

be arrested and prosecuted for their roles in precipitating the Jos

Unrest of 28th November, 2008.

4.1.13 Bala and Auwalu of Rusau Village, Jos: The memorandum

JCI/J/79/2009 of Haske Women Association, Rusua Village, Jos

North Local Government Area, Plateau State was presented on

behalf of the Association by Mrs. Kate Okoye a member of the

Association, who testified as Commission witness No.42 (CW.42).

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Although the witness did not state the name of anybody in their

memorandum as directly or indirectly responsible for the Jos Unrest

of 28th November, 2008, persons affected by the crisis who were

called to testify in the memorandum mentioned the names of the

following as being responsible for the Unrest:

i) Mrs. Evelyn Osai one of the women affected and an eye-witness called by CW 42 told the Commission that one Bala came to look for her children to kill and later set her house ablaze.

ii) Awalu was identified by Mrs. Binta John as the killer of her husband, Mr. Timothy John,

The Commission upon the application of Mrs Kate Okoye

ordered that these persons be invited to appear before the

Commission. They were so invited but they failed to appear before

the Commission to defend themselves against these very grave

allegations. Since they failed to appear before the Commission, the

Commission has no choice but to rely on the direct and first hand

evidence of the eye witnesses and hold that the said Bala of Rusau

village and Awalu formerly of Rusau village, Jos, but now in Jagindi,

Kaduna State, were most probably some of the persons directly

responsible for the Jos Unrest of 28th November, 2008 as they

actively participated in the burning of innocent people’s properties

and callously killing innocent people. The Commission, therefore,

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recommends that they be identified and arrested by the Police and

the matter investigated and charged to court for the offence of

culpable homicide and arson and if found guilty, maximum

punishment for such of offences should be applied.

4.1.14 Suspects based in Gangere: Memorandum JCI/J/106/2009

– The Afizere Cultural and Community Development Association

(ACCDA) National body. This memorandum was presented by

Atang Izam Atang, the National President of the Association. In

tackling the issues of identifying the persons, groups of persons and

institutions responsible for the Jos Unrest of 28th November, 2008,

the writers of the memorandum identified on pages 14–15 of Exhibit

JCI/J/106/2009/1 the following groups and organisations as being

responsible for the Unrest of 28th November, 2008. The presenters

mentioned on page 15:

i) Group of hoodlums armed with guns, cutlasses, machetes, iron bars, heavy sticks etc chanting “Allahu Akbar.........” but did not identify any person by name as a member of this group

ii) A group from Gangare, but nobody was identified as belonging to this group.

iii) Some Mosques which used loud speakers to mobilize the rioters and encouraged and directed them to surge forward and attack the “arnas (infidels) and calling “jihad” ( holy war) etc.

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However, the presenters did not give the names of these

Mosques or those of their Mallams. In this regard, the Commission

is not in a position to act in anyway. There are so many Mosques

and Imams in Jos, and they cannot all be taken as suspects. If the

presenters had wanted the Commission to act on this matter they

could have supplied details to assist the Commission. The

Commission wishes to recommend that all the Mosques and their

Imams and youth in that neighbourhood and all their activities be

closely monitored by security operatives to avert any future break

down of law and order in that neighbourhood and its environs.

4.1.15 Sikiru Panel Beater, Nuru Carpenter and Baba Audu

Miango

Memorandum JCI/J/115/2009 by Kauna Baptist Church

Rikkos, Jos. This memorandum was presented on behalf of the

church by Rev. Elisha Fom Jugu, who testified as Commission

Witness No.65 on the 2nd day of April, 2009. On page 6 of Exhibit

JCI/J/115/2009/1, the following persons among others were

identified as being responsible for the Jos Unrest of 28th November,

2008:

i) One Sikiru a Panel Beaterii) Nuru, a carpenter in Rikkosiii) Baba Audu Miango.

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From the memorandum and oral evidence thereof, the witness

stated that on the morning of 29th November, 2008, Sikiru came with

the others and burnt the Church. Nuru Carpenter in Rikkos was

also identified by the eye witness as one of the persons that burnt

down the Church. See pages 6 and 7 of the memorandum and

pages 3 and 4 of the verbatim report of 2nd April, 2009. These

persons were duly invited to appear before the Commission to

defend themselves but failed to appear. The Commission is of the

view that these individuals should be identified by the Police, the

allegations investigated and charges proffered where applicable.

4.1.16 Buhari and Kabiru:

Memorandum JCI/J/141/2009 by Messrs Noah and Nathaniel

Ayoola and Madam Alice Ayoola of Rijiya Tara, Rikkos behind

NIXEA, Jos North. The Memo was presented by Mr. Noah

Oloyewole Ayoola, who testified as Commission Witness No.66

(CW66) on behalf of all the presenters, on the 2nd day of April,

2009. The witness on page 3 of Exhibit JCI/J/141/2009/1 identified

the following persons as responsible for the Unrest of 28th – 29th

November, 2008:

i) One Buhari, the son of Alhaji Babaii) One Kabiru, an Okada rider

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These two persons are known personally to the witness of the

memorandum and were said to be their immediate neighbours.

Having heard directly from the presenter who saw these persons

and identified them, the Commission then invited the said Buhari

and Kabiru to appear before it to rebut the allegations against them,

but they failed to appear and since the evidence against them is

strong and yet undisputed, the Commission hereby recommends

that they be identified, arrested, investigated and prosecuted for

their role in precipitating the Jos Unrest of 28th November, 2008.

4.1.17 Groups of Hausa / Fulani Muslims .

Memorandum JCI/J/130/2009 by The Evangelical Church of

West Africa (ECWA), Nasarawa Local Church Council, Jos District.

This memorandum was presented on behalf of the Church by one

Mr Joshua Chuwang, a pastor of the Church. In page 12 of the

Exhibit JCI/J/130/2009/1, the witness identified those who were

responsible for the Jos Unrest of 28th November, 2008 as the

Hausa/Fulani Muslims (See page 12 of Exhibit JCI/J/130/2009/1).

According to the witness these people came shouting “Allahu

Akubar, Allahu Akubar” and saying “come out for Jihad, “let us kill

the arna (infidel)”. Since no person is specifically mentioned as one

of the Hausa Fulani youths, there is little the Commission could do

here to identify the alleged persons.

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4.1.18 Alhaji Ibrahim Dasuki Nakande and Alhaji Ismaila

Mohammed.

Many memoranda presented before the Commission and the

witnesses who testified in respect of these memoranda mentioned

Alhaji Ibrahim Dasuki Nakande and Alhaji Ismaila Mohammed as

persons directly and/or indirectly responsible for the Jos Unrest of

28th November, 2008. These memoranda include but are not limited

to the following:

(i) Memorandum No JCI/J/139/2009 presented by the Anaguta

Community:

This memorandum on page 21 mentioned the fact that “the

Hausa have always been the perpetrators of the crisis in Jos North”.

Though no mention was made of specific persons, groups of

persons or individuals in the memorandum, presenter of the

memorandum and Commission witness No. 6 Mr. Pius Gimba while

being examined in Chief by Lead Counsel to the Commission and

cross examined by other Counsel mentioned the following persons

as being sponsors of and responsible for the Jos Unrest of 28th

November, 2008.

i) Ismaila Mohammed and,

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ii) Dasuki Nakande, amongst other persons.(See Verbatim Report of the proceedings of the Commission on 25th

February, 2009).

According to the witness, these men were mentioned

because of their comments and utterances in media and public fora

which are very inciting and derogatory. Furthermore, the witness

also told the Commission that these men are leaders within the

Hausa/Fulani Community and should be held responsible for the Jos

Unrest of 28th November, 2008. The witness went further to tell the

Commission that Ismaila Mohammed and Dasuki Nakande are the

ring leaders of the Unrest in Jos.

(ii) Memorandum JCI/J/154/2009 by Confederation of Plateau

State Youth Movement was presented by Iliya Gokum Lar on behalf

of the Confederation. On page 21 of memorandum JCI/J/154/2009

(Exhibit JCI/J/154/2009/1), the witness stated they are sure that

Ismaila Mohammed who is one of the spoke men of the Hausa

Muslims in Jos can help the Commission to unravel the mystery of

Jos Unrest of 28th November, 2008. On page 30 of their

memorandum, the witness urged that the said Ismaila Mohammed

should be arrested and prosecuted.

The presenter and the witnesses who gave oral evidence on their

behalf pointed out Ismaila Mohammed amongst others as the

person responsible for the Jos Unrest of 28th November, 2008

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because of his inflammatory utterances and comments before,

during and after the Unrest. The witness cited in particular, the

interview granted by Nakande to the Daily Trust Newspaper and

published on the 26th day of November, 2008. This oral testimony of

C.W.5 is contained in the Verbatim Report of Commission

proceedings of 25th February, 2009, where the witness stated the

reason for saying that Nakande and Ismaila Mohammed were

responsible for the Unrest. See Verbatim Report of the said 25th

February, 2009. The Daily Trust Newspaper of Wednesday, 26th

November, 2008, where the witness alleged that the inflammatory

and inciting interviews were granted by Alhaji Dasuki Ibrahim

Nakande was tendered as Exhibit JCI/J/154/2009/3, while The

Vanguard Newspaper of Monday,16th March, 2009, where Alhaji

Ibrahim Dasuki Nakande granted an Interview titled “Our grouse

against Governor Jang” was also tendered and admitted in evidence

as Exhibit JCI/J/154/2009/5 respectively.

(iii) Memorandum JCI/J/76/2009 presented by P.D.P, Plateau

State chapter. The memorandum tendered and admitted as Exhibit

JCI/J/76/2009/1 was signed and presented on behalf of the party

P.D.P, Plateau State Chapter by its State Secretary, Daniel Dakim.

The witness on page 5 of the Exhibit mentioned amongst others,

Alhaji Samaila Mohammed as one of the persons to be invited by

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the Commission to clarify the statement he allegedly made in some

National Dailies that “the violence in Jos is an indication of the fact

that some people do not have the right to protest”.

(iv) Another memorandum and oral evidence, led thereon naming

these two men is in memorandum JCI/J/73/2009 presented by Du

Youth Movement. This memorandum was presented by Rwas

Chuwang Gyang on the 31st day of March, 2009 on behalf of the

Movement. Mr. Rwas Chuwang Gyang, testified as Commission

Witness No.53 (CW53). On page 18 of the said Exhibit

JCI/J/73/2009/1, the witness mentioned the role of Alhaji Ibrahim

Dasuki Nakande and made particular reference to the comments

attributed to him (Nakande) in some National Dailies. To buttress

this allegation, the Witness attached The Sunday Vanguard of 11th,

January, 2009, page 45 titled “THE SUNDAY PERISCOPE” where

the Interview titled “Our grouse against Governor Jang” granted by

Alhaji Ibrahim Dasuki Nakande was published as Appendix VI. This

Appendix was subsequently tendered and admitted in evidence as

Exhibit JCI/J/73/2009/6

(v) Memorandum JCI/J/28/2009 submitted by Mwaghavwul

Development Association, Jos Branch also alleged that Ibrahim

Dasuki Nakande and Hon. Ismaila Mohammed were among the

persons directly responsible for the Jos Unrest of 28th November,

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2008. This memorandum was presented by one Hon Mape, the

Chairman of the Association on the 26th day of February, 2009. Hon.

Mape testified as Commission Witness (CW9) and stated on page 8

thereof that:

“During the tenure of Samaila Mohammed as Chairman, Jos Local Government Area, he came with certain policies that provoked the entire Anaguta and other indigenes ..........He also bastardized the issuance of indigene Certificates to such an extent that non indigenes were able to obtain the Certificates..............”

In answer to cross examination by a counsel, one Ali Aku

Esq., the witnesses admitted that since Samaila Mohammed

bastardized the issuance of indigeneship Certificate, he was part

and cause of the problem. See Verbatim Report of the

Commission’s proceedings of 26th February, 2009 to this effect.

(vi) Memo JCI/J/137/2009 PDP Elders Northern Zone Forum

Plateau State. The memorandum was presented on behalf of the

Forum by Doctor Jonah Madugu. At page 16 of the memorandum

(Exhibit JCI/J/137/2009/1), the witness identified Honourable Ismaila

Mohammed (Member Federal House of Representatives) and

Honourable D.S. Nakande (former Federal Minister of State for

Information and Communication) as persons directly responsible for

the Jos Unrest of 28th November, 2008:

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There was further testimony to the effect that these named

individuals were responsible for the Jos crisis of the 7th September,

2001 and referred the Commission to the Report

The Commission, after reviewing the gravity of the allegations

against these two men from several memoranda presented before it,

felt it was very necessary and important and in the spirit of fair

hearing, that these men be invited to appear before the

Commission to present their defence. The Commission thought that

there was need for these men to appear before it to rebuff the

allegations therein. This was further strengthened by the fact that

numerous memoranda and oral evidence presented before the

Commission alleged that they were to be held responsible for

inciting and provocating, precipitating and sponsoring the Jos Unrest

of 28th November, 2008.

In view of the serious and grievous allegations made against these

two men, the Commission also decided to thoroughly read the

Reports referred to above to establish the credibility or otherwise of

the allegations against them. Alhaji Ibrahim Dasuki Nakande and

Ismaila Mohammed were specifically invited to appear before the

Commission on the 20th day of July,2009.

The Commission, from the totality of the evidence before it, as

highlighted above, found as a fact that there is a lot of

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misinformation and distortion of facts peddled in the interviews by

Alhaji Ibrahim Dasuki Nakande, which is unbecoming of a man of

his status in the society. One wonders what was the motive of Alhaji

Ibrahim Dasuki Nakande for peddling so much misinformation and

distortion of facts on the Jos Unrest of 28th November, 2008

The Commission has carefully perused the excerpts of the

interview granted by Ibrahim Dasuki Nakande tilted “Our grouse

against Governor Jang” as published in Exhibit JCI/154/2009/5 and

compared it with other evidence presented before the Commission

and found that all the facts represented therein by Alhaji Ibrahim

Dasuki Nakande, particularly the fact that Governor gave an order of

shoot on sight and as a result:

“the people who were not rioting but simply demonstrating their displeasure over perceived ways and means being devised by the State Government who wanted to rig an election were killed and that the action taken was not to scare but to kill and it was an act that was carried out to the letter”

is nothing but complete falsehood and great misinformation and

misrepresentation of facts. The stand of the Commission is borne

out of the fact that there is no evidences that the Governor gave any

shoot-at-sight order and also “the people”, who Ibrahim Dasuki

Nakande said “were simply demonstrating were actually rioting and

carrying dangerous weapons such as guns, cutlasses, bows and

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arrows, knives, petrol and dealing death and destruction with lives

and property of non Hausa/Fulani people.

The Commission therefore recommends that Alhaji Ibrahim

Dasuki Nakande and Alhaji Ismaila Muhammed should be

thoroughly investigated by the Police.

The Commission is of the view that the utterances of these

two men are capable of igniting more crises in the future.

4.1.19 Alhaji Auwalu Mai Sugar

Memorandum JCI/J/109/2009 presented by the Izere (Jarawa)

concerned Daughters of the Afizere Chiefdom of Jos North and Jos

East Local Government Area, Plateau State which memorandum

was tendered and admitted in evidence as Exhibit

JCI/J/109/2009/1 mentioned one Alhaji Auwalu Mai Sugar as one of

the persons directly responsible for the Unrest. The said Alhaji

Auwalu Mai Sugar was alleged in paragraph 5, page 18 of Exhibit

JCI/J/109/2009/1 to have armed himself, stood on his balcony and

was shooting indiscriminately at passers-by and even into the

vicinity of the Church. However, moves to serve the said Alhaji

Auwalu Mai Sugar to appear before the Commission to defend

himself revealed that he is now deceased.

4.1.20 Ring of “Mercenaries”

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Other groups mentioned in Exhibit JCI/J/109/2009/1 is a

convex ring of mercenaries and internal collaborators in Gangare,

Yanshanu and Filin Ball. Although these groups were mentioned by

the witness, the witness did not state specifically what roles were

played by them, and neither were any names of such “mercenaries”

or their internal collaborators mentioned to enable the Commission

recommend any further proper investigation of the allegations.

4.1.21 Mijin Patu Alale and two others

Memorandum JCI/J/111/2009 by Izang Ayana Arin was presented

by Iki Atsen Arin on behalf of the maker. The witness of the

memorandum on page 1 made reference to a neighbour of his, one

Hausa man who came to his house shortly before the Hausa youth

descended on him and his house. On page 3 of Exhibit

JCI/J/111/2009/1, the witness further mentioned the following

persons as persons directly responsible for the Jos Unrest of 28th –

29th November, 2008:

i) Mijin Patu Alale,

ii) One truck driver who lives in the same house with Abu,

iii) One Alhaji Abdullahi who was shouting “Ku kashe arna ku kone gidajeusu”. (meaning “kill the infidels, and burnt their houses”).

These persons attacked the witness of this memorandum,

burnt his house, cut off his left wrist and took it away leaving him for

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dead. Application was made by A.A. Madaki Esq., Counsel

representing the witness to invite the persons mentioned in the

Exhibit JCI/J/111/2009/1 to appear before the Commission to

explain their role in the Jos Unrest of 28th November, 2008 and the

application was granted. The suspects were accordingly invited to

appear before the Commission to defend themselves but they failed

to appear. The Commission recommends that they should be

arrested and the matter investigated by the Police on the complaint

of the witness and charged to court for causing grievous bodily

injury and arson if the allegation is substantiated

4.1.22 Okasha and Tanko

Memorandum JCI/J/112/2009 was written and submitted to

the Commission by Mrs Rahila Goyol of Kauna Baptist Church,

Rikkos, Jos. Mrs Rahila Goyol came to the Commission to present

her memorandum but was read by one Mrs Juliana Pyantu on

behalf of Mrs Rahila Goyol who was too emotional to read same.

Her husband and three sons were killed during the Unrest by the

suspects and their collaborators. Mrs. Goyol said her husband and

her three children took refuge in the house of Baba Maigemu their

neighbour, but the Hausa/Fulani Muslim Youth who looted the

property in their house and burnt same and later went to the house

of Baba Maigemu and killed her husband and the three children.

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Mrs. Goyol said the Hausa/Fulani Muslim youth had beaten Baba

Maigemu and threatened to kill him before they eventually

overpowered him and kill her husband and her three children.

Mrs. Goyol said the suspect one Okasha was the person who

disclosed to the Hausa/Fulani Youth the whereabouts of her

husband and her three children because he saw her husband and

the three children when they entered the house of Baba Maigemu.

As for Tanko, Mrs Goyol saw him together with the Hausa/Fulani

Youth armed with long knives on the day of the Unrest but when the

saw the Policemen who came to patrol the area, they quickly hid

their knives.

The Commission is of the view that since there is direct

evidence of an eye witness against Okasha and Tanko, they should

be identified and interrogated by the Police and charged to court if

there is sufficient evidence against them.

4.1.23 Usman Sanusi and 4 others

Memorandum JCI/J/114/2009 by Iki Atsen Arin, Rahila I. Arin

and Lami A. Arin all of Rikkos New Layout , Jos. This memorandum

was presented on behalf of all the makers by Iki Atsen Arin on the

18th day of March, 2009. He testified as Commission witness 22

(CW22). The witness on pages 4 and 10 of the memorandum

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identified the following persons as responsible for the 28th

November, 2008 Unrest:

i) Muslim youthii) Usman Sanusiiii) Ibrahim Harunaiv) Alhaji Abdullahi v) Salisu Abdullahivi) Ali

All these suspects were invited to appear before the

Commission on the 22nd day of July, 2009 to respond to the

allegations labelled against them. Notices to this effect were

personally served on them. Unfortunately, they refused to appear

and defend themselves of these allegations. The witness who

testified was at the scene of the incident, and he saw when one of

the suspects, Usman Sanusi was among those who macheted,

stoned and eventually killed his brother, late Peter Ibrahim Arin. He

also saw the same Usman Sanusi when he entered their compound

through their fence with a machete strapped to his waist and gave

false assurance that he, Usman Sanusi, would not allow anyone to

harm them . The witness also overheard the same Usman Sanusi,

when he was telling people inside Alhaji Abdullahi’s house that there

were still people in the witness’ house and further heard the

response of Alhaji Abdullahi when he told Usman Sanusi that he

should leave them there so that they could kill them (i.e. the Witness

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and other people in the house with him) in the evening. See pages

2, 3 and 4 of the memorandum

From the totality of this evidence against these persons -

Usman Sanusi, Ibrahim Haruna, Alhaji Abdullahi and Salisu

Abdullahi, should be identified by the Police, investigated and

prosecuted for arson, murder and conspiracy to commit murder and

if found guilty, appropriate punishment for the offences be applied.

As for “Muslim youth of Rikkos, the Commission finds it difficult to

accuse the entire youth of area. However, if identified culprit should

further mention any other person not included here, such a person

should also be investigated and prosecuted.

4.1.24 The Nigerian Police

The Nigerian Police was accused by many presenters of

memoranda before the Commission and numerous accusations

were levied against the them for failure to respond promptly to

curtail and contain the Jos Unrest of 28th November, 2008. There

were also allegation of arbitrary killings . Some of these Memoranda

are:

(i) Memorandum NO.JCI/J/160/2009: This memorandum was

submitted by Izu Umunna Cultural Association, Jos and it was

presented on the 18th of March, 2009 by Ikechukwu Tony

Egwuonwu, 2nd Deputy President (I.U.C.A), Jos on behalf of the

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Association. He testified as Commission witness No.25 (CW25). On

page 5 of memorandum JCI/J/160/2009, the witness made a plea to

the Commission

“to find out if there was diligence in the performance of duties and functions by the Federal Government, State Government, the Police, the Army and other security services amongst others and to recommend adequate punishment for dereliction of duties”. In his oral evidence, the witness told the Commission inter alia

that the Police failed to perform their duties which are to safe guard

lives and properties as they failed to respond to distress calls from

people during the time of the Unrest. To be specific, in the Verbatim

Report of the 18th day of March, 2009, the witness said this:

“in this State, people will make distress calls to the Police even at 2:00a.m - 3:00 am and the Police will not come. The crisis only stopped when the Soldiers entered.

Thereafter, the witness said the Police should be held

responsible since they cannot do their work.

(ii) Another memorandum that came down heavily on the Police is

memorandum JCI/J/25/2009 presented by Evang. Andrew N.

Dalyop. The memorandum was presented on the 26th day of

February, 2009 by Evangelist Da Andrew Dalyop who testified as

Commission Witness No .8 (CW8). At page 2 of the memorandum,

the witness stated among other things that:

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“after the election on Thursday, 27th November, 2008, meeting was held in the evening amongst representatives of the Christian and Muslims factions within Dogon Dutse Community.”

Thereafter, the witness and one A.S.P Monday Davou (Rtd.)

alongside Alhaji Isa Mohammed and Alhaji Bashiru Jibrin among

other persons were delegated to meet the D.P.O of Nassarawa

Police station to brief him of their willingness to come together and

protect their Community in event of any crisis. The witness then

went on to tell the Commission that the D.P.O assured them of his

cooperation and willingness to protect their neighbourhood to

ensure that there was no break down of law and order in the

neighbourhood. This implied that the Police in that neighbourhood

knew before hand that there was the possibility that there might be

problem in that neighbourhood. However, the D.P.O. and the entire

Police within the neighbourhood did nothing to avert the Unrest that

engulfed the area on the 28th days of November, 2008. The witness

also state in page 4 of Exhibit JCI/J/25/2009/1, that when the crisis

erupted , the same D.P.O could not be reached and the people

were left at the mercy of their rampaging Hausa/Fulani Muslim

attackers. Their plight, was further worsened by the fact that the

Policemen they met at station when they went for help told them that

there was nothing they could do as the matter was out of their

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control. In his oral evidence, the witness reiterated his statement in

Exhibit JCI/J/25 /2009 /1. The witness told the Commission that

before the crisis, they reported to the DPO in Nassarawa Gwong

and the Police therefore, knew that there was likelihood of a break

down of peace. See the oral testimony of the witness in the

Verbatim Report of the proceeding of the Commission for 26th

February, 2009.

(iii) Memorandum JCI/J/38/2009, presented by the Middle Belt

Forum, Plateau State Chapter, Jos, Nigeria is another memorandum

that questioned the role of the Police, particularly, the Nassarawa

Gwong Police Station. The memorandum was presented by Mr.

Samuel Bulus Dawang, who testified as Commission witness No.95

(CW95) on behalf of the Forum. The Witness in his oral evidence

told the Commission that prior to the day of Local Government Area

Councils elections of 27th November, 2008, the members of his

Community and himself noticed an unusual and unprecedented

influx of strange persons posing either as water vendors, shoe

shiners etc into Jos and some rural areas like his area, Kinga Village

Naraguta. He added that when they noticed such influx of strange

persons and vehicles into the town particularly in their area, they

reported the matter first of all to the Police out-post in their area,

Naraguta. The witness also told the Commission that when the crisis

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erupted, all their efforts to get the Police to come to their rescue

proved abortive and requested that the Police be invited to give

explanations for their attitude during the Unrest. See the Verbatim

Report of the Proceedings of the Commission of 8th April, 2009 for

the details of his testimony.

(iv) Memorandum No. JCI/J/132/2009 - This memorandum was

presented by Jesus Total Liberation Mission, Jos. It was heard by

the Commission on the 18th day of June, 2009 with Rev. Godwin

Okeke, Senior and the Presiding Pastor, testifying on behalf of the

Church as Commission witness No.113 (CW113). The witness at

page 4 stated that the Jos Unrest of 28th November, 2008:

“was also aided by the security lapses from the security operatives in the State”.

He gave an example of the failure of the Police to help him

when he reported to them, particularly, the Police patrol team he

met on his way along Zaria Road and told them about what was

happening to his Church, and requested for their intervention.

According to the witness, the Police did not give him any attention

and at the end, his church was completely destroyed by the Hausa/

Fulani Muslim youth attackers. Further more, in his oral evidence

the witness confirmed what he had written in Exhibit

JCI/J/132/2009/1 when he told the Commission that:

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“around 11:00 O’clock, I stopped them and told them what happened and if they could go there but none of them paid any attention.”.

(v) Memorandum NO.JCI/J/131/2009 by The Redeemed Peoples

Mission, Jos, Plateau State. This memorandum came up for hearing

before the Commission on the 16th day of July, 2009 and was

presented on behalf of the Mission by one Rev. Vincent Nwachil,

who testified as Commission witness 182 (CW182). The Church

stated on page 1 of the memorandum:

“some of the miscreants were putting on Police and Military uniforms as they unleashed terror by killing and injuring innocent citizens”.

(vi) Memorandum JCI/J/147/2009 - Human Rights Watch. This

memorandum was presented by one Eric Guttschuss on behalf of

the Human Rights Watch on the 20th day of July, 2009 and it was

tendered and admitted in evidence as exhibit JCI/J/147/2009/1. He

testified as Commission witness 195 (CW195). In Exhibit

JCI/J/147/2009/1, Human Rights Watch accused the Police and

particularly, the Mobile Police (MOPOL) of arbitrary killings and

strongly urged that these allegations be investigated. At page 1 of

Exhibit JCI/J/147/2009/1 Titled “SUMMARY”, the witness stated

inter alia that:

“in responding to the inter-communal violence, the Nigerian Police ...............were implicated in more than 130 arbitrary killings, mostly of young Muslim men from the Hausa/Fulani ethnic group.........”.

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and thereafter, proceeded to urge the Commission to investigate the

allegations. The details of the alleged arbitrary killings by the Police

are chronicled in pages 8 to 14 of Exhibit JCI/J/147/2009/9, where

the witness gave what he called eye witnesses’ accounts of the

alleged arbitrary killings by the Police, particularly, the MOPOL. The

witness, in the first 2 paragraphs of page 8 of Exhibit

JCI/J/147/2009/1 gave a total figure of 74 persons allegedly arbitrary

killed by the Police. In the said pages 8 to 14 of Exhibit

JCI/J/147/2009/1, Witness chronicled a total of 7 incidents of alleged

arbitrary killings by the Police, according to him; these incidents

were narrated to him by eye witnesses to the alleged arbitrary

killings.

Before we proceed further with the evidence of this witness,

we must first of all place on record here that the witness was not an

eye witness to all the alleged arbitrary killings by the Police as in the

course of the presentation of the Exhibit JCI/J/147/2009/1, the

witness told the Commission that he was neither in Nigeria nor Jos

on the 28th day of November, 2008, i.e. the day the Unrest erupted

as he was in the US then and came into Nigeria about the 3rd day of

December, 2008. In spite of this fact, throughout his narration of the

alleged eye witness accounts of the alleged arbitrary killings by the

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Police, the witness did not mention the name of any of the eye

witness to the alleged arbitrary killings.

In the course of his oral evidence, when requested by the

Lead Counsel to the Commission to give the names of the said eye

witnesses and also produce them to testify before the Commission

of what they saw, the witness refused to disclose their names and

also told the Commission that he was not in the position to produce

them before the Commission to testify.

The Commission then proceeded and invited the relevant

officers of the Nigerian Police to appear before it to defend their

roles in the allegation of aiding and abetting or precipitating of the

Jos unrest of 28th November, 2008 and also their dereliction of duty

during the Unrest as alleged by the many witnesses that appeared

and testified before the Commission. The Commissioner of Police,

Plateau State Command, Jos, the DPO, Nigerian Police, Nassarawa

Gwong, Jos, D.P.O Laranto Police station and the Officer in Charge

Police Out-Post, Naraguta were all invited to appear before the

Commission on the 31st day of July, 2009.

On the 5th day of August, 2009, the former Commissioner of

Police, Plateau Command, CP Samson V. Wudah appeared before

the Commission to present the response of the Police to the

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allegation levelled against it by the witnesses as earlier highlighted

above.

In his written response dated 5th August, 2009, on the

allegation of the failure of the Police to check alleged of influx of

strange persons into Jos and its environs as made by witness in

memorandum JCI/J/38/2009 (Exhibit JCI/J/38/2009/1), the

Commissioner, who testified in camera for security reasons, denied

that there was any wrong doing or security lapses on the part of the

Police and referred the Commission to annexure ‘A’ to his

response, which according to him is the “Operational Order NO.

2/2008” on which the whole of the election activities were

anchored, including Police activities before, during and after the

election” The Commissioner also referred the Commission to

paragraph 10 of his response titled “Manpower Development/Police

Action” which he claimed had addressed the issue of perceived

security lapses on the part of the Police. See pages 6, 7 to

paragraph 1 of page 8 and page 9 paragraph 12 (a) of the response

dated 5th August, 2009

The Commission having carefully listened to the oral evidence

and clarifications made by the witness (CW211) and having also

response, carefully read through the written response, found that the

witness did not at all address the issues raised by CW.95 in Exhibit

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JCI/J/38/2009/1 on the alleged influx of strange persons into Jos

and its environs prior to the Local Government Elections of 27 th

November, 2008. He did not tell the Commission whether he

received the report and whether he directed his men to investigate

same and what the outcome of the investigation was. From all

indications, the Police did not take the report seriously and did not

even investigate it. If the Police had taken time to investigate it, it

was most probable that some people could have been arrested and

this could shed light on any plot to cause mayhem. Their failure to

do so indicates a security lapses on the part of the Police and a

dereliction of duty. If the Police had acted promptly on such useful

report, the Jos Unrest of November, 2008 could have been nipped

in the bud. The Commission is of the view that the Officer in Charge

of the Police out-post, Naraguta, where the report was made should

be investigated for negligence and dereliction of duty. He did not

appear before the Commission to answer to the invitation sent to

him and the Commissioner of Police who appeared for all Police

Officers invited did not address the issue raised against him.

In responses to allegations contained in memoranda JCI/J/131

/2009, and JCI/J/160/2009/1 Commissioner of Police, Plateau

Command, Jos, CP Samson V. Wudah, CW.21 to a large extent,

admitted lapses on the part of the Police but stated that such lapses

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were not deliberate but due to circumstances beyond the control of

the Police. He attributed any lapses on the part of the Police during

the period of the Unrest of 28th November, 2008 to logistics reasons,

mainly inadequacy of rapid response facilities available to the Police

to effectively respond promptly in crisis situations. This idea was so

explained when he stated thus in pages 9 to 10 of his response:

“There is no doubt that the situation that characterised every segment of other Government agencies in terms of adequacies also applies to the Nigerian Police Force. It is not an overstatement to state that Police inadequacies are glaring, particularly in terms of logistics, If there were enough vehicles and effective communication gadgets in the Command, the Command would have done better in managing the crisis”.

In terms of manpower, the witness told the Commission that

the Command had adequate manpower on ground as the Command

was able to get enough men from other Commands to assist in

managing the crisis. Here reference is made to pages 6 to 8 of the

Response schedule 20 herein. He explained further that :

“the Divisional Police Officers and Sector Commanders were given definite instructions to protect all places of worship during peace time and crisis periods as these have always been targets during ethnic, religious or political crisis in this Country.”.

However, the witness failed to tell the Commission either in his

written response or oral evidence adduced in respect thereof, how

many Mosques or Churches the Police sent Policemen to protect

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during the Crisis. From evidence of wanton destructions of

Churches and from evidence to the effect that the only place of

worship guarded by a combined team of Nigerian Army and the

Police with armoured car permanently stationed there, was the

Central Mosque, Massalachin Juma’a Jos, no other place of

worship was protected by the Police or Soldiers.

On the issue of the failure of the Police to respond to distress

calls while the crisis lasted, the witness blamed this on lack of

mobility and other logistics. He stated categorically on page 10,

paragraph (c) among other things as follows:

“that while the attacks lasted, distress calls to the Police were not responded to is not true. As acknowledged above in paragraph 12 b , this incident happened spontaneously and because of lack of vehicles and other logistics, the Police could not reach every member of the society that made a distress call to it”.

As in the case of allegations against the Police of their failure

to protect places of worship, particularly, Christian place of worship,

the witness in his defence did not tell the Commission the names or

the numbers of the members of the society whose distress calls

during the Unrest were attended to by the Police nor the areas

where such calls emanated from and what the Police did in such

situations.

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The witness narrated their handicaps in terms of mobility for

swift movement of security operatives to crisis spots, lack of

Communication gadgets such as mobile phones, walkie talkies etc.

He told the Commission that in the whole of Plateau Command,

there are only 30 walkie talkies which are grossly inadequate for the

Command to effectively communicate with the various Police

stations, D.P.Os, Police out-posts both those within Jos metropolis

and others in the other Local Government Areas of the State. He

told the Commission that the Police Command Plateau State does

not have up to 50 serviceable vehicles at it disposal to effectively

respond swiftly in crisis situations

On the issue of allegation of the use of Police uniforms by

persons posing as Police during the Unrest, the witness, C.W 211

admitted that:

“it is common knowledge that Police uniforms and that of other services have been found in possession of criminals in this country in the past and will continue.”

On the allegation of arbitrary killings by the Police based on

an alleged shoot-on-sight order issued by Governor Jonah Jang of

Plateau State, the witness categorically denied same and further

told the Commission that the Governor has no such power to give

the Police any order to shoot-at-sight. He added that the Police

cannot be said to kill the same citizens they are under obligation to

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protect. He also insisted that the Police operated strictly within the

Operational Order NO.2/2008 with reference NO.

CJ.3919/PS/OPS/VOL.40/79 dated 25th, November, 2008 issued by

the Police Force Headquarters in respect of the Unrest. See page

11 of the Witness’ response, schedule 20.

On the 7th day of August, 2009, the present Commissioner of

Police Plateau State Command, Jos also gave evidence before the

Commission and buttressed the assertion of CP Samson V. Wudah.

The Commission will now address the following questions:

i) Whether the Nigerian Police Plateau Command, Jos was aware that there was going to be break down of law and order in Jos North after the Local Government Elections held on the 27th day of November, 2008 despite the fact that the said Election was conducted peacefully without any problems and failed to take any steps to ensure that the Unrest did not occur?

ii) Whether or not there were any lapses and complicity on the part of the Nigerian Police, Plateau Command during the Jos Unrest of 28th November, 2008.

iii) Whether the Police was involved in arbitrary killings as alleged in Exhibit JCI/J/147/2009/1 above.

(i) From all the available evidence chronicled in the numerous

memoranda presented before the Commission and reviewed above

and considering the oral testimonies of witnesses in support thereof,

there is no doubt that the Local Government Elections held

throughout the State on the 27th day of November, 2008 were

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peaceful and successful. The Commission is of view, however that

after the Elections and during the collations of the Election Results,

the Police was some how aware that there was possibility of a

break down of law and order in Jos North Local Government Area.

Commission witness (CW.211 that is, C. P. Samson Wudah on

page 5 paragraph 9(i) stated inter alia that:

“As early as between 0230-0330 hours of 28th

November, 2008, information filtered to the Police that some moslem youths were holding nocturnal meetings at Moslem dominated areas”.

And in paragraph 9(ii) CW211 stated thus:

“Soon after, they were reported to be shouting Allahu Akbar along Ali Kazaure Street and other Hausa Muslims dominated areas in Jos North. It was further revealed that they mounted road blocks in some places. At about 0500 to 0530 hrs they attempted an incursion on the collation centre which was repealed by the Police..........”

This piece of evidence from CW211 shows very glaringly that

it was certain that there would be break down of law and order in

Jos North Local Government Area of Plateau after the Election was

concluded while the results of the Elections were still being collated.

All CW.211 could tell the Commission was that after the miscreants

were repelled by the Police, they regrouped and attempted to

penetrate the collation centre at Kabong, Gada Biu to attack the

Police, electoral officials and destroy electoral materials but the

Police drove them away and quickly evacuated the electoral

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materials and officials out of the collation centre to PLASIEC

Headquarters, for safety. The witness did not tell the Commission of

the steps taken to forestall a total break down of law and order due

to the action of these miscreants. The Police had ample time to

mobilize to effectively curtail the crisis from spreading but they failed

to take adequate steps to ensure this did not happen. CW211

admitted that the Police received the information of the gathering

storm at 230 - 033 hrs and furthermore C.W 202 had earlier told the

Commission that the Hausa youth started gathering at about

11.45pm on the 27th day of November, 2008 from Evangel Hospital

Road, towards the collation centre at Kabong. This claim also

buttressed the earlier evidence of Mr. Nuhu Asama who testified as

CW.96 on the 8th day of April 2009, in memorandum

JCI/J/133/2009 presented by Bache Development Association,

CW.96 who told this Commission that the Hausa youths/thugs came

out about 11:30 pm in response to the alarm raised by one Hon.

Nazifi by phone calls to some unknown persons to come out. The

Commission is of the view that from that 11:00pm of 27 th November

2008, when the first alarm was raised, if the Police had taken the

matter seriously and quickly mobilized forces to the various flash-

points like Ali Kazaure, Angwan Rogo, Gangare etc, the Unrest

could have been nipped in the bud. CP Samson V. Wudah, simply

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told the Commission in his oral submission during cross-

examination by a Counsel to the Commission that they closely

monitored the situation until the eruption of the crisis. The

Commission is of the view that the Police, in this regard, is guilty of

dereliction of duty as they had knowledge of early warning signs of

the Jos Unrest of 28th November, 2008 but did not take adequate

steps to prevent it from happening.

From the evidence of CW.211, i.e. the former Commissioner of

Police, CP Samson V. Wudah, there is no evidence of any Police

posting to take charge of strategic locations, i.e. flash-points in Jos

North Local Government Area which could have promptly quelled

any uprising by undesirable elements while the results of the

election were being collated and eventual announcement of such

results. The Commission disagrees with the Police that they did

everything possible to protect lives and properties during and after

the Election.

(ii) On whether or not there were any deliberate lapses and

complicity on the part of the Nigerian Police, Plateau Command

during the Unrest, the Commission has considered and reviewed all

the evidence placed before it. On alleged Police lapses during the

Jos Unrest of 28th November, 2008 , for instance, the allegations by

CW25 in Memorandum No. JCI/J/160/2009, Exhibit

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JCI/J/160/2009/1 that “distress calls to the Police during unrest were

not responded to,” the Police admitted their lapses in this regard

when in the response, the Police stated in page 10,paragraph (c):

“ .......this incident happened spontaneously and because of lack of vehicles and other logistics the Police could not reach every member of the society that made distress call to it”.

Further reference to lapses on the part of the Police is

contained in page 4 of Exhibit JCI/J/132/2009/1 wherein the witness

stated as follows:

“The Jos riot of November 28th was also aided by the security lapses from the security operatives in the State. For example, when I met the Police patrol team, I told them what was happening in the Church, that some people were in with guns and some ammunitions but they didn’t give me attention. Consequently, the attackers had enough time to execute their evil plans by not only burning the church but pulling down the walls”.

In this instant case where the witness met the Police face to

face and even a patrol team and mobile too, the Police refused to

attend to him. Could the Police say in this case too that this

“member of the society” who saw the Police face to face and made

a plea for assistance to save his Church “could not be reached?

This piece of evidence bring the Commission’s memory back to the

sad evidence of Mrs. Comfort A. Akinjogbin, who testified as

Commission witness No.20 (CW20) on the 18th of March, 2009 in

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memorandum JCI/J/171/2009, wherein she narrated to the

Commission how three corps members were slaughtered in their

house and how, while the boys were in the pool of their own blood,

she saw Police patrol team passed by in front of her house and

pleaded with them to help her and the poor hapless corpers but the

Police refused to give her any assistance. See paragraph 7 to 10

of page 4 of Exhibit JCI/J/171/2009/1 where the witness narrates

her ordeal as follows:

“...........then I saw a Police vehicle with many Police men and I cried and pleaded with the Police who were standing by , even rolling on the ground asking for help to take my boys to hospitals to save their lives but no response. Then two other Police vehicles filled with Police men came. I kept pleading but they claimed they were called at Congo and if I was not ready to leave with them immediately I could die with my three sons (i.e. the three NYSC members)”.

The evidence of C.W.8, Evangelist Da Andrew Dalyop in this

regard is also relevant. This witness stated in his evidence

contained in Exhibit JCI/J/25/2009/1 and oral evidence before the

Commission that prior to the Election and the Unrest of 28 th

November, 2008, Christians and Muslims elders/leaders in their

Community met to deliberate on the security situation in their area

and after the meeting, he and other elders were delegated to confer

with the Police D.P.O, Nassarawa Gwong Police Station to brief him

of their suspicion of likelihood of the break down of law and order

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after the election and how they have decided to protect their

neighbourhood against any breakdown of law and order. The

witness went further to state that the DPO was quite happy with their

information and plan and assured them of his support and

cooperation in case of any eventuality.

However, the witness told the Commission that when the

Unrest eventually broke out, the same DPO could no longer be

reached and the other Policemen they met at the station told them

that the matter was beyond them and so refused and failed to do

anything.

The Commission holds that there were obvious lapses and

dereliction of duty on the part of the Police. The Police failed to

perform its duty of protecting lives and property effectively thus the

magnitude of destruction of lives and property was worse than what

it ought to have been if the Police had performed their duty promptly

and effectively.

It is also the evidence that the Police alone could not curtail

the Unrest until the Military had to be called in. CW211 stated in

paragraph 11 titled Consultations in pages 8 to 9 of his written

response that:

“... it became imperative for more support from the Military........... From then, the Military and the Police

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jointly curtailed the situation from escalating to other Local Government Areas in the State’’.

From this evidence of CW211, it is clear that the Police could

not curtail the Unrest as already admitted and earlier referred to at

page 9 – 10 of his response.

As for the D.P.Os of Laranto, Nassarawa Gwong, Police

Stations and the O/C in charge of Naraguta Police Outpost who all

prior to the Unrest were duly informed by various witnesses before

the Commission of the likelihood of the possible breakdown of Law

and Order prior or after the elections of 27th November, 2008 but

failed to take any reasonable steps to deal with the matter

appropriately and cause thorough investigations which might have

averted any uprising in the Jos North Local Government Area, they

should be thoroughly investigated and prosecuted for dereliction of

duty and if found guilty should be out rightly dismissed from service.

The activities of the former Commissioner of Police, Plateau

Command, CP Samson V. Wudah before and during the crisis

should be thoroughly investigated as there is evidence before the

Commission that the Commissioner of Police then was being

directed by Alhaji Ibrahim Dasuki Nakande on what to do and what

not to do. (See memorandum JCI/J/206/2009 by Da Ezekiel D.J.

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Choji). And if found wanting, should be prosecuted for dereliction of

duty and punished appropriately.

4.1.25 The Nigerian Army:

A few Memoranda presented before the Commission also alleged

that the Nigerian Army was either directly responsible for the Jos

Unrest of 28th November, 2008 or caused it to escalate. Of note is

memorandum JCI/J/147/2009 of Human Rights Watch, presented

by Eric Guttschuss on behalf of the organisation on the 20 th day of

July, 2009. He testified as Commission witness No. 195 (CW195)

as stated above. The memorandum accused the Military amongst

other security agencies of arbitrary killings and strongly called for

their investigation. On page 1 of Exhibit JCI/J/147/2009/1, titled

“SUMMARY”, the Witness stated inter alia that:

“in responding to the inter-communal violence, the Nigerian Police and military were implicated in more than 130 arbitrary killings, mostly of young Muslim men from the Hausa/Fulani ethnic group. While most of the intercommunal violence took place on 28th day of November, the vast majority of the killings by the police and military came on November 29, the same day that the Plateau State Governor issued a “shoot on sight order” to security forces.

”According to his research, Human Rights Watch “also documented

eight incidents involving the arbitrary killings of 59 men by the

Military.” The witness, thereafter, proceeded to urge the

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Commission to investigate the allegations of widespread killing by

security forces.

C.W 195 then proceeded to chronicle from pages 15 to 18 of Exhibit

JCI/J/147/2009/1, the alleged eye Witnesses accounts of arbitrary

killings by the Military. The first eye witness of the of alleged

arbitrary killings by the Military was an alleged incident in Rikkos

(Angwan Damisa). The witness alleged that he interviewed five

witnesses in the Rikkos neighbourhood, and each gave an account

independently of the others, who saw the killing of eight men by a

Soldier in the Nigerian army uniform on the morning of 29th

November, 2008 and proceeded to give a detailed account of what

the alleged eye witness saw and narrated to him. There were other

such alleged incidents in Ali Kazaure, where the witness said he

interviewed eight witnesses who allegedly witnessed the alleged

arbitrary killings of 25 young men in a house in the area, Rikkos

(Gadan Katako). The witness alleged that an eye witness told him

that he witnessed Military Soldiers on 29th November arrested 16

Muslims and killed 10 of the arrestees and finally at Laranto

Divisional Police Headquarters, where the witness told the

Commission that he allegedly interviewed two Police officers

separately who allegedly witnessed a Soldier “summarily executed

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an unarmed man at the Laranto Divisional Police Headquarter” in

the morning 29th November, 2008.

It is very important to reiterate that the presenter was not an

eye witness to all the alleged arbitrary killings by the Military.

The Commission in order to get to the root of the serious

allegations against the Military invited the General Officer

Commanding, GOC, 3rd Armoured Division, Jos to appear before

the Commission on the 31st day of July, 2009 to defend this

allegation of arbitrary killings levelled against the Military by the

memorandum. However, the G.O.C did not turn up, neither did he

send any representative.

A scrutiny of Exhibit JCI/J/147/2009/1 shows that some of the

direct findings of the witness gives a further perspective on the

allegations. In page 6, paragraph 3 of Exhibit JCI/J/147/2009/1,

the witness stated that:

“many of the witnesses interviewed by Human Rights Watch believed that those responsible for these arbitrary killings may have been persons impersonating Police officers and Soldiers” This was his direct finding in the course of his interviews.

Though witness stated that “many Witnesses” he interviewed

believed that the killings were done by persons impersonating

“Soldiers”, the witness disbelieved them without any form of

investigation of their claim. In an answer to a question put to him by

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the Commission’s Lead Counsel, the witness admitted that he did

not investigate this possibility.

Also in paragraph 5 of page 6 -7 of Exhibit JCI/J/147/2009/1,

the witness stated that the senior Police and Military officers he

interviewed denied any knowledge of arbitrary killings by the

security forces,

“..... and Military officials interviewed by Human Rights Watch in December denied having received any reports of their forces being involved in arbitrary killings during the violence”.

When asked to comment on the allegation of arbitrary killings

documented by Human Rights Watch,

Brigadier General Emeka Onwuamaegbu, the Army spokes

persons likewise informed Human Rights Watch that:

“I have no evidence or information that Nigeria Soldiers were involved in any arbitrary killings”.

From the contents of Exhibit JCI/J/147/2009/1 and the oral evidence

led thereon, which contradicted the witness’ position in the said

Exhibit, the allegations of arbitrary killings against the security

forces, particularly, the Military have not been established by the

witness. In an instance, the witness stated that he carried out

extensive research on the Jos Unrest of 28th November, 2008, but

the witness also admitted to the Commission that he did not carry

out any investigation to establish the authenticity or otherwise of the

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claim of persons impersonating the Police and Soldiers. He also told

the Commission that the only evidence he saw were spent bullets

but could not carry out any further investigations to establish the

fact as to who used the spent bullets, their types or what guns the

spent bullets were shot from etc.

4.2 Individuals, groups of persons and institutions indirectly responsible for the Unrest of 28th November, 2008.

From the various memoranda submitted and presented before

the Commission coupled with oral evidence adduced in support by

the witnesses who appeared before the Commission, it was alleged

that the persons mentioned hereunder were indirectly responsible

for precipitating the Jos Unrest of 28th November, 2008:

1. Alhaji Inuwa Ali

2. The Daily Trust Newspaper

3. JASAWA Development Association.

4. Security Operatives

5. Honourable Aminu Baba

6. Idris Ibn Mohammed

7. General Ibrahim Babangida

8. Mohammed Haruna

9. The State Security Services (SSS)

10. The Nigeria Customs Services (NCS)

11. Alhaji Sale Hassan, an elder in Jos North

12. The Nigeria Immigration Services (NIS)

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13. Alhaji Usman Ibrahim Abubakar ( Jerry) the Chairman of

Plateau Muslim Forum (PPMF)

14. Jama’atu Nostril Islam (JNI).

15. Hon. Shehu Bala Usman (Acting Secretary of ANPP)

16. Alhaji Jamil of Jamil Motors

17. Barrister Ahmed S. Garba

18. Sheikh Mohammed Usman Kano

19. Alhaji Ibrahim Mantu

20. Alhaji Yahaya Karaku (Okene Local Government Area

Council, Kogi State)

21. The Governor and Government of Plateau State.

4.2.1 Alhaji Inuwa Ali:

Alhaji Inuwa Ali was mentioned as one of the persons

indirectly responsible for the Jos Unrest of 28th November, 2008 in

about Seven memoranda. These memoranda and their allegations

on his role in precipitating the Unrest are as stated and explained

hereunder:

(i) Memorandum JCI/J/40/2009 by Berom Elders Council

presented by Prof. John I. Dung Gwom (CW 10). In his oral

evidence, the witness categorically mentioned Alhaji Inuwa Ali as

one of the persons responsible for the crisis. His reason being that

in September, 2008 a full fledged grand Durbar in Jos, tagged

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“Hawan Turaki” was staged for Alhaji Inuwa Ali as the Sarkin Al -

umman Muslumin, Jos.

Berom Elders Council view this staging of Durbar by Alhaji

Inuwa Ali as a show of gross insubordination and ingratitude

because late Gbong Gwom Jos, Dr. Fom Bot, had earlier conferred

the title of Turakin Jos on Alhaji Inuwa Ali with the belief that Alhaji

Inuwa Ali will work in partnership with him to promote peaceful co-

existence in Jos. This show of insubordination and ingratitude

rather than promote peace has been shown to provoke and incite

the indigenes of Jos.

(ii). Memorandum JCI/J/65/2009 – This memorandum was

presented by the Berom Patriotic Forum in the Tertiary Institutions of

Plateau State. The memorandum came up for hearing on the 25 th

day of March, 2009 and was presented by one Dalyop Danladi

Mancha (CW.35) on behalf of the Forum. This memorandum on

page 12 mentioned the name of Alhaji Inuwa Ali who was installed

as “Sarkin Al-Uman Musulmi Jos” with a complete traditional

cabinet as a cause of the Unrest. C.W.35 told the Commission that

the act of installing the said Alhaji Inuwa Ali as stated above was

done without regard to the traditional institutions of the land and his

act of conferring chieftaincy titles on some people after his

installation and the appointment of his Ward Heads was quite

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provocative. This witness also referred to the fact that the said Alhaji

Inuwa Ali in his attempt to become the Emir of Jos has been

implicated in all previous crisis that took place in Jos. Particular

reference was made of the crisis of 1994 and 2001.

iii) Memorandum JCI/J/91/2009 also accused Alhaji Inuwa Ali, the

Turakin Jos, as one of the persons to be invited to appear before the

Commission to explain his role in the Jos Unrest of 28th November,

2008. This memorandum was presented by Mr. Sunday Gomper

who gave evidence as CW26 on the 19th day of March, 2009.

(iv) Other memoranda wherein the name of Alhaji Inuwa Ali was

mentioned are: memorandum JCI/J/136/2009, memorandum

JCI/J/137/2009, memorandum JCI/J/149/2009, JCI/J/150/2009 and

memorandum JCI/J/206/2009.

The Commission, in order to hear Alhaji Inuwa Ali’s side of the

story invited him to appear before it on the 21st day of July, 2009.

He however failed to honour the invitation

The Commission has reviewed in detail the evidences both

written and oral adduced before it by various witnesses and came to

the conclusion that Alhaji Inuwa Ali was mentioned as one of the

persons indirectly responsible for the Jos crisis of 7 th September,

2001. In the Justice Niki Tobi Main Report of September, 2002 on

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the said civil disturbances in Jos and Environs in 2001, particularly,

at page 185, the Commission had this say about Alhaji Inuwa Ali:

“...the Commission is of the opinion that Alhaji Inuwa Ali is not a fit and proper person to hold the office of Turakin Jos. He should, accordingly be removed forthwith...”

Now in 2008, there is evidence before the Commission that he

installed himself as “Sarkin Al’umman Musulmi Jos with complete

traditional cabinet”. There is in evidence also that he did this without

regard to the Gbong Gwom Jos who conferred on him the title of

“Turakin Jos” in the first place. See page 12 of Exhibit

JCI/J/40/2009/1 in the following words:

“only very recently in September2008, a full fledged and grand durbar was staged in Jos, tagged ‘ Hawan Turaki’ for one Alhaji Inuwa Ali as the Sarkin Al-umma Muslumin Jos. During the durbar, a full Emirate Council was constituted with regalia of offices to over 20 title holders. He has also appointed chiefs in other settlements like Bukuru and Barkin Ladi”.

The witnesses who presented memoranda JCI/J/40/2009 and

JCI/J/65/2009 in order to buttress their claims, attached to the said

memoranda copies of the invitation cards to the Durbar with the list

of the traditional cabinet members and the names of persons on

whom Alhaji Inuwa Ali conferred traditional titles. (See Exhibit

JCI/J/40/2009/1 with the relevant annexure for details).

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The question, the Commission wishes to ask at this juncture is

whether Alhaji Inuwa Ali has any traditional or Constitution rights to

establish another traditional institution parallel to that of Gbong

Gwom Jos and as well appoint his own chiefs and title holders as

he did on the 30th day of September, 2008? On whose land did

Alhaji Inuwa Ali established his emirate? Although, Alhaji Inuwa Ali

refused to appear before the Commission to respond to allegations

made against him when required to do so, evidence from witnesses

who testified before the Commission show clearly that Alhaji Inuwa

Ali is from Kano in Kano State but claims to be a member of Jasawa

Development Association. Membership of this Association is

however restricted to only Hausa/Fulani Muslims of Jos to the

exclusion of any other tribe in Jos. If a person from Kano or any

other part of Nigeria, for that matter should, come to Jos and set up

a traditional institution with the usual full paraphernalia of office as

Alhaji Inuwa Ali did on the 30th day of September, the indigenes of

the area will not be happy. It is highly provocative. This act of

establishing an emirate Council in Jos is a clear message to the

Hausa/Fulani youth that Jos belongs to them and they have a right

to fight and take over the town from the Afizere, Anaguta and Berom

tribes who have been declared the indigenes of the same by the all

the previous Reports, particularly, the Hon Justice J. Aribiton

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Fiberesima’s Report of 1994, and Hon. Justice Niki Tobi CON

Report of September, 2002 as well as Plateau Resolves of 2004.

Little wonder the Hausa/Fulani youth fought so furiously and

ferociously on the 28th November, 2008 against the indigenes and

other Nigerian citizens resident in Jos.

From the evidence before the Commission, Jos is not an

emirate, hence his acts amounted to an affront to the established

traditional authority in Jos. This action should be discouraged.

The Daily Trust Newspaper - Daily Trust Newspaper was

accused on the ground that it’s Reportage of the Unrest of

November 28th and 29th 2008

“were Jaundiced, lopsided and negatively skewed and that the Newspaper sought to poison the minds of the Muslims worldwide to the belief that Muslims are hated and are being killed in the Plateau State.”

and that its reportage of the Unrest was highly provocative and

negative. To substantiate these allegations, the witnesses tendered

copies of the Newspaper wherein the publications in question were

made. The memoranda that made these allegations against the

Daily Trust Newspaper are memorandum JCI/J/31/2009 by Dr.

Charles Kopkama. Gonyok (mni). memorandum JCI/J/107/2009 by

the Plateau Indigenous Development Association (PIDAN), and

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memorandum JCI/J/137/2009 by PDP Elders Northern Zone Forum

Plateau State.

The Commission invited the Management of Media Trust

Nigeria Limited, Publishers of the Daily Trust Newspapers to defend

themselves against these allegations on the 28th day of July, 2009.

A Representative of Media Trust Limited, Andrew Agbese,

presented a written response to the Commission in defence of these

allegations against Media Trust Nigeria Limited. In the said written

response dated July 28 2009, the witness denied any bias on the

part of Media Trust Nigeria Limited regarding the reportage of the

Jos Unrest of 28th November, 2008. According to the witness, all

sections of the warring parties were given equal coverage and never

at any time was the Newspaper house unbalanced in its reportage

of the Unrest. The witness stated on page 4 of his response that all

the publications complained of by the various witnesses before the

Commission, were personal views and opinions of the persons that

wrote them and that it is:

“nothing to do with the style of Media Trust or any of its publications nor were they the reports of any of its correspondence or reporters for which it could be held liable”.

He made reference to Weekly Trust of 4th January, 2009, particularly

the write up titled “dear son of the soil” and another writer, Abdullahi

and stated that in those write ups, the columnists expressed their

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personal views and opinions while the advertorial signed by a group

that calls itself “The Coalition of Jasawa Elders” published in the

January 30th edition of the Daily Trust was also their personal views

and had nothing whatsoever to do with Media Trust editorial policy.

After a careful perusal and review of the evidence, the

Commission found that the publications complained about as being

a cause of the Unrest were made after the occurrence of the Unrest.

With this in view, it cannot be said that these publications, though

very inciting and provocative, particularly, the write up titled the “son

of the soil ”where unprintable pictures of naked women and men

allegedly depicting Plateau people as uncivilised were displayed and

another picture portraying Plateau people as poverty stricken and

sitting in front of thatched roof huts with tattered clothes, caused

the Unrest of 28th November, 2008. Rather, these publications

could be said to have a tendency towards preparing grounds for

resurrecting further hostilities in Plateau State. The Commission

also view these publications as often very biased, lopsided,

derogatory and tilted in favour of a particular group.

The Commission further advises the Publishers and Editors of

Daily Trust Newspapers to learn to adhere to the professional ethics

of Journalism which is to be fair and balance in reporting any news

event and stop appealing to ethnic and religious sentiments.

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4.2.2 Jasawa Development Association:

Jasawa Development Association was mentioned severally by

numerous witnesses before the Commission as an Association

being responsible for Jos Unrest of 28th November, 2008. Some of

these memoranda and witnesses are as follows:

i) Memorandum JCI/J/69/2009 by Berom Community Jos North

presented by Dr. Baba Thomas Bingel. This memorandum which

was tendered and admitted in evidence as Exhibit JCI/J/69/2009/1,

on page 5 identified the formation of Jasawa Development

Association as one of the remote causes of the Jos Unrest of 28th

November, 2008. It was stated in paragraph 1 lines 13 and 14 of

Exhibit JCI/J/69/2009/1 that the Association was found to be a

perpetrator of the 2001 crisis and was indicted in 2001. According

to the presenter

“the existence of this association therefore has always posed a threat to peaceful coexistence in Jos.”

ii) Memorandum JCI/J/107/2009 presented by Plateau

Indigenous Development Association Network (PIDAN) was

presented by Prof. Nenfort Gomwalk on behalf of the Association on

the 17th day of March, 2009. He testified as C.W.15. In the

memorandum the presenter accused the Jasawa Development

Association because of the actions and utterances of its members

and leaders who claimed Jos as their own and thus always make

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false claims about the ownership of Jos. C.W.15 in an answer to a

question put to him by Ali Aku Esq., Counsel to Indigenous Muslims

Association, Plateau State said that although, he did not really know

whether they were

“perpetrators but certainly they contributed to it by their action”.

The Witness went further to state as follows:

“I suppose if you write articles that incite people or give wrong/false information, you must be held responsible”.

iii) Memorandum JCI/J/149/2009 by Laranto Berom Community:

This memorandum was presented on behalf of the Community by

John Rapp on the 27th day of February, 2009 and he testified as

Commission witness 13 (CW13). C.W13, on page 11 of the

memorandum (Exhibit JCI/J/149/2009/1) mentioned Jasawa

Association as one of the Associations indirectly responsible for the

Jos Unrest of 28th November, 2008.

iv) Memorandum JCI/J/152/2009 by Berom Forum Chwelnyap.

This memorandum was presented on the 25th day of March by John

Pam Choji who testified as Commission witness 37 (CW 37) on

behalf of the Forum. The witness on page 12, paragraph (b) of the

memorandum (Exhibit JCI/J/152/2009/1) mentioned Jasawa

Development Association as one of the groups responsible for the

Jos Unrest of 28th November, 2008. According to the witness, the

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Association serves as a rallying point for the Hausa Community in

Jos and articulates all causes of action of the Community in all

ramifications. The witness further stated that by the

pronouncements of its officials like Alhaji Ibrahim Dasuki Nakade,

and Ismaila Mohammed before, during and after the Local

Government polls and the crisis,

“the organization exists to serve ulterior intends and purposes. actions and inactions of the organization before and during the crisis points to the direction of having masterminded the episode.”

v) Finally memorandum JCI/J/115/2009 which was presented by

Kauna Baptist Church, Rikkos also accused Jasawa Development

Association as being responsible for the Jos Unrest of 28th

November, 2008.

Based on all these allegations against the Association, the

Commission invited the leadership of the Association to appear

before the Commission on the Monday the 20th day of July,2009.

However, the Leaders of this Association failed to honour the

Commission’s invitation. The Commission found as a fact that the

Association was heavily indicted in both the Hon. Justice J.

Aribiton Fiberesima Report into the Jos Riots of 12th April, 1994

and that of the Hon Justice Niki Tobi of September, 2002 on the

Jos crisis of 7th September, 2001. The reports held the Association

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responsible for those crises and recommended in their reports that

activities of the Association be suspended for two years.

The said Commission further recommended that:

“in event of the Association involving itself in violence or threatened violence and precipitates crisis of any form during the period of suspension, the Association should be proscribed forthwith”.

We refer to pages 198 to 205 of Hon. Justice Niki Tobi Report

and pages 26 to29, particularly, page 29 of Hon. Justice J Aribiton

Fiberesima Report. This Commission also finds that Jasawa

Development Association by its activities is one of the Association

indirectly responsible for the Jos unrest of 28TH November, 2008.

The Association and its Leadership should be investigated. The

Commission further recommends the outright proscription of the

Association if after investigation the allegations aforementioned, are

proved against them.

4.2.3 Places of worship

Some places of worship were also mentioned by witnesses who

testified before the Commission for being indirectly responsible for

the Jos Unrest of 28th November, 2008. These memoranda and

places of worship are as follows:

(i) Memorandum JCI/J/149/2009 by Laranto Berom Community, Jos

was presented on behalf of the Community on 27th day of February,

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2009 by Mr. John Rapp who testified as Commission witness 13

(CW13). The memorandum identified four Mosques namely, the

Mosque located opposite the gate of St. Augustine’s Major

Seminary, Laranto, the Mosque behind St. Augustine Major

Seminary, Laranto and the Mosque before Katako bridge and the

Mosque at Angwan Rogo.

According to the witness, these places of worship played very

negative role before, during and after the crisis. For instance, the

presenter stated on pages 13 and 14 of the memorandum (Exhibit

JCI/J/149/2009/1) that:

“Daily worshippers were spurred not to accept the outcome of the Local Government Election which comes up on the 27th November, 2008 where it fails to favour them. They were told to resist Government at all cost”.

The witness further emphasised the negative role played by these

Mosques on the 28th day of November, 2008 (i.e. the first day of the

Unrest) when he stated on page 14 that:

“the Mosques were used as “control towers” to direct the Hausa militants to specific residential areas ...”. The Mosque were also used as easy mobilisation avenue for the youths and the militants. Also on Saturday 29th November, 2008, shortly when the results were finally announced, these mosques used public address systems to shout ‘Alahu akbar’ and teleguided Hausa youths and militants to unleash mayhem on Laranto residents which ultimately led to massive

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destruction of about 35 houses and death of those people 3 lives.......”

The witness in his oral evidence testified that the role of the

Mosques and their Imams led to the escalation of the crisis. The

Commission was bombarded with other similar evidence against the

Mosques and their Imams by several other witnesses who appeared

before it. For instance, memorandum JCI/J/25/2009/, which was

admitted in evidence as Exhibit JCI/J/25/2009/1, stated that the

Imam of the small Mosque within the Old Mining Camp mobilized

the youths through the use of loudspeakers. Oral evidence was

also given by the witness who testified before the Commission on

26th February, 2009 as CW8.

Memorandum JCI/J/140/2009 by Angwan Dalyop

Development Association (ADDA) was presented on behalf of the

association by Paul Davou, the Protem Secretary of the Association.

The memorandum on page 7 accused the Mosques located in Sarki

Mangu Street, Masallacin Idi and Katako Area for the negative roles

they played during and after the crisis. According to the

memorandum, these Mosques several weeks before the election,

were used to incite worshippers early in the morning between

4:30am and 5: 00am. Daily worshippers were instigated not to

accept the verdict of the forthcoming 27th November, 2008 Local

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Government Election, if it does not favour them. They were urged to

stand up and resist Government among others. This allegation was

not only made in this memorandum. It was also made in

memorandum JCI/J/149/2009 by Laranto Berom Community

presented by John Rapp CW13. See page 7 of this memorandum.

(ii) Memorandum JCI/J/93/2009 by Church of Christ in Nigeria

(Jos). This memorandum was presented on behalf of the Church by

one Elder Martins David Dalyop, the Church Secretary. The witness

who presented the memorandum identified on page 7 of the

memorandum (Exhibit JCI/J/93/2009/1) the Mosques at Tudun -

Pera, Bulbula Mosque and the Imams of the two Mosques as being

responsible for the Unrest.

Their roles according to the witness were giving:

“directives and commands to the Hausa/Fulani Muslim attackers to keep on the fight until the victory is achieved”.

For this reason, the witness holds the imams responsible for the

planning and execution of the Unrest.

These allegations of the roles of the Mosques and their Imams

in contributing to the escalation of the Unrest are of great concern to

the Commission. Worship places as far as the Commission is

concerned are meant to preach love. peace and unity and not

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hatred, war and disunity. Lives are supposed to be preserved and

protected and not to be destroyed.

4.2.4 General Ibrahim Badamasi Babangida, Former Military

President of the Federal Republic of Nigeria.

The retired General Ibrahim Babangida was mentioned in several

memoranda presented before the Commission and by witnesses

that testified before the Commission. All the allegations against

General Ibrahim Badamasi Babangida were centred on the creation

of Jos North Local Government Area of Plateau State without

consultation with the people of Plateau State which has led to

widespread disaffection and suspicion.

i) Memorandum JCI/J/107/2009 by The Plateau Indigenous

Development Association Network (PIDAN). This memorandum was

presented on behalf of PIDAN by Prof. Nenfort Gomwalk. PIDAN at

page 21 of the memorandum (Exhibit JCI/J/107/2009/1) stated that

creation of Jos North Local Government in 1991 by the Babangida

Administration was totally against the wishes of the Anaguta, Afizere

and Berom Communities of Jos. He further stated that:

“the said Communities found themselves in Jos South while the Hausa Community was left in Jos North Local Government LGA where Jos metropolis is located” The Anaguta, Afizere and Berom saw this arrangement as a grand plan by the Hausa to seize Jos town from them”.

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The witness also stated that these other Communities

resented the pattern of the newly created Local Government Area

as it left the Berom Paramount ruler, the Gbong Gwom Jos, isolated

in an Hausa/Fulani dominated enclave while the Hausa/Fulani

jubilated over the creation of the Local Government which they saw

as having been created for them.

(ii) Memorandum JCI/J/65/2009 by The Berom Patriotic Forum in

Tertiary Institutions of Plateau State. This memorandum was

presented on the 25th day of March, 2009 by one Dalyop Danladi

Mancha, the Chairman of the Forum, who testified as Commission

witness 35 (CW35). The witness at page 18 of the memorandum

(Exhibit JCI/J/65/2009/1) described General Ibrahim Babangida as

showing “an unhealthy interest in Jos Hausa/Fulani terrorism” and

so one of the persons responsible for the Jos Unrest of 28th

November, 2008. The witness also stated that his assertion that

Babangida was involved in the recent Jos Unrest was informed by

the revelation made by the 26 mercenaries arrested in Jos on 26th

December, 2008. The witness informed the Commission that the

“mercenaries” boast that nothing would happen as they have the

support of a General in Minna named “Evil Genius”. The witness

tendered in evidence News Gate monthly Magazine of 15th

January, 2009 wherein this publication was made. The Magazine

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was admitted in evidence as Exhibit JCI/J/65/2009/2. It was on

page 5 of Exhibit JCI/J/65/2009/1 as follows:

“when the journalists attempted to speak to them, they said they were not worried. They boasted that there wouldn’t be any problem because highly placed Nigerians including a former Military President from Minna popularly known as the evil genius and the Federal Government were staunchly behind them”.

iii) Memorandum JCI/J/133/2009 by Bache Development

Association of Bassa Local Government Area. This memorandum

was presented on behalf of the Association by Nuhu Ashama on the

8th day of April, 2009. He testified as Commission witness 96

(CW96.) At page 7 of the memorandum (Exhibit JCI/J/133/2009/1),

the witness stated that after the boundary of Jos North Local

Government was carved out, it became apparent that the Local

Government was created to favour the Hausa/Fulani Community

and strengthen their claim to Jos.

(iv) Memorandum JCI/J/69/2009 by Berom Community Jos North

was presented on behalf of the Community by Dr. Baba Thomas

Bingel on the 24th day of February, 2009. He testified as

Commission witness 1 and stated that the action of General Ibrahim

Babangida in creating Jos North was against the wishes of the

people of the state, particularly, the Berom, Anaguta and Afizere

communities who had wanted a “Federe” LGA. He further told the

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Commission that with the way the Local Government was created,

the native Communities saw it as a grand plan by the Hausa/Fulani

to seize Jos Town from them using the Federal might. Other

memoranda in which General Ibrahim Babangida was mentioned

also in the course of oral evidence being led thereon are

memoranda JCI/J/206/2009, JCI/J/149/2009 and JCI/J/73/2009.

(v) The Commission invited General Ibrahim Babangida to appear

before it on the 28th day of July, 2009 to defend himself of these

allegations. He was represented by a two member team of lawyers

comprising Mohammed Ndayako Esq. and Benjamin Attah Esq.

(vi) Counsel on behalf of General Ibrahim Babangida generally

denied all the allegations against the General and stated that the

creation of Jos North Local Government was done in accordance

with the due process of creating Local Government Areas. Counsel

further stated that the decision to create the Local Government was

not an individual decision but a collective decision of the Armed

Forces Ruling Council. They tendered several documents from the

Presidential Library of former President, General Ibrahim

Babangida, to show that due process was followed in the creation of

Jos North Local Government Area. The following documents were

tendered and relied upon by Counsel:

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a) AIDE-MEMOIRE ON GUIDELINES FOR THE CREATION OF NEW LOCAL GOVERNMENTS - admitted in evidence as Exhibit SA1,

b) A letter from Berom Elders’ Council (BECO) dated 11th

September, 1991 titled “Request for the creation of more Local Governments from present Jos Barakin Local Government – admitted in Evidence as Exhibit SA2,

c) A letter from Berom Community dated 23rd January, 1989 tilted “REQUEST FOR THE CREATION OF JOS METROPOLITAN LOCAL GOVERNMENT COUNCIL COMPRISING OF DU, GWONG, GYEL, KURU AND VWANG DISRICTS OUT OF THE PRESENT JOS LOCAL GOVERNMENT COUNCIL“ – admitted in Evidence as Exhibit SA3,

d) A Letter titled “an open letter to the President......” dated 28th January, 1989- admitted in Evidence as Exhibit SA4,

e) A document titled Meeting of Governors held on 18th

September, 1991- admitted in Evidence as Exhibit SA5,

f) An undated write up titled “Request for the creation of a Jos East (Defunct Federe (sic).......” – admitted in Evidence as Exhibit SA6,

g) The States ( CREATION AND TRANSITIONAL PROVISIONS) DECREE (NO. 2) 1991 was admitted as Exhibit SA7.

h) A letter from Berom Elders’ Council (BEC) dated 3rd

June, 1992 titled “Reconsider Jos Local Government Area- admitted in Evidence as Exhibit SA8,

i) Submission/Memo.No.SGF./22/S.1/C.1/1/583 to the then President for consideration and review of the Local Government Areas wrongly created without the consensus of the people- admitted in evidence as Exhibit SA9.

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The learned Counsel for General Ibrahim Babangida told the

Commission that after Jos North Local Government was created,

the Government received complaints from the natives of Jos for a

review of the creation of the Local Government. Counsel also

informed the Commission that he had it on good account that

Exhibit S.A9 was raised by the then Secretary to the Federal

Government for consideration but before any action could be taken

on the memorandum, the former President stepped aside. He

thought that since Government was a continuous process, the

Government that came after his should have addressed the issue.

The Commission found that the creation of the Jos North

Government Area by General Ibrahim Babangida in 1991 was

clearly to favour the Hausa/Fulani of Jos North. The indigenous

tribes of Jos North did not demand for the creation of Jos North

Local Government in the form it was created. It was the

Hausa/Fulani that through Exhibit S.A4 demanded for the creation of

Jos North Local Government Area in the form it was created. The

indigenous tribes also demanded for the creation of Jos Local

Government but not in the form it was eventually created. The form

in which Jos North was created is in accordance with the demand of

the Hausa/Fulani of Jos North as contained in Exhibit S.A4.

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The Commission finds as a fact that there was no wide

consultations with all stakeholders before Jos North Local

Government was created in 1991 and as a result majority of the

people of Jos North are dissatisfied with the form Jos North Local

Government Area was created. As earlier pointed out, not even the

Hausa/Fulani of Jos North are satisfied. In as much as we find it

unacceptable that the Government of retired General Ibrahim

Babangida for created the Local Government without considering

the wishes of the generality of the people of the former Jos Local

Government, we do not think that it was a deliberate act to create a

crisis situation in Jos.

However, since majority of the people of Jos North are

dissatisfied with the form Jos North Local Government Area was

created, the Government can set up a machinery and put up a

demand before the National Assembly to consider a restructuring of

Jos North Local Government Area to reflect the wishes and

aspirations of everybody in Jos North.

4.2.5 The Nigeria Customs Service, Plateau State Command:

The Nigerian Customs came into the search light of the Commission

by virtue of memorandum JCI/J/160/2009, which urged the

Commission to:

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“find if there was diligence in performance of duties by the Federal Government, Customs amongst others”.

The main grudge of the witness against the memorandum

(Exhibit JCI/J/160/2009/1) was that sophisticated weapons were

used during the Jos Unrest of 28th November, 2008 and that if the

Nigerian Customs whose duty it was to check the importation of

illegal arms into the Country did their job, they could have

discovered that there was massive importation of illegal arms into

Jos North. The witness, Ikechukwu Tony Egwuonwu, who testified

as Commission witness 25 (CW 25) on the 19th day of March, 2009

told the Commission that the Nigerian Customs is one of the Federal

Government Agencies that was indirectly responsible for the Jos

Unrest of 28th November, 2008 for failing to do their job.

The Commission, therefore, invited the Comptroller of

Customs, Plateau state Command to appear before it on the 31st

day of July to present his response to this allegation against the

Nigeria Customs service. On the 31st day of July, 2009 when the

response was listed for hearing before the Commission, the Nigeria

Customs Service presented a 2 page written response signed by

one Nnachi Emeghe A/C. Mr. Nnachi Emeghe also gave oral

evidence when he appeared before the Commission on the 31st

July, 2009 to present his written response in order to explain some

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of the points in the written response. The witness both in his written

response and oral testimony before the Commission denied the

allegation that the Nigeria Customs Service, Plateau Command did

not do its job of checking all vehicles and persons coming into Jos to

ensure that they do not carry arms and ammunition into the city

leading to the proliferation of arms and ammunition in Jos North.

The witness at page 1 paragraph 1 of his written response (Exhibit

SH1) and his oral evidence summarized the functions of the Nigeria

Customs Service to include but not limited to suppression of

smuggling. The witness then told the Commission that as far as he

was concerned, the Nigeria Customs Service performed its duties to

the best of it abilities and in conformity with the Law establishing it.

In the words of the witness:

“These functions have been diligently pursued to the best of our abilities here in Plateau, Benue, and Nassarawa States Area Command.”

The witness told the Commission that the Customs Service is

very effective and because of its effectiveness, the Customs

Service, Plateau Command recently discovered and seized military

camouflage uniform materials concealed in a luxurious bus travelling

from the Eastern part of the Country to Plateau State and handed

them over to the Police for further investigation.

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On the issue of the allegation of their failure to check the

proliferation of arms and ammunition into Jos prior to the Unrest of

28th November, 2008. The witness stated that they were not aware

that there was proliferation of arms and ammunition into Jos prior to

the Unrest. According to the witness, this was due to the nature of

the location of Plateau State in the hinterland, which by Law,

mounting of check points by Customs is prohibited. The witness

further told the Commission that since the Custom Service, Plateau

Command does not have power under the law to set up check

points for checking what comes into the State, the Customs was

handicapped in detecting when, how and by whom arms and

ammunition were imported/brought into the State, a situation which

also make the arrest of those involved and seizure of such weapons

impossible. To buttress this assertion, the witness referred the

Commission to Customs and Excise Circular Nos.

NCS/ENF/ABJ/058/S.2/VOL.V of 19th July, 2004 and

NCS/ENF/ABJ/058/S.2/VOL.IV of 25th January, 2005 which

according to him prohibits the establishment of Customs check

points forty five kilometres radius from the border.

The witness thereafter went ahead and recommended to the

Commission that in view of the peculiar security situation in the

State, the Nigeria Customs, Plateau State Command should be

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provided with adequate logistics to perform its duties and also be

allowed to establish check points for effective checks.

The Commission has carefully reviewed the evidence of the

witness regarding the allegation against the Nigeria Customs

Service, Plateau Command and found that the allegation of

dereliction of duty on the part of the Nigeria Custom Services,

Plateau Command has not be established and thus the Service was

not in any way responsible for the Jos Unrest of 28th November,

2008. However, due to the legal limitation placed on the Nigeria

Customs Service, Plateau Command by the Customs and Excise

Circular Nos. NCS/ENF/ABJ/058/S.2/VOL.V of 19th July, 2004 and

NCS/ENF/ABJ/058/S.2/VOL.IV of 25th January, 2005, the

Commission hereby recommends that the Plateau State

Government should take up the matter with the Federal Government

of Nigeria and the relevant Customs authorities for the abrogation

of these circulars. This will enable the Nigeria Custom Service,

Plateau State Command establish check points in all points of entry

into the State for effective checks and control of arms and

ammunition and other offensive materials into Jos North Local

Government Area and Plateau State in general.

4.2.6 The Nigeria Immigration Service, Plateau State Command:

The Commission was also called upon by a memorandum

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presented by Barrister Itegwuonwu (Exhibit JCI/J/160/2009/1) to

investigate the activities of the Nigeria Immigration Service, Plateau

State Command, particularly the alleged involvement of large

number of foreign nationals in the Jos Unrest to find out if there was

any negligence of duty on its part. The Commission invited the

Comptroller of Immigration Service, Plateau State Command ,Jos to

appear before it on the 31st day of July, 2009 to defend the

Command and also explain its roles during the Unrest.

The Comptroller of Immigration Service, Plateau Command,

in the person of Mr. E.A. Gbuuga appeared before the Commission

on the 31st day of July, 2009. He presented a written response

which was admitted as Exhibit S.G.1. The witness in both his

written response and oral submission denied that the Nigeria

Immigration, Plateau Command was guilty of any complicity in the

Jos Unrest of 28th November, 2008 either prior to or during its

occurrence.

He made it clear that the officials of the Nigeria Immigration

Service, Plateau Command were never at anytime prior to the Local

Government Elections of 27th November, 2008 invited to take part in

any security arrangements for the Elections but this notwithstanding,

he used his discretion to issue a press release on the 25th day of

November, 2008 advising non-Nigerians to stay away from voting or

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disrupting the election. The witness further told the Commission in

his response that he also deployed his officers and men to observe

the elections with the aim of stopping foreign nationals from

participating in the election.

On allegation of the involvement of foreign nationals in the

Unrest, the witness stated in paragraph (8) page 2 of his response

that he wrote to the Comptroller of Nigeria Prison Service and

Director of State Security Service to avail him of the opportunity to

screen and determine the immigration status of all the suspects

alleged to be foreigners and he was obliged.

The Controller of Prison Service sent him a list of seventy six

(76) suspected foreigners which he screened and found out that

seven (7) out of the seventy six (76) persons are foreigners. Six (6)

of the seven (7) foreigners are Nigerien while the remaining one (1)

is a Tchadian. Two (2) of the six (6) Nigerien came into the country

illegally through Maigateri border in Katsina State while one (1)

came in through Kongonon border. The remaining three (3) came to

Nigeria through Baban Mutum also in Katsina State. He said all

these foreigners came into Nigeria before 28th November, 2008.

The witness blamed the influx of foreigners into Nigeria on the

porous nature of the Nigerian borders and stated that it was for this

reason that the Nigeria Immigration High Command proposed to the

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Federal Executive Council the construction of 147 passport control

plazas across the recognised borders posts in the country. He

urged this Commission to recommend to the Government to start

the construction of these passport control plazas immediately to

curtail illegal immigration across the porous Nigerian borders.

The Commission thinks that though the Nigeria Immigration

Service, Plateau State Command is not in a position to monitor the

influx of foreigners at the border, the Commands at these borders

can do so while Plateau State Command can at least monitor and

repatriate those illegally residing within Jos city.

As for the construction of passport control plazas across the

recognised border posts in the country, the Commission agrees

entirely with the suggestion of Nigeria Immigration Service that this

be done forthwith. This will go a long way to curtail illegal

immigration across the Nigerian borders.

4.2.7 Alhaji Yahaya Karaku, Executive Chairman, Okene Local Government Area.

Alhaji Yahaya Karaku, the former Executive Chairman of Okene

Local Government Area of Kogi State was mentioned in three

memoranda as one of the persons indirectly responsible for the Jos

Unrest of 28th November, 2008. The memoranda that mentioned the

former Chairman are as follows:

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Memorandum JCI/J/137/2009 by P.D.P Elders Northern Zone

Forum Plateau State. This memorandum was presented on behalf

of the P.D.P Elders Northern Zone Forum by Dr. Jonah Madugu on

the 25th day of February, 2009. He testified as Commission witness

No.7(CW7).The witness stated in page 14 -15 of the memorandum

(Exhibit JCI/J/137/2009/1) that:

“after the violence was brought under control, a band of 26 mercenaries called “Miyetti Allah Danga Vigilante Security”, a body said to be registered with Bauchi State Government .....came into the Town of Jos few hours into the curfew, in a convoy of a bus with the inscription Okene Legislative Council….. In their luggages were firearms (including Military “prohibited” ones), Army, Police and Anti riot Mobile Police uniforms, army and Police identity cards...........”

He then told the Commission that upon their arrest by the

Soldiers, the mercenaries when paraded on the Local TV Stations

and they confessed that they had been on vigilante operation in

Okene L.G.A at the invitation of the Council Chairman. The witness

went further to conclude that the only reason for their being in Jos

at the time was to cause violence on the innocent citizens of Jos

and further fuel the already restive situation in the city.

Memorandum JCI/J/206/2009 by Da Ezekiel J. Choji. This

memorandum was presented on the 16th day of June, 2009 by Da

Ezekiel Choji Dawang Joh who testified as Commission witness 99

(CW99). This memorandum (Exhibit JCI/J/206/2009/1) at page 17

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made reference to the case of the celebrated 26 “mercenaries”

whom the Okene Local Government Chairman was linked with and

the Commissioner of Police claimed knowledge. He lamented the

alleged treatment the “26 mercenaries” got. According to the

witness, the 26 mercenaries who were arrested in Jos on the 26th

day of December, 2008, were given presidential treatment as they

were transferred from Jos to Abuja to be tried outside the place

where the crime was committed.

Memorandum JCI/J/207/2009 by Sunday Kasuwa Bwoi. This

memorandum was heard on the 16th June, 2009 with Mr. Sunday

Kasuwa Bwoi himself testifying as Commission witness 103

(CW103). The Witness at page 6 of the memorandum (Exhibit

JCI/J/207/2009/1), stated among other things that:

“Alhaji Karaku stunned the world when he openly laid claim to the fact that the 26mercenaries intercepted and arrested in Jos were indeed his vigilantes hired from neighbouring Bauchi State to help him fight the menace of armed robbers in his Local Government Area speaks volumes of the extent of those externally involved in the planning, executing and fuelling the crisis..........”

The witness in his oral evidence told the Commission that he

mentioned Alhaji Karaku because he was the chairman of Okene

Local Government Area and tendered a News paper publication to

this effect. See Verbatim Report of the proceedings of the

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Commission for 16th June, 2009. The Commission invited Alhaji

Karaku to appear before it on the 30th July, 2009 and defend himself

and his Local Government of these allegations.

Alhaji Karaku was represented by a Counsel, one Yakubu

Shaibu Esq., who filed a written response on behalf of his client.

The written response was tendered and admitted in evidence as

Exhibit SF 1. The Chairman in his response denied the allegations

and contend that he did not arm or facilitate the arming of any

person or group of persons to cause crisis in Jos. He said when he

became the Chairman of Okene Local Government in April, 2008 he

was informed of the existence of a joint Police/Vigilante Group that

patrols all the Federal Highways within Okene Local Government for

the purpose of combating the activities of armed robbers and cattle

rustlers.

Alhaji Karaku added that on the request of the Commissioner

of Police, Kogi State, the Council renders what ever assistance it

could to the group for the effective performance of their duties.

According to the former Chairman, the Vigilante group was given

Okene Legislative Council’s bus being used by the group at the time

of their arrest in Jos after their bus got burnt and the Commissioner

of Police Kogi State wrote requesting for a vehicle to assist the

group. He denied all the allegations levelled against him and stated

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that none of the persons that made the allegations had any personal

contact with the alleged arrested “mercenaries” as these allegations

were based on Newspaper reports. He urged the Commission to

disregard all of them. In proof of his defence, the former Chairman

attached to his response the following documents:

a) Copies of The Daily Trust and The Nation Newspapers of January, 2009 where the alleged call for the arrest and prosecution of the Chairman was made by the Plateau State Government.

b) Copy of a letter dated 27th Feb.2009 from The Assistant Commissioner of Police, “B” Department Operations, The Nigeria Police Headquarters, Lokoja, Kogi State to the Chairmen, Okene/Adavi L.G.As Titled “ Request for Assistance and signed by one Ibezimako Aghanya, Commissioner of Police, Kogi State Command, Lokoja.

c) A letter dated 5th January, 2009 from CP Ibezimako Aghanya, the Commissioner of Police, Kogi State, to the Commissioner of Police, State Command Headquarters, Nigeria Police, Jos, Plateau State, titled “RE: ARREST OF ALHAJI HASSAN AND TEAM.

d) A letter dated 4th November, 2008 from The Commissioner of Police State Command Headquarters the Nigeria Police , Lokoja , Kogi State to Hon. Yahaya Abubakar Karaku. Executive Chairman, Okene Local Government Area, Kogi State Titled “Re: Allowance For Police Special Squad, Mobile Policemen and Non-Indigene Vigilante Groups” and finally

d) A letter from the Kogi State Government of Nigeria, Government House, Office of the Special Adviser to the Executive Governor dated 22/09/2009 and addressed to all Chairmen, Local Government Areas, Kogi State titled Maintenance of Vigilante Group/Neighbourhood Security in The State.”

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In view of all these explanations, the Commission is satisfied

with the defence of Alhaji Yahaya Abubakar Karaku, and finds no

evidence of his culpability or complicity in the Jos Unrest of 28th

November, 2008. The letters have shown that his action of giving

the Bus belonging to Okene Legislative Council to the Vigilante

Group in which they were arrested in Jos on the 26th day of

December, 2008 was strictly based on existing security

arrangements in the State before his assumption of Office in April,

2008 as the Executive Chairman of Okene Local Government Area.

The Kogi Police Command admitted equipping the Vigilante

group with arms and ammunition. This is perhaps where the

illegality should be looked at. Such a trend in the country may lead

to the official sponsorship of criminals in the name of working with

vigilante groups to fight crime in the Country. The activities of the

Vigilante Group should be investigated.

4.2.8 The Governor of Plateau State, Da Jonah David Jang and Government of Plateau State.

The Governor of Plateau State, Da David Jonah Jang and the

Plateau State Government were mentioned in a few of the

memoranda presented before the Commission as persons and

institutions indirectly responsible for the Jos Unrest of 28th

November, 2008. The allegations against them bother on security

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lapses and “shoot-on-sight” order allegedly issue to the security

forces. These allegations are contained in memorandum

JCI/J/147/2009 presented to the Commission by Human Rights

Watch. The organisation alleged that there were arbitrary killings by

the security forces following a “short-on-sight” order by Governor

Jonah David Jang of Plateau State leading to at least 118 cases of

alleged arbitrary killings. Human Rights Watch stated on page 5

paragraph 3 of its memorandum as follows:

“Plateau State Governor Jonah Jang issued a public statement on November 28 announcing a dusk-to-dawn curfew and warning citizens that security forces were under orders to return “fire for fire”. The following day, November 29, the Governor imposed a 24 hour curfew in the worst affected neighbourhoods and issued a “shoot-at sight order” to security personnel. .......”

According to Human Rights Watch, while most of the inter-

communal violence documented by Human Rights took place on

November 28, the vast majority of the alleged killings by the Police

and Military were carried out on November 29, the same day the

Governor issued the “shoot–on –sight order”. He expressed that this

was also the accusation of the Hausa/Fulani against the Governor.

It was as a result of this allegation of arbitrary killings by the security

forces that the Hausa/Fulani accused the Governor of genocide and

claimed they have reported him to the World Court. The

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allegation of the Hausa/ Fulani against the Governor is in every

material particular same as these allegations made by Human

Rights Watch.

Based on these allegations, the Commission invited the

Government of Plateau State to appear before it on the 7 th day of

August, 2009 and respond to this allegation against the Governor

and the State. The Government of Plateau State filed a written

response to these allegations and was presented by Mr. Samson

Jidauna Dimka, Secretary to the State Government. He testified as

Commission witness 213 (CW213) and denied all the allegations

against the Governor and Government of Plateau State. He told the

Commission that the Governor of Plateau State, Da David Jonah

Jang, and the Plateau State Government are not responsible for the

Unrest of 28th November, 2009. According to Mr. Dimka, the

Governor does not have power under the constitution to issue a

shoot- at- sight order to any security personnel in the country and

therefore did not issue any such order. He further stated that what

the Governor stated in his address to the people of Plateau State

following the civil disturbances in Jos on Friday 28th November,

2008 was that:

“security details are under instruction to return fire-for-fire from any person or group of persons disturbing the peace. It is this Statement of the Governor, he said,

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that some persons have mischievously misconstrued to mean “shoot-at-sight order” To substantiate this assertion, the witness attached to the

written response, a copy of the address of the Governor in question

as annexure ‘C1.’

The witness went on to furthermore the Commission that:

“the Governor, as a retired Senior Military Officer who is well aware of the workings and operational detailing of security forces on internal Security Operations, and conversant with the provisions of Section 215 sub-section 4 and Section 218 of the 1999 Constitution of the Federal Republic of Nigeria which spells out the power of the Governor in relation to the Commissioner of Police and that of the President in deploying the Armed Forces, could not have assumed power not bestowed on him by the Constitution by issuing a shoot- at- sight order to the Police and Military Personnel as alleged by the Human Rights Watch”.

The witness pointed out the fact that though Governor Jang is

the Chief Security Officer in Plateau State, the Police and Military

are Federal Security Forces under their respective hierarchy at the

Federal level of the Government. The questions now is whether

indeed Governor Jonah David Jang issued a shoot-on-sight order

to the security forces during the Unrest of 28th November, 2008? In

the first place, the allegation by Human Rights Watch that Governor

Jonah David Jang issued a shoot-on-sight order has not been

substantiated. The statement containing this alleged order has not

been produced before the Commission. While being cross

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examined by the Lead Counsel to the Commission, Mr. Eric

Guttschuss (C.W 195) who presented the memorandum of Human

Rights Watch stated that he had not seen the statement containing

the allege shoot-on-sight order. There is therefore no evidence to

substantiate this allegation that the Governor in a statement gave

security forces a shoot-on-sight order. It is not in doubt at all that

the Police and Military are Federal establishments under the

command of the President and Commander-in-Chief of the Armed

Forces and not a state Governor. Since there is no evidence to

substantiate this allegation, the Commission has no difficulty at all in

coming to a conclusion that the Government did not issue a shoot-

on-sight order. In any case, the security forces have categorically

denied ever receiving any shoot-on-sight order by the Government.

C.W.195 who presented memorandum JCI/J/147/2009 stated

therein as follows:

“Senior Police and Military authorities interviewed by Human Rights, however, denied having received or carried out an order to shoot- on- sight. The Nigerian army spokesperson, Brigadier General Emeka Onwuamaegbu, told Human Rights Watch “it is one thing for a political leader to issue an order , another for those of us implementing it.... our soldiers went out with very strict instruction to use minimum force and follow the rule of engagement”. The Assistant Commissioner of Police in charge of Operations

in Plateau State , Oga Ero, told Human Right Watch:

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“there was no order by my officers to shoot on sight as far as I was aware of”.

This piece of evidence was further corroborated by the former

Commissioner of Police, Plateau State ,CP. Samson V. Wudah, who

appeared before the Commission on 5th August ,2009. The former

Commissioner, who testified as Commission witness 212 (CW212)

stated emphatically that Governor Jonah David Jang has no powers

to issue a shoot-on-sight order to the Police and the Police did not

take any such an order from the State Governor.

According to C.W 212, the Police receives its instructions from

the Inspector General of Police and not the State Governor.

As far as the Commission is concerned, the allegation that the

Governor issued a shoot-on-sight order to the security forces

remains unproved and is not worthy of further consideration.

On the allegation that there were security lapses on the part of the

Government of Plateau State, CW213, denied that there were

security lapses on the parts of Government.

The witness at page 3 paragraphs 3.5 and 3.6 of the written

response chronicled the security steps taken by the Government of

Plateau state prior to the Local Government Elections held on 27 th

November, 2008 to ensure that the said Elections were held

peacefully . The witness stated as follows:

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“…… in preparing for the November, 27 2008 election, the security situation was carefully assessed and appropriate measures put in place to guarantee a successful and hitch free election. The State Security Council reviewed events and the security situation at the period preceding the elections and at its meeting of 24th November, 2008, took a decision to conduct the election. The government had acquired over 40 patrol vehicles equipped with communication gadgets for joint Operation Teams.............”

The witness further stated that:

“when Government was satisfied with the arrangement made by PLASIEC, the Security Council took all the necessary measures by way of Security deployment and logistics to facilitate a hitch- free State-wide election”.

The minutes of the Security Council meeting of 24th

November, 2008 was attached to the written response of the

Government and marked as annexure `A’. CW.213 further informed

the Commission that the Government at about midnight of the day

of the election received information that some youths had

converged to set up illegal road blocks, burn fires and barricades

around strategic locations along Bauchi road area in Jos North

despite the peaceful and successful conduct of the election and

when residents began to call the attention of security agents,

Government immediately despatched the joint operation security

team of the Police, Air force and Army who instantly and

successfully dispersed the unruly youth.

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The witness also informed the Commission that when the

Government at about 2.00 am received other reports suggesting

that a series of unprovoked violent attacks were being orchestrated

by a band of youths coming from the Ali Kazaure ward of Jos North

allegedly protesting the “outcome” of the election results in Jos

North, the Government once again immediately alerted the Joint

Operation Security Team of this latest development.

Finally, the witness told the Commission in paragraph 3.18

thereof that upon the receipt of the intelligence reports referred to

above, the Government directed the relevant security agencies to

arrest the culprits and have them prosecuted. In proof of this

averment, the witness referred the Commission to Annexure “C”

which is the minutes of the Security Council meeting PSSC 021,

2008 of Monday, 08, 2008 which was attached to the written

response.

The Commission has carefully and meticulously gone through

all the annexures attached to the written response of CW213 and

found that the various security reports received from SSS,

confirmed to the Government that adequate security arrangements

were on the ground for the conduct of a peaceful Local Government

elections of 27th November, 2008 and also to contain any likely up

rising during or after the election and also that the Governor and

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Government of Plateau State took numerous adequate and timely

security measures to protect lives and properties of its citizens

before and after the eruption of the Unrest of 28th November, 2008.

The Commission therefore, finds that the Government of Plateau

State and the Governor are not liable for any wrong doing regarding

security lapses on their part in relation to these allegations.

4.2.9 Alhaji Ibrahim Mantu, Former Deputy Senate President.

Alhaji Ibrahim Mantu, the former Deputy Senate President of the

Federal Republic of Nigeria was mentioned in memorandum

JCI/J/207/2009 as one of the persons indirectly responsible for the

Jos Unrest of 28th November, 2008. The memorandum was

presented to the Commission by Sunday Kasuwa Bwoi and was

heard by the Commission on 16th day of June, 2009 with Mr. Sunday

Kasuwa Bwoi testifying as Commission witness 103 (CW.103).

Although the witness did not state the role Alhaji Ibrahim Mantu

played in precipitating the Unrest he told the Commission in his oral

evidence that he mention Mantu because of revelations from

Mantu’s ADC who served under him for 7 years. The former ADC

granted an interview which was published titled “Mantu is behind

most of Jos crisis”. He also told the Commission that he had

expected Mantu to have refuted the allegations in that interview but

he did not which meant that what his ADC said was true. CW103

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said Mantu himself confirmed what his ADC said to be true when he,

Mantu referred to what the ADC said as a “betrayal.”

To prove this allegation, witness CW103 requested that the

former ADC, Alhaji Abubakar Dashe and Alhaji Ibrahim Mantu

himself be called to appear before the Commission and give

evidence. The Commission invited Alhaji Ibrahim Mantu and Alhaji

Abubakar Dashe to appear before the Commission. Alhaji Ibrahim

Mantu failed to appear before the Commission as requested but

Alhaji Abubakar Dashe appeared before the Commission on the 28th

day of July, 2009. Alhaji Abubakar Dashe testified as Commission

witness No.204 and confirmed that he actually granted the interview

in the Leadership Newspaper of March 8, 2009. A copy of the

Leadership Newspaper of March 8, 2009 containing the interview

published was tendered and admitted in evidence as Exhibit.SC.1.

While answering a question put to him by the lead Counsel to the

Commission, C.W 204 stated that Ibrahim Mantu was behind most

of the crisis in Jos. He proceeded to tell the Commission among

other things that as ADC to Mantu, he heard him on several

occasions inciting people thus “go and fight for your right, go and

resist”. According to CW 204, a personality like Mantu should not

use such inciting words. The witness told the Commission that from

his experience as ADC to Senator Ibrahim Mantu, he knew that

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most of these crises, especially in Jos North were fuelled by

Politicians like Mantu. He said whenever Ibrahim Mantu lost an

election, he would create problems using religion. That was the

evidence against Senator Ibrahim Mantu, former Deputy Senate

President of the Federal Republic of Nigeria.

A careful review and consideration of the totality of the

evidence adduced against the former Deputy Senate President,

revealed that nothing concrete was established against him,

suggesting that he precipitated the Jos Unrest of 28th November,

2008. The witness did not tell the Commission where, when and to

whom the inciting words were used by the Senator Ibrahim Mantu,

or that Mantu had a hand in the mayhem which occurred in Jos on

the 28th November, 2008. However, for the sake of the overall

security and well being of the State, the Commission advices

Government to watch and monitor the activities of Senator Ibrahim

Mantu in view of the evidence that whenever he lost an election, he

would cause trouble using religious sentiments. The Police should

investigate his activities

4.2.10 Alhaji Sale Hassan:

Alhaji Sale Hassan, Hausa/Fulani Community leader in Jos

North was also mentioned by some memoranda and witnesses

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who testified before the Commission as being indirectly responsible

for the Unrest. The Memoranda are:

(i) Memorandum JCI/J/91/2009 by Sunday Gomper of School of

Technical Education Plateau State Polytechnic, Barkin Ladi. This

memorandum was presented by Mr. Sunday Gomper himself on

the 19th day of March, 2009. He testified as Commission Witness 26

(CW 26). On page 20 of the said memorandum (Exhibit

JCI/J/91/2009/1), the witness identified Alhaji Sale Hassan, as

arrow head of the mayhem of 28th November, 2008 and stated

therein that it would be necessary for the Commission to invite him

to appear before it.

(ii) Memorandum JCI/J/78/2009 by Kuru Community, Jos South

Local Government, Plateau State. The memorandum was

presented on behalf of the Community Mr. by Samuel Dung Davou

on the 27th day of March, 2009. He testified as Commission

witness 44 (CW44). The witness on page 12 paragraph (j) of the

memorandum (Exhibit JCI/J/78/2009/1) mentioned Alhaji Sale

Hassan as one of the persons to be invited to appear before the

Commission to defend the role he played in respect of the Unrest of

28th November, 2008 because in 1987, Alhaji Sale Hassan vide the

Reporter Newspaper of Tuesday, October 13, 1987 called on the

Jasawa youths to rise up and recover Jos ruler ship and that ever

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since then, Jos has never known peace. The witness referred the

Commission to Newspaper in question which was attached to

memorandum JCI/J/78/2009 as Appendix 9.

The Commission invited Alhaji Sale Hassan to appear before it

and respond to this allegation but he failed to appear. The

Commission considers this as an unfortunate development. The

Commission has thoroughly reviewed all the evidence against Alhaji

Sale Hassan and found that he vide the Reporter Newspaper of

Tuesday, October 13, 1987 urged the Jasawa youths to rise up

and recover the rulership of Jos Town (See Appendix 9) and ever

since then Jos has not known peace. The witnesses also referred

this Commission to the previous Reports on Jos crisis, particularly,

those of Hon. Justice J. Aribiton Fiberesima’s Commission of Inquiry

into the Jos Riots of 12th April, 1994 and Hon. Justice Niki Tobi’s

Commission of Inquiry into the Civil Disturbances in Jos and

Environs on 7th September, 2001. The Commission went through

these Reports and found that indeed the name of Alhaji Sale

Hassan appeared severally in Hon Justice J. Aribiton Fiberesima’s

Report of 1994 as a founder of the troublesome Jasawa

Development Association responsible for all the crisis in Jos. (See

pages 27, 28 and 29 of the said Report). The Commission further

observed that in the Report of Hon. Justice Niki Tobi Commission,

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Alhaji Sale Hassan was not spared either. His name came up once

again in connection with the activities of Jasawa Development

Association which was held responsible for the 2001 Disturbances

in Jos and its Environs . Alhaji Sale Hassan was described in the

Report as the “mentor or sponsor of the Association.” Although he

was not directly linked to the present Unrest.

The Commission is of the view that the activities of Alhaji Sale

Hassan particularly in connection with the Jasawa Development

Association should be closely monitored by the Government. He

should be invited by the Police for a full investigation and report

about his activities particularly in connection with Jasawa

Development Association and the findings should be made available

to the SSS.

4.2.11 Sheikh Sani Yahaya Jengre:

A Muslim Cleric, Sheikh Sani Yahaya Jengre was mentioned

in many memoranda presented before the Commission as one of

the persons indirectly responsible for the Jos Unrest of 28th

November, 2008, for his very inciting preaching. Some of these

memoranda are as follows:

(i) Memorandum JCI/J/77/2009 by Honourable Francis Tadi Gazu.

The memorandum was presented by Hon. Francis Tadi Gazu on 2nd

day of April, 2009. He testified as Commission witness 69 (CW69).

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The witness at pages 9 and 10 of Exhibit JCI/J/77/2009/1 accused

Sheikh Sani Yahaya Jengre as one of the persons responsible for

the Jos Unrest of 28th November,2009. The witness is of the firm

view that if anyone was to be held responsible for the Unrest, it was

Sheikh Sani Yahaya Jengre. The reason for his assertion is that

Sheikh Sani Yahaya Jengre’s sermons to the Muslim Ummah was

very inciting, intolerable and outright misrepresentation of facts. The

witness further stated at page 5 of Exhibit JCI/J/77/2009/1 that

Sheikh Sani Yahaya Jengre’s sermon were full of intolerance for the

natives host of Berom, Anaguta and Afizere people. The witness

gave an instance of the intolerance displayed by the Sheikh in his

preaching by referring the Commission to the said sermon, where

the Mallam warned the Governor of Plateau State not to install a

Berom man as Chairman of Jos North and went on to dare the

Governor that if he does that, he would face dire consequences.

The witness also told the Commission that Sheikh Sani Yahaya

Jengre grossly mispresented facts when he told his congregation in

his sermon that they constituted eighty percent of the population of

Jos North. The witness went further to state that since the

supporters of the said Sheikh Sani Yahaya Jengre are

predominantly illiterates, they agreed totally with him and had every

reason to riot when they were told that a mere twenty percent

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population had been declared winners’. See pages 4, 5, 6 and 7 of

Exhibit JCI/J/77/2009/1.

These utterances and the circumstances in which they were uttered

are sufficient to trigger an Unrest:

iii) Memorandum JCI/J/91/2009 by Sunday Gomper (CW26) of

School of Technical Education Plateau State Polytechnic Barkin

Ladi. This witness listed Shiekh Yahaya Jengre as one of the

persons that should be held responsible for the Unrest and

recommended very strongly that his activities be investigated but did

not state any reason to support his assertion.

(iv) Memorandum JCI/J/207/2009 by Mr. Sunday Kasuwa Bwoi,

this memorandum also mentioned Sheikh Yahaya Jengre as one

of the persons indirectly responsible for the Jos Unrest of 28 th

November, 2008. At page 5 of the memorandum (Exhibit

JCI/J/207/2009/1), the witness who testified as C.W 103 listed

Shiekh Sani Yahaya Jengre as one of the persons he regarded as

prime suspects responsible for the Jos Unrest of 28th November,

2008,

(v) Memorandum JCI/J/152/2009 by Berom Forum, Chwelnyap.

This memorandum was presented by John Pam Choji on behalf of

the Forum on the 25th day of March, 2009. He testified as

Commission witness 37(CW37). On pages 1 and 2 of the

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memorandum (Exhibit JCI/J/152/2009/1), the witness referred to

provocative sermons by Muslim Ulamas and cited an example of a

recent sermon preached by Shiekh Sani Yahaya Jengre, which

according to the witness, was:

“quite inciting against adherent of other faith and contributed to the mayhem......” .

(vi) Memorandum JCI/J/65/2009 by Berom Patriotic Forum in

Tertiary Institutions of Plateau State: This is one of the memoranda

that also pointed out Shiekh Sani Yahaya Jengre as one persons

indirectly responsible for the Jos Unrest of 28th November, 2008.

This memorandum was presented on behalf of Patriotic Forum by

Dalyop Danladi Mancha, the Chairman of the Forum on the 25th day

of March, 2009. He testified as Commission witness 35 and

accused Sheikh Sani Yahaya Jengre because of his inciting

preaching contained in some cassettes being circulated in Jos city

prior to the Unrest.

(vii) Memorandum JCI/J/136/2009 by Berom Parliamentary Forum,

No. 10 Madu Road, Du. This memorandum was presented on the

19th day of March, 2009 by Mr. Toma Jang Davou on behalf of the

Forum. He testified as Commission witness 28 (CW28). On page

10, paragraph 6 of the memorandum (Exhibit JCI/136/2009/1), the

witness recommended the trial of Sheikh Sani Yahaya Jengre for

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causing the Jos riots which resulted in deaths and destructions of

wealth by his war propaganda. The witness in order to prove this

allegation tendered in evidence a cassette he called “Sheikh Sani

Yahaya Jengre “ cassette of war propaganda”. The Commission has

carefully listened to the preaching and found the message contained

in the preaching to be quite inciting and inflammatory.

The Commission in view of these evidence invited the said

Sheikh Sani Yahaya Jengre to appear before it on the 24th day of

July, 2009 and respond to these weighty allegations against him but

he failed to appear as requested. The evidence against Shiekh Sani

Yahaya Jengre is overwhelming and the Commission is of the view

that it constitutes some of what triggered off the Jos Unrest of 28th

November, 2008. The Commission finds that he was indirectly

responsible for the Jos Unrest of 28th November, 2008. He should

therefore be investigated by the Police and prosecuted for his role

in aiding and precipitating the Unrest.

4.2.12 Idris Ibn Mohammed and 4 others

Idris Ibn Mohammed, Sheikh Mohammed Usman Kano, Alhaji

Salisu Mohammed, Mallam Idris Abdul , Barrister Ahmed S. Garba

and Mohammed Adam: These persons were all mentioned in some

memoranda presented before the Commission. Memorandum

JCI/J/78/2009 by Kuru Community Jos South Local Government

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Council, Plateau State. This memorandum was presented on behalf

of the Community by Mr. by Samuel Dung Davou on the 27th day of

March, 2009. He testified as Commission witness 44 (CW44). The

witness on page 12 paragraph (j) of the memorandum (Exhibit

JCI/J/78/2009/1) recommended that these men, Idris Ibn

Mohammed, Sheikh Mohammed Usman Kano, Alhaji Salisu

Mohammed, Mallam Idris Abdul and Barrister Ahmed S. Garba be

invited to appear before the Commission to explain their roles in the

Unrest in Jos considering their write-ups in three documents he

attached to memorandum JCI/J/98/2009. The three documents

were tendered in evidence before the Commission and were

admitted in evidence as follows:

(a) A document titled “Association for Establishment of Islam In Jos Town” endorsed by Alhaji Salisu Mohammed and Mallam Idris Abdul, Exhibit JCI/J/78/2009/1.

(b) A Document titled “Which are the Tribes Contesting For Ownership of Jos” (from YANCI) Exhibit JCI/J/78/2009/3.

(c) Another document titled “JASAWA MUSLIMS” endorsed by Sheikh Mohammed Usman Kano, Exhibit JCI/J/78/2009.

According to C.W 44, these documents are inciting and

misleading. The witness insisted that the above named persons be

brought to the Commission to explain their roles in the Unrest of 28 th

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November, 2008 being authors of the alleged inciting and

misleading documents

(i) Memorandum JCI/J/149/2009 – Laranto Berom Community.

This memorandum was presented by John Rapp on the 27 th of

February, 2009 on behalf of the Community. He testified as

Commission witness 13 (CW 13). At page 9 of the memorandum

random (Exhibit JCI/J/149/2009/1), the witness mentioned One Idris

Ibn Mohammed as one of the persons responsible for fuelling the

crisis by making inciting publications (See the verbatim report of the

Commission’s proceedings for 27th March, 2009. In his evidence

before the Commission, C.W 13 specifically mentioned the roles of

the above listed persons played in the Jos Unrest of 28th November,

2008.

The witness stated that Idris Mohammed role in the Jos Unrest

was his authorship of a document titled “why we must carry out

Jihad”. As for Sheikh Mohammed, the witness said he called on

members of Jasawa Development Association to ensure that

Muslims should by all means become Chairman of Jos North. To

buttress this assertion, the witness tendered in evidence a

document addressed to members of Jasawa Development

Association which was admitted in evidence and marked as Exhibit

JCI/J/78/2009/4, Exhibit JCI/J/78/2009 is a wake up call to all

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members of Jasawa Development Association to rise up and fight

for a take over of Jos North.

A careful perusal of Exhibit JCI/J/78/2009/4 shows that it

bears the name of Sheikh Mohammed Usman Kano but was not

signed and is undated. However, in view of the facts that the

contents of the publications are highly provocative, the Commission

urges the Police to thoroughly investigate this allegation and get to

the bottom of how the publication came about. If Sheikh

Mohammed Usman Kano is identified and he is indeed the author,

he should be prosecuted.

The witnesses also mentioned Alhaji Salisu Mohammed and

Mallam Idris Abdul because they were signatories to Exhibit

JCI/J/78/2009/2, a document emanating from “Supreme Council

for the Actualisation of Sharia in Nigeria”. The document is a

clarion call upon all Muslims in Nigeria to make financial

contributions towards a take over and islamization of Jos.

The Commission has carefully read and examined Exhibit

JCI/J/78/2009/2 and has seen that the document is dated 11th May,

2002 and indeed signed by Alhaji Salisu Mohammed and Mallam

Idris Abdul. Though the document precedes the Unrest of 28th

November, 2008, the contents and message in the document fits

appropriately into the circumstances of the Unrest of 28th November,

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2008. The Commission recommends that Alhaji Salisu Mohammed

and Mallam Idris be identified and prosecuted for writing inciting and

provocative materials.

As for Barrister Ahmed S. Garba, C.W 13 alleged that he

wrote and published a fabricated and inciting document tendered

and admitted in evidence as Exhibit JCI/J/78/2009/1. Barr. Ahmed

S. Garba was invited to appear before the Commission and respond

to the allegation against him but he failed to appear before the

Commission. The witness as well accused one Mohammed of

publishing exhibit JCI/J/78/2009/5 which according to him is biased

and inciting.

The Commission after a careful consideration of the totality of

materials and evidence placed before it found that all the write ups

attributed to these men are quite inciting and capable of breaching

the peace in Jos North Local Government. These inciting materials

constitute a permanent source of conflict in the minds of the youth

who are leaders of tomorrow. Indeed, publications of offensive

materials like these cannot enhance peaceful co-existence. It will

rather continue to inflame passions. In order to encourage peaceful

co-existence among residents of Jos, the Police should thoroughly

investigate the sources of these inciting and provocative publication

in order to bring the culprits to book. This will go a long way in

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calming nerves and further foster peaceful co-existence among

residents of Jos.

4.2.13 Alhaji Kega

The name of Alhaji Kega of Kega Motors was mentioned in

memorandum JCI/J/149/2009 presented by Laranto Berom

Community as one of the persons indirectly responsible for the Jos

Unrest of 28th November, 2008. This memorandum was presented

by John Rapp. On page 9 of the memorandum (Exhibit

JCI/J/149/2009/1) he stated that Alhaji Kega was one of the persons

that might be responsible for the Jos Unrest of 28th November 2008.

The witness stated that prior to the Unrest,

“it noticed unusual influx of aliens especially, youths into Jos. They were of Northern Descendants and their presence was noticed around Alhaji Kega’s (Kega’s motors) residence around Corner Shagari ”.

For this reason, the witness described Alhaji Kega as “a chief

suspect who supported the crisis” The Commission recommends

that the activities of Alhaji Kega be investigated by Security

Operatives. He should be able to tell the Police who were those

aliens in his house and where they were from and what they were

doing in his house at the relevant period.

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4.2.14 Alhaji Danladi Pasali, former P.D.P Chairmanship

aspirant for Jos North.

Memorandum JCI/J/126/2009 by Girin District Community.

This memorandum was presented by Mr Pius Benjamin Dung, the

secretary of the Community on behalf of the Community on the 23rd

day of March, 2009. He testified as Commission witness 31 (CW31).

At page 4 of the memorandum (Exhibit JCI/J/126/2009/1), the

witness mentioned the name of Danladi Pasali as one of the

persons responsible for the Jos Unrest of 28th November, 2008. The

witness accused Alhaji Danladi Pasali because of his displeasure

over what the witness described as “Hausa loss of the candidacy of

Governorship”. This he said was reflected in an interview Alhaji

Danladi Pasali granted the Daily Trust Newspaper of Monday, 26th

January, 2009, titled “No Hausa man will leave Jos North” The

witness further stated that the language used by Danladi Pasali

shows that he was aggrieved and could do anything to disrupt the

process of the election or better still join forces with any group to

ensure that hell broke loose.

The Commission carefully read the interview in question and

found that the language used by Danladi Pasali shows that he was

aggrieved and could do anything to disrupt peace in Jos.

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Another memorandum mentioned Alhaji Danladi Pasali is

memorandum JCI/J/95/2009 by The National Association of Afizere

Youth Movement. This memorandum was presented by Yakubu

Ashoms on behalf of the Association on the 8th day of April, 2009.

Mr. Yakubu Ashoms testified as Commission witness 97 (CW 97).

On page 19 of the memorandum (Exhibit JCI/J/95/2009/1), the

witness named Danladi Pasali as one of the persons indirectly

responsible for the Jos Unrest of 28th November, 2008. The

allegation against the said Danladi Pasali was based on an open

letter written to the presidency by the Plateau PDP Muslim forum

published in the Daily Trust of 3rd February, 2009. In view of all

these allegations, the Commission invited Alhaji Danladi Pasali to

appear before it and defend himself, but he failed to appear.

Since Alhaji Danladi Pasali refused to appear before the

Commission and respond to the allegations made against him, the

Commission in view of the gravity of the allegation against him, is of

the view that Alhaji Danladi Pasali should be invited by the Police

and investigated for any complicity in the Jos Unrest of 28

November, 2008 and if sufficient evidence is established against

him, he should be prosecuted and punished accordingly.

4.2.15 ANPP Chieftain: Hon. Nazifi Yusuf and Mohammed

Sani Mudi. These men were also mentioned in numerous

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memoranda presented and by witnesses who gave evidence before

the Commission.

(i) Memorandum JCI/J/58/2009 by The Berom Community

Development Association Janda ( Fudawa). The memorandum was

presented by one Anthony Gyang Bot on behalf of the Association

on the 19th day of March. He testified as Commission witness 29

(CW29). On pages 9 and 10 of the memorandum (Exhibit

JCI/J/58/2009/1), the witness mentioned ANPP Chieftain, Nazifi

Yusuf and Mohammed Sani Mudi as those indirectly responsible for

the crisis. According to the witness, his view is predicated upon the

evidence the two men, gave before the House of Representatives

Ad-hoc Committee on the Jos Unrest of 28th November, 2008 to the

effect that “the crisis of 28/11/08 followed their protest against

attempts to change the results at the collation centre. The witness

then called on the Commission to invite them to come and explain

their roles in the Unrest.

(ii) Memorandum JCI/J/95/2009 by The National Association of

Afizere Youth Movement. This memorandum was presented by

Yakubu Ashoms on behalf of the Association on the 8th day of April,

2009. Mr. Yakubu Ashoms testified as Commission witness 97 (CW

97). At page 19 of memorandum (Exhibit JCI/J/95/2009/1), the

witness named Hon. Nazifi Mohammed as one of the persons

245

directly responsible for the Jos Unrest of 28th November, 2008. The

allegation against the said Hon. Nazifi Mohammed is based on his

alleged statement that if the Candidate of ANPP was not declared

winner of the Chairmanship election in Jos North hell would be let

loose. Hon. Nazifi Mohammed was invited to appear before the

Commission on the 21st day of July, but he failed to do so.

(iii) Memorandum JCI/J/126/2009 by Girin District Community. This

memorandum was presented by Mr Pius Dung, the Secretary of the

Community on behalf of the Community on the 24th day of March,

2009. He testified as CW 31. On page 4 of the memorandum

(Exhibit JCI/J/126/2009/1), the witness accused Hon. Nazifi

Mohammad as one of the persons responsible for the Jos Unrest of

28th November, 2008. The witness alleged that Hon. Nazifi made a

statement during the security meeting at the Police officers mess on

the 24th of November, 2008 and stated as follows:

“ if ANPP does not win the forthcoming Election in Jos North, the town will be on fire”.

According to C.W. 31, the security meeting was preparatory

to the election of 27th November, 2008.

(iv) Memorandum JCI/J/133/2009 by Bache Development

Association of Bassa Local Government of Plateau State. This

memorandum was presented by Mr. Nuhu Ashama on behalf of the

246

Association on the 8th day of April, 2009. Mr. Nuhu Ashama testified

as Commission witness 96 (C.W96). The witness on page 8

identified Nazifi Mohammed as the person that started the Jos

Unrest of 28th November, 2009. According to the witness, there was

an eye witness account of how Nazifi started the Unrest by making

phone calls calling on some people to come out because the infidels

have won the election. This eye witness is retired CSP Sale Adudu.

Retired CSP Sale Adudu was invited to the Commission and he

gave evidence as C.W.202. In his evidence he stated as follows:

“when I got to Kabong, I met John Kenle…. So when the results were coming in, the Hausa/Fulani were leading with almost about thirty something thousand – very close to be favour of the result. But later the other results were coming from the indigenes. At about 11:00 p.m the result of the indigenes were almost fifty something thousand. Then, some of them started shouting, the arna has won the election, they have won this election”.

C.W. 202 said it was at this stage that Hon. Nazifi

Mohammed made about 10 phone calls to some unknown

persons saying:

“Ku fito, ku fito, arna sun ci zabe”Meaning“come out, come out, the infidels have won the election”

247

According to C.W 202, it was the series of alarms raised by

Hon Nazifi Mohammed to some unknown persons through phone

calls that triggered off the Unrest.

(v) Memorandum JCI/J/137/2009 PDP Elders Northern Zone Forum

Plateau State. The memorandum was presented on behalf of the

Forum by Doctor Jonah Madugu. He testified on the 25th day of

February, 2009 as Commission witness 7 (CW 7). At page 16 of the

memorandum (Exhibit JCI/J/137/2009/1), the witness identified

Honourable Nazifi Mohammed ( former member Plateau state

House of Assembly) and Honourable Aminu Baba (the defeated

PDP Chairmanship candidate for Jos North Local Government

Council) as some of the persons indirectly responsible for the Jos

Unrest of 28th November, 2008. According to C.W7, the duo

contributed in no small measure to the flaring up of nerves

penultimate the election. Furthermore, the witness alleged that the

content of the interviews granted by these individuals to the media,

print and electronic, local and international revealed that they had

the motive to instigate mayhem in the city of Jos unless Aminu Baba

of ANPP was declared winner of the Chairmanship election.

It was on the strength of these serious allegations that the

Commission invited Hon. Mohammed Nazifi to appear before it on

the 21st day of July, 2009 and respond to the allegations against

248

him. He was personally served with an invitation to appear before

the Commission. This same invitation was published in several

National Dailies. The Commissions finds that the allegations

against Hon. Nazifi are weighty and overwhelming. The

Commission recommends that he be invited by the Police and

interrogated. He should be prosecuted.

4.2.16 Alhaji Abba, Alhaji Jamil of Jamil Motors and

Ibrahim Mohammed of National Museum.

Memorandum JCI/J/67/2009 by Tekan Youth Fellowship. This

memorandum was presented on behalf of the youth fellowship by its

president, Bro. Emmanuel Nanle on the 26th day of March, 2008.

Brother Emmanuel Nanle gave evidence as C.W.41 and in his oral

testimony identified the following persons, as being directly/indirectly

responsible for the Jos Unrest of 28th November, 2008.

C.W 41 told the Commission he suspected that Alhaji Abba

and Alhaji Jamil of Jamil Motors knew something about the Jos

Unrest of 28th November, 2008 because he used to buy cars from

Alhaji Abba at Bauchi Road but few days to the Unrest, he went to

the Alhaji Abba’s car stand at Bauchi Road for the purpose of

buying a car but found that he had removed all the cars in the car

Stand .He further told the Commission that when he inquired from

the Alhaji Abba the where about of his cars, Alhaji Abba told him

249

that he had moved the cars to Abuja. The witness also told the

Commission that Alhaji Jamil also did the same which was an

indication that they had prior knowledge that there would be Unrest

in Jos North that period.

For Ibrahim Mohammed, a staff of National Museum, Jos, the

witness told the Commission that he was seen wearing army

uniform and was armed with a gun on the day of the Unrest. The

witness then urged the Commission to invite these men to appear

before the Commission to say what they know about the Unrest.

From the evidence available to the Commission, Alhaji Abba

and Alhaji Jamil were alleged to have got a prior knowledge of the

Unrest and that was why they were able to remove their vehicles

from their car stands shortly before the Unrest. The duo thus have a

strong allegations standing against them. The Commission

recommends that they be investigated.

Ibrahim Mohammed was seen wearing army uniform and was

armed on the day of the Unrest. He should be thoroughly

interrogated and prosecuted.

As for all other persons mentioned by this memorandum, no

concrete allegation has been made against them in memorandum

JCI/J/67/2009.

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4.2.17 The Council of Ulamas and Jama atu Nasril Islam

Jos North (JNI)

Council of Ulamas and Jama’atu Nasril Islam were accused of

being responsible for the Jos Unrest of 28th November, 2008 by

various memoranda presented before the Commission and

witnesses who testified in respect of these memoranda.

Memorandum JCI/J/206/2009 by Da Ezekiel D.J. Choji - This

memorandum was presented on the 16th day of June, 2009 by Da

Ezekiel Choji Dawang Joh who testified as Commission witness 99

(CW99). CW99 came down heavily on the Council of Ulamas. He

told the Commission that the Council of Ulamas:

“are preachers of hatred who use their vantage position and facilities in the Mosques to preach civil disobedience and encourage Jihadist violence using public address systems in the presence of security agents without reaction from them. Crisis of this nature has become the fastest money spinning industry, as soon as they strike, they take the bodies to the Mosques, film them and have the video posted on the internet to show the ignorant Islamic world the falsehood that Muslims are being persecuted and that needed financial and material support to fight the so called infidels.” Millions of hard currencies are sent o them to cause more havoc on the Plateau.............”

The witness then went on to say that the Council of Ulamas in

Plateau must be investigated to explain their roles in the Jos Unrest

of 28th November, 2008.

251

P.D.P Elders Northern Zone Forum Plateau State presented

memorandum JCI/J/137/2009 which was tendered in evidence and

admitted as Exhibit JCI/J/137/2009/1. The forum identified Jama’atu

Nasril Islam, Jos North as one of the groups responsible for

precipitating the Jos Unrest of 28th November, 2008 because during

the Unrest, they were busy carrying every corpse from the street

into the Central Mosque, filming same and posting the video clips

on the internet to create the impression that people were killed

inside the Central Mosque. The forum argued that the Hausa/Fulani

actually killed all these people themselves and hurriedly carried the

bodies into the Mosque for purpose of whipping up sentiments to

gain sympathy from gullible media and compounding the problem

beyond the frontiers of Plateau State. The video clip was tendered

and admitted in evidence as Exhibit JCI/J/154/2009/5 which the

Commission viewed on the 13th day of May, 2009.

The Commission invited the leaders of the Council of Ulamas

and JNI to appear before it to respond to the allegations against

them, but they failed to appear, alleging fears of bias. The

Commission after a careful study of the whole unfortunate incident

urge the Government of Plateau State to advise religions institutions

strong against fanning the embers of propaganda encourage and

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foster inter-religious dialogue among the various religious groupings

in Jos North.

4.2.18 The State Security Service (SSS) Plateau State

Command:

The State Security Services, Plateau State Command was

also accused of being indirectly responsible for the Jos Unrest of

28th November, 2008 because of its failure to give the Governor of

Plateau State an accurate report of the security situation on ground

concerning the looming breakdown of law and order in the State

prior to the Unrest in Jos North. The memorandum that alleged this

lapses against the State Security Service Plateau Command in this

regard is memorandum JCI/J/160/2009 by the Izu Umunna Cultural

Association Jos. The presenter testified as Commission witness 25

(CW 25). On page 5, paragraph (b) the association appeal to the

Commission to investigate and find if there was diligence in the

performance of duties and functions of Federal Government and

other agencies including the SSS prior to Unrest that erupted in Jos

North on the 28th day of November, 2008. In his oral evidence CW25

insisted that the SSS did not do their job hence the Unrest. He said

the SSS should be held responsible for the Unrest and should be

brought before the Commission to explain its role in the Unrest of

28th November, 2008. The Director of the State Security Command

253

was given notice to appear before the Commission on the 31st day

of July, 2009 to respond to the allegations levelled against the

service by CW25. The former Director of the State Security Service,

Plateau State Command, A.B. Charanchi who was the man on

ground prior to and during the Jos Unrest of 28th November, 2008

appeared before the Commission. In his oral submissions, he

denied that the State Security Service, Plateau Command was guilty

of any negligence of its duties. According to him, the SSS did their

job very well as it reported every security situation in Jos North and

the State at large to the Governor of Plateau State prior to the

outbreak of the Jos Unrest.

The witness further told the Commission that at various stages

prior to the Unrest, he informed the Governor of Plateau State about

the threats to peace, law and order in Plateau State, and

particularly, in Jos North Local Government Area in the following

areas:

a) Disagreement over the choice of Timothy Buba as the PDP flag bearer for the Chairmanship seat in Jos North alleging over bearing influence by the State Governor, Jonah David Jang,

b) The fielding of a Christian Vice Chairman for the PDP which introduced ethno religious political dimension into the Political situation and which also caused the disquiet as most Muslim party members

254

threatened to leave PDP or vote en-mass for the opposition parties, particularly ANPP,

c) The agitation of other political parties for lack of confidence in PLASIEC to conduct free and fair elections,

d) Threat of resistance by Muslim Community in Jos over alleged marginalization,

e) Inciting sermon of one Idris Mailafiya prior to the election calling on the Muslims to vote only for the Muslim candidates who will protect their interest.

During his oral presentation he did not tell the Commission

that he assured the Governor and Government of Plateau State that

these anticipated threats could be curtailed by the SSS and other

security operatives in Jos. However, the Commission on perusing

the previous security reports allegedly sent to the Governor by the

witness, discovered that the former Director of the SSS concluded

most of his reports to the Governor with the assurance that the

service had put adequate measure on the ground to contain any

such possibility. For instance in the security report addressed to the

Governor dated 22nd October, 2008, Mr. A.B. Charanchi concluded

the report as follows:

“The State is expected to be relatively peaceful in the month of November, 2008 regardless of the envisaged threats. The service will sustain efforts at frustrating neutralizing and containing threats in liaison with the relevant agencies and Government to ensure peace in the State please.”

255

Similarly, in the security report of 16th November, 2008, about

11days to the election, the Director of the SSS concluded in the

general assessment thus:

“The elections are envisaged to be largely peaceful in most LGAS. However Jos North, Langtang North.... Regarding Jos North LGA, there is a strong likelihood of post-election violence. However this command has emplaced containment measures including perception management and cautioning of relevant stakeholders and groups, including leaders of political parties, candidates in the elections... Furthermore, the command is liaising closely with relevant security agencies to ensure a peaceful conduct of the election, please”.

From the above evidence, the Commission is of the view that

the allegation that Governor was not adequately informed of the

security situation on ground prior to the Unrest is not completely

unfounded. The Commission is of the view that there should be

better and more cordial understanding between the SSS and

Plateau State Government.

The above represents the assessment of the Commission on

the numerous names mentioned by various memoranda as being

either directly or indirectly responsible for the Unrest of 28th

November, 2008.

The Commission found that some names were only mentioned

vaguely without any particularity and hence could not be identified.

256

Others were mentioned with very little evidence adduced against

them.

The Commission was greatly limited in its ability to proffer any

assessment against these groups and therefore urges the alleging

parties to provide further and better particulars to enable further

investigation by the Police.

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CHAPTER FIVE

5.0 Extent of loss of lives and injuries to persons

This Chapter relates to the term of reference 3(c) of the

Commission which is to “ascertain the extent of loss of lives and

damage to property”.

The Commission’s mandate did not expressly direct it to

make recommendations for the payment of compensation. The

Commission has nevertheless been empowered by term of

reference No. 3(e) of the instrument establishing it to “make any

other recommendations incidental to the Commission’s terms of

reference”.

The Commission has set out in detail here-under the names

of persons who lost their lives and those injured during the Unrest

as supplied by the various memoranda presented before it.

The Commission wishes at this juncture to rely on its

omnibus term of reference and impress it upon not only the State

Government but also the Federal Government to look into the

claims of those injured and the families of those who lost their lives

during the Unrest. This is imperative as some of the families who

presented memoranda on loss of lives and injuries to persons

have made claims for such losses and injuries.

258

The Commission gathered from the totality of evidence

placed before it that people suffered from various types of injuries,

ranging from gun shots, arrows, burning and/or machete attacks

and some of which resulted in the fatalities suffered. Distilling from

the various Memoranda and evidence based thereon, the following

lives were lost in the Jos Unrest of 28th November, 2008.

5.1 Loss of Lives

MEMO.JCI/J/133/2009 – Bache Development Association Of Bassa L.G.A

1. Aaron Asaharu

2. Samuel Amanya Assak

3. Adudu Achisun

MEMO.JCI/J/151/2009 – Stefanos Foundation 1. Amos Goyo

2. Ige Dogo

3. Samson Ajala

4. Laraba Ishaya

5. Tunde Oyilola

6. Dauda Dagama

7. Chinedu Emeka

8. Paul Agwam

9. Danjuma Goyol

10. David Goyol

11. Israel Goyol

12. Abednego Sule

13. Adani Mathew

259

14. Henry Ezike

15. Steven Olanrewaju

16. Ngokwa Ismail

17. Mr. Okeke Eket

18. Mr. Kosara Okeke

19. Miss. Ngozi Okeke

20. Mr. N. T. Yusuf

21. Agabu Istifanus

22. Dauda Dagama

23. John

24. Michael Arandon

25. Adang

26. Rev. Ephraim Masok

27. Peter

28. Martha Azi

29. Samuel Arin

30. Peter I. Arin

31. Dung Tok

32. Shugatan Zfinaza

33. Yinka Ojebisi

34. Abraham Oladimeji

35. Danladi Machocho

36. Dennis Nyam

37. Philip Atem

38. Cletus Eliya

39. Nenfort Danbaba

40 Ishaya Dekin Irimiya

41. Samson Ajala

42. Bala Tapnu

260

43. Nicodemus Daniel

44. John Garba

45. Monday Ido

46. Agabus Istifanus

47. Samuel Joseph

48. Tunde Oyedokun

49. Victor Eliya

50. Bitrus Bawa

51. Jacob Yinka A.

52. Samuel Kum

53. Nike Obe Adegbemiro

54. Dale

55. Victoria L. Daniel

56. Laraba Iliya

57. Yusuf Jacob

58. Pastor James Lawet

59. Bulus Daniel

60. Rev. Timothy Abituna

61. Sunday Alawode

62. Noah Olaniyi

63. Samuel Olaniyi

64. Abigail Olaniyi

65 John Aboyi

66. Iliya Peter

67. Emmanuel Luka

68. Barr. Atang Toma Afan

69.. Mary Chukanya

70. Barnabas Anno

71. Bawa Inuwa

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72. Rotgak Gana

73. Hassan Baba

74. Joseph Nyango

75. Daniel Ibrahim

76. Geoffrey kwonpat

77. Danlami Zusha

78. Rev. Bulus Tsety

79. Bulus Daniel

80. Moses kyata

81. Francis Stephen

82. John Pam Chibi

83. Ibrahim Sako

84. Maikole Maiagwa

85. Daniel Sunday

86. Kmsi Sani

87. Timothy John

88. Bisat Danjuma

89. Francis Aruma

90. Emmanuel Gaiya

91. John Garba

92. Musa Manja

93. Yohanna Musa Manja

94. Davou Barge

95. Gyang Davou Barge

96. Bot Chewnd

97. Timothy Tanko

98. Sunday Alamu

99. Ishaku Gimba

100. Azi Ada Rin

262

101. Bulus Nyam

MEMO. JCI/J/112/2009/1 –Mrs Rahila Goyol, Kauna Baptist Church, Rikkos , Jos.

1. Mr. Amos Goyol*

2. Tokitda Amos Goyol* (all listed in Memo JCI/J/112/2009)

3. David Amos Goyol*

4. Israel Amos Goyol*

MEMO.JCI/J/68/2009 – Irigwe Community Domiciled In Jos North.

1. Bulus Ali

2. Denkwe Gado

3. Mrs. Izah

4. Ige Tegwi

5.. Mrs. Salalve

6. Joseph Tari

7. Diba Kpasha

8. Isiaku Ransa

9. Kureh Duzongo

10. Danladi Yakubu Juwa

MEMO. JCI/J/22/2009 – Rev. D. A. Ogunlowo And 1 Or

1. Mr. Mathew Aja.

2. Mr. Alawu

3. Mr. S. A. Dele

MEMO.JCI/J/28/2009 - Mwaghavul Development Association

Jos Branch

263

1. Mr. Agabus Dechan

2. Mr. Bulus Chafen

3. Mr. Bisat Samuel

More than 100 Igbo people killed, however, no names were

given by (Memo No JCI/J/160/2009 – Izu Umunna Cultural

Association, Jos).

MEMO.JCI/J/17/2009 – Senior Staff Association., Jos

1. Hse Grace Kaze (S. 4425)

2. Madam Christiana Pai (S. 5003)

3. Oshowo Comfort (S. 4459)

4. Mrs. A. A. Badewa

5. Mrs. F. A. Dosunmu

6. Mr. W. A. Fanko

7. Mrs. E. Adekunle

8. Lydia Sha

MEMO.JCI/J/03/2009 –, Evang Musa Paul Gindiri

1. Mr. Noah T. Yusuf (also listed memo JCI/J/151/2009 and

Memo No. JCI/J/137/2009).

MEMO. JCI/J/159/2009 – Prof. Sonni G. Tyoden

1. Uchenna Ezike *

2. Samuel Akipisoya

3. Olubaomi Taiwo

4. Dang Weng

5. Ibrahim Dauda

6. Balogun Emmanuel

7. Ogunji Sayo

264

8. Mr. Maxwell Dewa

9. Victor Amaziah

MEMO.JCI/J/137/2009 – P.D.P. Elders Northern Zone Forum

Plateau State

1. Mr. Kwasu Zaruma

2. Mr. Timothy John *

3. Mayowa Bolaji

4. Joseph Poujugu

5. Barr. Azi Musa Afan

6. Samuel Arin Izang *

7. Danladi Yakubu*

8. N. T. Yusuf*

MEMO. JCI/J/134/2009 – Church of Christ in Nigeria

1. Pastor James Lewat* and three other members

2. 5 members COCIN Nassarawa

3. Timothy Joseph

4. Joseph Fom Jugu

5. Dung Tsok*

MEMO.JCI/J/171/2009 – Mrs Comfort A. Akinjogbin

1. Oluwaleke Akande

2. Adetola Odusole

3. Ibukun Akinjogbin (all NYSC)

MEMO.JCI/J/79/2009 – Haske Women Association Russau

Village Jos North L.G.A. Plateau State.

1. Mr. Kwasu Zaruma

265

2. Timothy John*

3. Mayowa Bolaji

MEMO.JCI/J/37/2009 – Ngas Development Association Jos

North Branch.

1. Nde Bala Munuk (Alias don’t cook)

2. Nde Gabriel Bile

3. Nenfort Danbaba (repeat of Memo No. JCI/J/94/2009

4. Jirit Danbaba

5. Fwengak Rotshak

6. Amos Goyol and three children*

7. Ishaya Bellneng

8. Nengak Deshi

9. Michael Goyol*

MEMO. JCI/J/127/2009 - Igbo Community Association (I.C.A.)

Jos

1. Onyekachi Nnadi

2. Nwakego Madumere

3. Cletus Chukwu

4. Ikedi Duru

5. Henry Nwachukwu

6. Ogechukwu Inyama

7. Uzondu Njoku

8. Amechi Nmadufor

9. John Ukachi

10. Gabriel Nwaigwe

11. Nnamdi Uzogara

12. Chijioke Anim

266

13. Rascal Uchendu

14. Livinus Opara

15. Kenneth Osuji

16. Cyril Ezeh

17. Chidiebere Etonihu

18. Chukwudi Okwara

19. Albert Adimekwe

20. Ukachukwu Eze

21. Emeka Ikejiaka

22. Uzoma Onuebunwe

23. Samuel Uju

24. Charles Felix Obi

25. Silas Oguzo

26. Anyaocha Romanus

27. Henry Ezike *

28. Victor Ndonlokwem

29. Romanus Echesirim

30. Michael Akachukwu

31. Joseph Ezeugwu

32. Paulinus Eze

33. Gloria Ogbu

34. Martina Ogbu

35. Peter Ani

36. Philip Ugwu

37. Sunday Okorie

38. Martin Okonkwo

39. Andrew John O.

40. Titus Nnamani

41. Stephen Ugwu

267

42. Christian Ugwu

43. Sabastine Ugwoke

44. David Ezema

45 Christopher Ukwueze

46. Charles Omeje

47. Martin Ugwu

48. Chukwuma Ozoagu

49. Bartholomew Onovo

50. John Ani

51. Stanley C. Aguagba

52. Alphonsus Chukwujioke

53. George Ogbujiagba

54. Andrew Okeke*

55. Miss Ngozi Okeke*

56. Kosarachi Okeke *

57. Simon Anyadubaula

58. Alfred Chianumba

59. Nnamdi Okeke

60. Louis Ikegbune

61. Adolphus Nsoedo

62. Chinedu Aghaji

63. Arinze Okonkwo

64. Clement Onwurah

65. Uchenna Ifejika

66. Emmanuel Ezinne

67 Mgbojikwe Samuel

68. Innocent Okonkwo

69. Cyprian Nwafor

70. Onyeka Okoli

268

71. Innocent Ginika

72. Sunday Chidebelu

73. Nwankwo Nnaemeka

74. Angus Nwakalor

75. Chigbogu Modebelu

76. Cyril Enweluani

77. Uche Udeagbala

78. Michael Kalu

79. Joseph Kalu

80. Stephen Chukwu

81. James Chukwu

82. Joseph Oturu

83 Pius Oturu

84. Christian Nwanchukwu

85. Maduabuchi Steve

86. Anthony Kalu

87. Stella Kalu

88. Okon Oji.

89. Nwaokorie Michael

90. Ogbonna David

91. Emmanuel Nwoji

92. Jonathan Ejiogu

93. Anthony Maduako

94. Philip Maduabuchi

95. Okey Sunday

96. Peter Nwokike

97. Ogbonnaya Agwu

98. Joseph Agwu

99. Peter Okoro

269

100. Gregory Onu

101. Steve Okafor

102. Solomon Obasi

103. Alum Christopher

104. Okorie Jacob

105. Anthony Egwu

106. Jude Mba

107. Pius Obasi

108. Andrew Uneke

109. Gilbert Uneke

110. Sabastine Enewe

111. Pius Anyam

112. Cletus Aziekwu

113. Mary Ossai

114. Nnamdi Okikiri

115. Linus Nwokobia

116. Mike Uyakonwu

117. Roseline Isichie

118. Usondu Chiedu,

MEMO. JCI/J/93/2009 – Church Of Christ In Nigeria (COCIN)

(Chwel – Nyap, Jos)

1. Pastor James J. Lewat*

2. Baba Bulus Daniel*

3. John Garba*

4. Ibrahim Garba

5. Sunday Samson

6. Dauda Dauji Dagama*

7. Pam Usman

270

8. Chinedu Emeka

9. Agabus *

MEMO.JCI/J/41/2009 - Farin Gada Community Development

Association, Jos North

1. Jonathan Tere.

2. Bulus Agom

3. Samuel Yakubu

4. Kwasu Zaruma

5. Aaron

Three (3) NYSC Members*

MEMO. JCI/J/184/2009 – Mrs. Caroline Okeke

1. Mr. Andrew Okeke *

2. Mr. Kosarachi Okeke*

3. Miss Ngozi Okeke*

MEMO. JCI/J/89/2009 – Ngas Youth Movement (NYM)

1. Nde Bala Monuk

2. Nde Gabriel Mbile

3. Mr. Pangak Iliyas

4. Mr Nengak Deshi

5. Mr. Jirit Danbaba

6. Mr. Fwengak Rotshak

7. Mr. Rotshak P. Gana

8. Amos Goyol *

271

9. Mr. Jacob A. Goyol*

10. Mr. Inuwa Goyol*

11. Tokidda A. Goyol*

12. Nenfort Danbaba* .

MEMO.JCI/J/193/ 2009- Mountain Of Fire And Miracles

Ministries –Middle Belt Region ,Jos , Plateau State.

1. Shola Olaseni Akindipe

2. Agnloye Sunday

3. Abiola Moshude Rabiu

MEMO. JCI/J/176/2009 – Anaboze (Buji) Community –

Resident In Jos and Bukuru

1. Sani Tafinta

2. Inusa Musa

MEMO.JCI/J/94/2009 - Barrister Kopduna Danbaba

1. Nenfort D. Danbaba*

MEMO. JCI/J/183/2009 – The Tiv Community Of Plateau State.

1. Mr. John Sanga

2. Mr. Addi Agor. (Repetition memo No. JCI/J/163/2009)

MEMMO.JCI/J/144/2009 – Chief Emmanuel Ezike

1. Henry Uchenna Ezike*

MEMO.JCI/J/163/2009 - Samuel Ihulugh Ndyar And 5 Others

1. Zungwe Adi :

272

MEMO.JCI/J/201/2009 – Berom and Other Tribes of St.

Augustine Monastery

1. Simon Anyandubalu

MEMO.JCI/J/196/2009 - Urhobo Community Jos Plateau State

1 Mr. Benjamin Aboze

2. Mr. Joel Aboze.

3. Mr Ejiro Aboze

4. Mr. Wilfred Udu:

MEMO. JCI/J/202/2009 - Yoruba Community

Oyo State

1. Mallam Shuarau Abdul Jabbar

2. Alh Tajudeen Gbadamasi

3. Abdul Fatai Gbadamasi

4. Abdul Waheed Abdul Rahman

5. Rilwan Abdul Fatai

6. Abdul Aziz Raji

7. Obe Adegbemiro Stephen

8. Mr Mathew Ajani

9. Evang Timothy

10. Mr Dimeji Ojebisi

11. Mr Yinka Ojebisi*

12. Mr Samson Ajala

13. Mr Noah O.

14. Mr S.A. Dele

15. Mr O. Alamis

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16. Madam Mariam Tella

17. Emili Olaniyi

18. Olu Olaniyi

19. Noah Olaniyi*

Ekiti State

1. Bayo Alofe

Osun State

1. Dehinde Moris

2. Alh Moshood Lawal Raji

3. Tunde Oyedokun*

4 Sunday Oyeniyi

5. Tunde Usman

6. Ibukun Akin* (Corper)

Ondo State

1 .George Akindapo

Ogun State

1.Okusi

Kwara State

1. Mallam Surajudeen

2. Mallam Kazeem

Kogi State

1. Pastor Peter Falade

274

MEMO.JCI/J/130/2009 – Evangelical Church of West Africa (Nassarawa Local Church Counsel, Jos District

1. Mr. N.T. Yusuf*

MEMO.JCI/J/114/2009 – Iki Atsen Arin and 2 Ors.

1. Peter Ibrahim Arin*2. Adang Atsen Arin*3. Atsen Ayama Arin*

MEMO.JCI/J/95/2009 – The National Association of Afizere Youth Movement (AYM)

1. Ishaku Gimba*2. Samuel Arin Izang *3 Barrister Azi Musa*4. Ishaya Irmiya Ajik*5. Peter Ibrahim Arin*6. Adang Atsen Arin*7 Dennis Inyam*

MEMO.JCI/J/102/2009 ECWA Bishara No. 1 Adebayo Street, Jos.

1. Mr. N.T. Yusuf*

MEMO.JCI/J/95/2009 – The National Association of Afizere Youth Movement (AYM)

1. Ishaku Gimba*

MEMO JCI/J/97/2009 – Pan Development Association, Jos

1. Mr. Stephen Goeshalong

MEMO JCI/J/115/2009 – Kauna Baptist Church, Rikkos, Jos

275

1. Mr. Amos Goyol*2. Tokida Amos Goyol*3. David Amos Goyol*4. Israel Amos Goyol*

MEMO. JCI/J/121/2009 – Deeper Life Bible Church, Jos Plateau State Headquarters, Jos.

1. Israel Oyelami

MEMO.JCI/J/124/2009 – Hoteliers Drinks Distributors and Sellers Association, Plateau State Branch.

1. Mrs. Moyosola Kayode Akinyemi2. Mr. Emeka Ephraim3. Mrs Late Usikre & 2 Others

MEMO.JCI/J/146/2009 – Evangelical Church of West Africa (ECWA)

1. Elder N.T. Yusuf*2. Rev. Empraim Masok3. Mama Lami Izeh4. Mr. Monday Kure

MEMO.JCI/J/26/2009 – CAN Directorate of Research.

1. *Put the total number of persons who lost their lives at 129 but did not give their names.

MEMO. JCI/J/30/2009 – Organisation of African Instituted Churches, Plateau State Chapter.

1. Aladura Michael2. Mrs. Abigail Olaniyi*3. Four (4) Children of Mrs Abigail Olaniyi*

276

MEMO. JCI/J/12/2009 – Rev. E.I. Algbejo (Pastor of Bethel Raptist Church, Jos.

1. Mr. Yinka Ojebisi*2. Mr. Demiji Ojebisi

MEMO. JCI/J/53/2009 – Nassarawa Baptist Church, Jos (Gbenga Olaleye)

1. Evangelist Timothy Adetona2. Mr. Adegbenron Obe

MEMO.JCI/J/71/2009 – The Anaboze (Buji) Development Association, Nasarawa Gwong, Jos.

1. Sani Tafinta

MEMO. JCI/J/42/2009 – Agboola Baptist Church, Fudawa Bauchi Ring Road

1. Mrs. Mary Oladele and two* (2) of her younger brother

MEMO.JCI/J/113/2009 – The Central Baptist Conference

1. Loss of 19 lives, but no names was given.

MEMO.JCI/J/65/2009 – The Berom Patriotic Forum in Tertiary Institutions of Plateau State.

1. Listed 129 death but no name was given.

The above represents the lists of persons given as persons

who lost their lives during the Unrest as presented by each

individual memorandum. The Commission found that several

memoranda repeated names already given in other memoranda.

Those repeated names are asterisked above.

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Gleaning from all the memoranda and the lists of persons

presented, the Commission found that the actual number of

persons who lost their lives in the Unrest is 312.

5.2 Claims for loss of lives.

The Commission also found that amongst the memoranda,

three presenters made monetary claims for lives lost. These are:

i) Memorandum JCI/J/144/2009 by Chief Emmanuel Ezike : the witness told the Commission that his son, Mr. Henry Uchenna Ezike who was a final year student of Physiology/Pharmacology of the University of Jos was killed during the Unrest of 28th November, 2008. He made a claim of N10,000,000 for the loss of his life.

ii) Memorandum JCI/J/163/2009 by Samuel Ihulugh and 5 others; the witness told the Commission that Zungwe Adi who was macheted to death They made a claim of N30, 000,000:00 for the loss of life.

5.3. Names of persons Injured during the Unrest.

From the various Memoranda and evidence presented

before the Commission, the following persons sustained various

degrees of injuries during the Jos Unrest 28th November, 2008:

278

MEMO. JCI/J/111/2009 – Izang Ayama Arin

1. Izang Ayama Arin

MEMO.JCI/J/151/2009 – Stefanos Foundation

1. Adam Eveh

2. Binchan Fankur

3. Friday Yakubu

4. Sunday Haruna

5. Christopher Dogo

6. Seyi Odewumi.

7. Michael Eze

8. Tanimu Rivi

9. Ajang Yakubu

10. Peter Umaru

11. Musa Bala

12 Danladi Chozhi

13. Andrew Bitrus

14. Filibus John

15. Samuel Giwa

16. Sunday Unah

17. Arung Nyam

18. Danjuma Yakubu

19. Gideon Monday

20. Shut Rwang (Silas Luka)

21. Christopher Danjuma

22. Sunday Usman

23. Kwasio Zaroma Sani

24. Femi John Akirele

25. Caroline Okeke

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26. Nengak JIbo

27. Atul Ajiki

28. Philip Adankala

MEMO.JCI/J/133/2009 - Bache Development Association:

1. Samson James

2. Samuel Giwa*

3. Adamu Ive

4. Ayuba Gado

5. Friday Yakubu

6. Danjuma Lassa

7. Ibrahim Lassa

8. Tanimu Rivi *

9. David S. Tongwe

10. Yakubu Audu

11. Gara Adogi

12. Steven Gado

13. Mr. Daniel Chozhi

14. Musa James

15. Sunday Anku*

16 Filibus John*

17 Mali Choyi

18. Danjuma Pah

19. Thomas Alebi

20. Yusuf Musa

21. Ariver Adamu

22. Aba Ali

23. Momoh Bala

24. Ado Mandara

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25. Dogo Maichibi

26. Danjuma Agwa

27. Chohu Adamu

28. Daniel Sunday

29. Yakubu Inuwa

30. Agaya Ado

31. Demi Ngu

32. Monday Goro

33. Joshua Wamba

34. Sunday Anku *

MEMO.JCI/J/28/2009 – Mwaghavul Development Association

Jos Branch.

1. Mr. Naanpan Gabriel Nungkyes

2. Mr. Joshua Naanpan

3. Mr. Pankyes I. Shalook

4. Mr. Emmanuel Musa

5 Mr. Augustine Artubur

6. Ephraim Kombun

7. Usaini Manji Istifanus Joseph

8. Mr. Maxwell Dabor

9. Mr. Peter Benshak

10. Mr. Mundi Josiah

MEMO.JCI/J/117/2009 – Academic Staff Union of University of

Jos, Jos Branch

1. Pokyes Yakwal

2. Mr. Mugu Yusuf

281

MEMO.JCI/J/134/2009 – Church of Christian In Nigeria

(COCIN)

1. Ekwu Danjuma

2. Gabriel Antipas Ponsah

3. Tongnen Oliver

4. Davou Dung

5. Sohbe Hosea

6. Friday Lumi

7. Mwoldom Dalong

MEMO.JCI/J/37/2009 – Ngas Development Association Jos

Branch.

1. Nentawe Sindima

2. Jatau Ali

3. Mungak Deshi

4. Yiljura Dagan David

5. Joseph Gonsun

6. Shemshak Gomer

MEMO.JCI/J/93/2009 – Church Of Christ In Nigeria (COCIN)

(Chwel – Nyap, Jos)

1. Dorcas Vou Choji

2. Jinedu Kokong

3. Ibrahim Izang

4. Nyam M. Sha

5. Damon

6. Habila David Ariku

7. Simon Kyanta

8. Grace Dung

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9. Julius Dung

10. Mark Dung

11. Davou Joro

12. Dauda Wayo limoro

13. Christopher Thomas

14. Kish Kish Dauda

15. Habila Kurma

16. Elisha Yohanna Yakubu

17. Da Yohanna Yakubu

18. Caleb Dung Jari

19. Samson Magaji

20. Christopher Yasha

21. Musa Bala *

22. Gideon Monday

23. Oladipo

24. Kangyang Tengwong

25. Mr. Henry Agom

26. Mr Joseph Jatau

27. Mr Paul Sani

MEMO.JCI/J/95/2009 – The National Association Of Afizere

Youth Movement

1. Itse Atu

2. Izang Ayamma*

3. Igyem Makeri Atsi

4. Adang Nyam

MEMO. JCI/J/89/2009 – Ngas Youth Movement (NYM)

283

1. Mr. Nunggak D. Felix

2. Mr. Yiljura P. Gokwat

3. Mr. Semshak Gomer

4. Mr. Hosea T. Dangana

5. Nentawe Sindima

6. Barthelomew Marvel

7. Mr. Jatau Ali

8. Olayinka

9. Sabastine Sabairu

MEMO. JCI/J/176/2009 – Anaboze (Buji) Community Resident

In Jos And Bukuru

1. Yakubu Audu*

2. Sam Audu

3. Gabriel Audu

4. Joseph Jenadu

5. Italiya Maitala

6. Amos Auta

7. Bitrus Sankira

8. Simon Nadawo

9. Dani Nadawo

10. Hashimu Lanba

11. Joshua Ujande

MEMO.JCI/J/183/2009 – The Tiv Community Of Plateau State.

1. Mr. Achohol Lazarus

2. Mr. Ihyulen Indyar*

284

MEMO.JCI/J/79/2009 – Haske Women Association Rusau

Village Jos North.

1. Amana Musa

2. Michael Sunday

3. Ayeba

MEMO. JCI/J/54/2009 - The Apostolic Church, Jos Area Lawna

Territory.

1. Sunday Ekanem: Burnt Body and

hospitalised = N240,000.00

MEMO.JCI/J/163/2009 - Samuel Ihulugh Ndyar And Others

1. Lubem Ruben Adi :

2. Bunde Lorhemba:

3. Isaac Ayila:

MEMO.JCI/J/137/2009 – P.D.P. Elders Northern Zone Forum,

Plateau State

1. Samson James*2. Samuel Giwa*3. Adamu Ive*4. Ayuba Gado*5. Friday Yakubu*6. Danjuma Lassa*7. Ibrahim Lassa*8. Tanimu Rivi*9. David S. Rongwe*10. Yakubu Audu*

285

11. Denkwe Gado*12. Mrs. Izah*13. Ige Tegwi*14. Bulus Ali*15. Gara Adogi*16. Steven Gado*17. Danladi Chozhi*18. Musa James*19. Sunday Anku*20. Filibus John *21. Mali Choyi*22. Mrs. Sala Ive*23. Joseph Tari*24. Diba Kpasha*25. Danjuma Pah*26. Isiaku Ransa*27. Thomas Alebi*28. Yusufu Musa*29. Ariver Adamu*30. Aba Ali*31. Momoh Baba*32. Ado Mandara*33. Dogo Maichi*34. Danjuma Agwa*35. Chohu Adamu*36. Daniel Sunday*37. Yakubu Inuwa*38. Agaya Ado*39. Demi Ngu*40. Kureh Duzongo*41. Danladi Yakubu Juwa*42. Monday Goro*43. Joshua Wanba*44. Sunday Anku*45. Mr. Henry Agom*46. Mr. Joseph Jatau*47. Mr. Paul Sani*48. Amana Musa*49. Mr. Michael Sunday*50. Ayeba*51. Itse Atu*52. Sunday Anku*53. Musa James*

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54. Mr. Sunday *55. Ayuba Daniel*56. Samuel Giwa*57. Mr. Nuhu*58. Mr. Aba *

MEMO.JCI/J/68/2009 – Irigwe Community Domiciled In Jos North LGA.

1. Samson James*2. Samuel Giwa*3. Adamu Ive*4. Ayuba Gado*5. Friday Yakubu*6. Danjuma Lassa*7. Ibrahim Lassa*8. Tanimu Rivi*9. David S. Tongwe*10. Yakubu Audu*11. Bulus Ali*12. Gara Adogi*13. Steven Gado*14. Rev. Danladi Chozhi*15. Musa James*16. Sunday Anku*17. Filibus John *18. Mali Choyi*19. Joseph Tari*20. Danjuma Pah*21. Isiaku Ransa*22. Thomas Alebi*23. Yusufu Musa*24. Ariver Adamu*25. Aba Ali*26. Momoh Baba*27. Ado Mandara*28. Dogo Maichibi*29. Danjuma Agwa*30. Chohu Adamu*31. Daniel Sunday*32. Yakubu Inuwa*33. Agaya Ado*34. Demi Ngu.*

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35. Monday Goro*36. Joshua Wamba*37.. Sunday Anku *

MEMO.JCI/J/130/2009 – Evangelical Church of West Africa (Nassarawa Local Church Council), Jos District.

1. Sunday Anku*2. Musa James*3. Sunday*4. Samuel Giwa*5 Mr. Nuhu*6 Ayuba Daniel*

MEMO.JCI/J/95/2009 – The National Association of Afizere Youth Movement (AYM)

1. Musa Azi Itse

2. Adang Nyam,

3. Adamu Zela

4. Baba Tela Isha

5. Hon. Adar Roseline Baraje (Mrs)

MEMO. JCI/J/146/2009 – Evangelical Church of West Africa

(ECWA)

1. Samuel Nyako

2. Three members

3. Philip Adankala

4 Simon Danbako

5. Sunday Anku*

6. Samson Sunday*

7. Musa James*

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8. Agwom Sani

9. David Joshua

10. Wilson Danjuma

11. Luka Gyang

12. Dachollom Gyang

13. Gyang Hwere

14. Eld. Danladi Gona Chozhi*

15. Eld Tanimel I. Rivi

16. Eld. Bulus M. Innah

17. David S. Gongwe

18. Danjuma Yakubu*

19. Baba’a Amala

20. Ibeh John

21 Danjuma Audu*

22. Stephen Gado*

23. Amaja Adogi

24. Gara Adogi*

25. Tina Richard

25. Richard Chohu

26. Monday Richard

27. Mali Choyi*

28. Mrs. Marry Rangu

29. Baba Mai-agula Adogi Gara

MEMO.JCI/J/30/2009 – Organisation of African Institute

Churches, Plateau State Chapter.

1. Mrs. Gbenga Akingbesote

2. Ayo Adebisi

3. Evang. Akinbami

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4. Mrs. Odewumi’s Children

MEMO.JCI/J/71/2009 – The Anaboze (Buji) Development

Association, Nassarawa Gwom, Jos.

1. Yakubu Audu*

2. Sam Audu*

3. Gabriel Audu

4. Joseph Jenadu

5. Amos Auta

6. Bitrus Sankira

7. Simon Nadawo

8. Dani Nadawo

9. Hashimu Lanba

10. Joshua Ujande

The above represents the lists of persons given as persons

injured during the Unrest as presented by each individual

memorandum. The Commission found that several memoranda

repeated names already given in other memoranda. Those

repeated names are asterisked above.

Gleaning from all the memoranda and the lists of persons

presented, the Commission found that the actual number of

persons who sustained varying degrees of injuries during the

Unrest is 323.

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5.4.Claims for injuries.

It is necessary to state here that some injured persons made

claim for injuries sustained and the medical bills they paid for the

treatment of such injuries. The memoranda wherein such claims

were made include:

MEMO JCI/J/196/2009 The Urhobo Community, Jos, Plateau

State: The presenter of this memorandum claimed a total sum of

N840,000.00 in respect of medical bills incurred by two of their

members (Hajia Jokpa Abdullahi and Mr. A. Tialobi for treatment

of the injuries they sustained during the unrest in the sum of

N420,000.00 respectively

MEMO JCI/J/54/2009 – Apostolic Church, Jos Area Lawna

Territory: The presenter of this memorandum claimed a sum of

N240,000.00 on behalf of a member of their Church, Mr. Sunday

Ekanem and the medical bill incurred for the treatment of fire-burn

injuries he sustained during the unrest.

5.5.Missing Persons

From the various Memoranda and evidence before the

Commission, the following people were declared as missing in the

Jos Unrest of 28th November, 2008.

MEMO. JCI/J/196/2009 – Urhobo Community Jos Plateau State

1. Mr. Benjamin Aboze

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2. Miss Precious Aboze

MEMO JCI/J/146/2009 – Evangelical Church of West Africa

(ECWA) .

1. Mr. Barnabas Anno Kumbo

MEMO. JCI/J/137/2009 – PDP. Elders Northern Zone Forum Plateau State.

1. Mr. Yohanna Aika

2. Mrs. Nanle Auta

3. Ayo Nka

4. Bulus Monday

Total number of persons missing = Seven (7)

CHAPTER SIX

6.0 Extent of damage to property and claims

This chapter shall deal with the third arm of the Term of

Reference No. 3(C) of the Commission, which is to ascertain the

extent of damage to property amongst others.

292

From this Term of Reference, the Commission is merely to

among other things, ascertain the extent of damage to property

and is not empowered to make award or pay compensation to

those who lost their properties or those whose properties were

damaged, burnt, vandalised and or destroyed during the Jos

unrest of 28th November, 2008.

The Commission is, however, by the Term of Reference

No.3 (e) empowered to make any other recommendations

incidental to the Term of Reference of the Commission. In view of

this Commission’s power, the Commission hereby lists below in

tabular summary form all the relevant memoranda and extent of

damage to property and claims based thereon presented before it

by various persons, groups of persons, institutions and other

bodies affected by the Jos Unrest of 28thNovember, 2008

The Commission wishes to invoke its power in the Clause 3

(e) of its Term of Reference to put it across to the Government of

Plateau State and the Federal Government of Nigeria to look into

these claims for the purpose of making appropriate compensations

to affected persons. This is imperative considering the pains and

losses that have been suffered by these people. Most of these

Claims have been supported by Police Extracts, Affidavits of

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Loss/Damage, photographs and Valuation Reports of the

destroyed, damaged, vandalized or burnt property. These have

been admitted in evidence and marked accordingly. These

Exhibits all formed part of the bundle of Exhibits in this matter.

The Commission, has for ease of reference, indicated in the

relevant column what supporting documents are available on each

claim and finally the last column where page numbers of the

particulars of each claim can be found in volume 1A (Appendix) to

the main Report.

The details of the extent of damage to property and Claims

thereon have been given as Appendix in Volume 1A to the main

Report.

CHAPTER SEVEN

7.0 Recommendations

The Commission had the benefit of 221 registered

Memoranda and heard all of the 211 of them that were orally

presented at its public sittings, whilst 213 witnesses gave oral

evidence under oath and were examined by counsel. The

294

Commission also had the added benefit of the visit to the locus-in-

quo and consultations with several stakeholders, respected elders,

leaders and shapers of thought within the country. The

Commission, with the main objectives of truth, equity and peaceful

co-existence is strongly of the view that dealing with the Unrest of

the 28th of November, 2008, and the efforts at forestalling future

reoccurrences requires the employment of both preventative and

curative measures. The Commission recognises the urgency of all

of its recommendations but understands that the effects or fruition

of the efforts at implementing each of them shall require time.

Therefore, as a start the Commission urges all parties to sincerely

embrace peace in the face of adversity and permit the efforts at

rebuilding to take its course. Thus the following recommendations

were decided as being imperative.

7.1Criminal Investigation and Prosecution of Persons.

A number of individuals were named as being either directly or

indirectly involved in criminal acts including alleged murder,

assault, criminal damage, arson, conspiracy, inciting public

disturbances and other acts that are recognised criminal acts

under the Criminal Code of the Laws of the Federation of Nigeria.

In some cases, direct evidence was given by witnesses under oath

295

against the named perpetrators. In some instances, people or

groups were alluded to without being identified or any particulars

given. The Commission was not created nor was it empowered as

a prosecutorial body, hence in accordance with its mandate, the

approach of the Commission was to receive all the evidence

tendered and invite named and identifiable persons. These have

been thoroughly examined in Chapter 4. The Commission hereby

recommends:

i. That the persons named in some of the memoranda as being involved in alleged criminal acts should be identified and investigated by the police and prosecuted accordingly. The participants found to be culpable should be punished under the law.

ii. That the individual events and occurrences alleged to have happened should also be investigated and the participants should be prosecuted where necessary and punished under the law.

iii. That persons and groups alluded to should be identified in each instance with the assistance of the parties that made such allegations. These should be investigated and prosecuted, and where appropriate punished under the law. Persons arrested and detained must also be investigated in order to ensure prompt prosecution of those who have culpable evidence against them, and those found without cases to answer or who were wrongfully arrested should be promptly released.

296

iv. The volume of prosecutions pursuant to the Unrest of November 28th 2008 may be pursued by a dedicated team from the office of Public prosecutions under the Attorney-General of the State with the assistance of an investigative arm of the Police. Nevertheless, even after these matters are investigated the options the State may pursue include one borne out of the fact that the reoccurrence of violence is viewed as being highly probable unless a genuine quest for peace and reconciliation is embarked upon. The State Government should set up a Reconciliation Commission for the purposes of allowing adversaries to meet and reconcile their differences. Those who come out and embrace this process may be granted amnesty from criminal prosecution. The State Government should then seek to investigate and prosecute those who do not.

7.2 Implementation of previous Reports of Commissions of Inquiry.

The Commission noted the existence of a number of previous

commissions of inquiry that had rendered Reports to the State

Government. Usually these Reports should be published followed

by the release of Government white papers based on their findings

which should also be published. The Governments should then put

implementation mechanisms in place for the recommendations

made therein. This has not happened. The Commission drew a

lot from these reports as they were often referred to in several

memoranda and also particularly because some had the benefit of

representations from the Hausa/Fulani as well as the Muslim

communities within Plateau State, these being some of the groups

that did not present themselves before this Commission. The

Commission recommends:

297

i. A publication of previous reports of commissions of inquiry, the issuance of Government white papers based on the reports and the gazetting of the same.

ii. Putting into motion an implementation committee that will look at the means and modalities of co-ordinating the implementation of these previous reports and this present Report inclusive.

7.3 Compensation for confirmed victims of the mayhem

The Commission found that numerous individuals and

organisations including Government agencies were victims of the

Unrest. People lost their lives and left dependants behind, people

suffered varying degrees of injuries, homes and other property

were lost or damaged, and organisations lost money and material.

Some of the memoranda before the Commission put in

Statements of Claim inter alia. The Commission encouraged the

Claims to be supported by evidence where possible, sworn

affidavits verifying the Claims as well as the use of evaluation

reports where such was applicable to the nature of the Claims.

The Commission recommends:

i) That the State Government should set up a committee for the purpose of scrutinising and verifying the Claims presented.

ii) That the Government should set up a compensation scheme aimed at coming to the aid of these people and groups and alleviating their suffering by paying

298

compensation if not in whole, at least in part. The State Government should also request that the Federal Government provide it with support in this effort.

iii) That hospitals, clinics and aid organisations should also be allowed, to submit claims for the relief and emergency aid rendered to many victims, during the period of the Unrest, a lot of which were left unpaid.

iv).A number of schools were destroyed and many school children have been denied of school premises. The Government must treat the rehabilitation of these institutions as a matter of priority in order to alleviate the impact on children.

7.4 Redress illegal land acquisition and mapping out of slums

The Commission heard witness testimony on the growth of

illegal land acquisition within and around the Jos metropolis.

There was evidence before the Commission of haphazard and

indiscriminate land grabbing, land development without planning

approvals leading to the creation of slums which formed enclaves

for miscreants within the communities. The Commission

recommends:

i. That the State Government should take urgent steps to acquire slums and clustered settlements such as Gangare, Yan Tinka, Rikkos Cattle market(Yan Shanu), Angwan Rogo, Angwan Rimi, Angwan Dalyop, Katako, part of Ali Kazaure, Dilimi, and create a modern city out of them including the construction of urban access roads through these settlements. The Government should open

299

up the slums by roads and infrastructure such as housing estates, clinics and modern schools.

ii) That the Government is advised to reacquire the University of Jos land and hand over same to the University’s authorities. Over time, some persons had acquired some parcels or portions of the University of Jos land by tribal settlements, wrong issuance of Rights of Occupancy and other title including numerous illegal sales and purchases. With the active co-operation of the Federal Government, the land which forms part of the layout of the University community should be repossessed and immediately occupied by the University who should seek to fence it and develop it for its use. This will enhance security within the University’s campuses.

7.5 Security with recognized flash-points and Relocation and security of Bauchi Road Motor Park

The Commission found and identified that certain parts of Jos

have become flash-points of high volatility and are usually the epi-

centres when crises erupt.

The security of the University of Jos was also put in question

particularly because of the proximity of the Bauchi Road motor

park to it and as a result of the closeness, the tendency for a spill

over effect into the University during crises with its attendant

consequences of attracting victims from the University’s

community. The centrality of the park with its imminent chaos is

another consideration as motor parks are known hideouts of touts

and criminal elements. The Commission recommends:

300

i) The State Government must immediately ensure that there is the establishment by the police of well manned security posts and police stations within and around these recognized flash points.

ii) That the State Government should relocate the motor park and its appurtenances to an appropriate location.

iii) That security, police and private must be maintained in and around motor parks being public arenas with high volatility of violence.

7.6 Provision of emergency response outfits and enforcement of regulations

A lot of the damage that occurred from the burning of Katako

market, the State High Court premises and other buildings were

exacerbated by the lack of fire fighting and rescue response units

as well as equipment to handle the emergency situations that

arose therefrom. A lot of lives could have been saved and the

extent of irreparable damage could have been greatly mitigated.

The Commission recommends:

i) That buildings and particularly public buildings should be made to have primary fire-fighting and safety equipment and this should be strictly enforced.

ii) That the major hospitals within the State should have emergency response units with adequate ambulances and equipment as well as trained personnel.

7.7 Relocation of slum markets and reconstruction of Jos Main Market

301

Evidence before the Commission indicated that some slum

markets are flash-points, hide-outs of criminals, sale-points of

dangerous weapons such as machetes, slaughter knives, home

made guns, etc. Congestion in these markets also contributed to

flashes of skirmishes and fuel crises that lead to destruction of

properties, valuables and lives. The Commission recommends:

i) That the open sale of implements commonly used as weaponry must be banned and the sale restricted and regulated.

ii) That the State Government should relocate those slum markets such as Katako, Yan Tinka, Kasuwa Nama, etc. to safer and more secure locations which should not be delineated along the lines of apparently belonging to any given ethnic grouping.

iii) That the State Government should also take the issue of reconstruction of the burnt down Jos main market seriously and urgently. The provision of such a market will douse the tension enveloping the various slum markets.

iv) Market stall allocations should reflect the religious and ethnic spread in Jos and should not be predominated by any particular group. In this way a whole market area will not be ready targets because they belong to a particular ethnic group.

7.8 Re-delineation of Electoral Wards

The creation of electoral wards is based on principles which aim

at promoting a fair level of equity in the distribution of voters within

each ward. The evidence before the Commission was to the

inevitable conclusion that the ward delineation within the Jos North

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Local Government Area allowed fewer registered Hausa/Fulani

voters to have more wards than the numerically superior native

voters. The total number of registered voters in the five

Hausa/Fulani dominated wards of Ali Kazaure, Sarkin Arab,

Ibrahim Katsina, Garba Daho and Gangare is about 59,904 going

by the last recorded data tendered in evidence, compared with one

single ward of Naraguta B which has 72,202 registered voters at

the last record. This lopsidedness leads to uneven representation

and disenfranchisement. The Commission recommends

i) That the State should pursue the redelineation of electoral wards according to the guiding criteria and based on the population figures carried out within these areas.

7.9 Address the issues raised by the creation of Jos North Local Government Area.

The creation of the Jos North Local Government Area had been

visited with complaints from the time it was created by the States

(Creation and Transitional Provisions) Decree No. 2 of 1991. The

Berom Elders Council has written a petition to the then General

Ibrahim Babangida Military administration which resulted in the

raising of a memorandum to that effect, by the then Secretary to

the Government of the Federation, which General Babangida

admitted was not dealt with before the expiration of his

administration. The Hausa/Fulani community itself have

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expressed their dissatisfaction with a submission that was made

by the Jasawa Development Association to the Niki Tobi

Commission in 2001 as treated under the remote cause of the

Creation of Jos North Local Government Area chapter 3.5 of this

Report. The Commission recommends:

i. That the present Jos North Local Government should be redelineated into about 3 sustainable local Governments with an equitable representative number of wards within each local Government.

ii. The creation of new local Government areas and wards should be by consultation and follow the prescribed Constitutional provisions and the Federal Government and the National Assembly is urged to accede to these requests urgently.

7.10 Strengthening of security agencies and their

apparatus

There was a glaring preponderance of evidence that focused

on the lack of prompt response by security forces, a lack of

coordination amongst the security agencies at intelligence

gathering, the weakness of the agencies and their ill-equipped

officers and units all leading to their inability to curtail the violence.

Further, the security apparatus of the State was ill-prepared and

the warning signs were not intelligently related. This is perhaps

the most important direct and immediate cause of the spread of

the violence. The Commission recommends:

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i) That the Federal Government needs to pay immediate attention to the training and equipment needs of its security agencies and their apparatus, particularly in the area of operation and logistic supports.

ii) That the State and Federal Governments take security very seriously and should increase the level of active coordination and sharing of intelligence amongst the Police, Customs Service, Immigration Service, State Security Service and the Military formations within Plateau State to enhance their capacity.

iii) Security involves both the preventative and the curative; hence proactivity is highly required to nip the potentials for crises in the bud. The State Government must also readily take on their advices as in the recent instance when the scheduling of the elections for Thursday was advised against because it would mean that the results would be released on a Friday, a Muslim worship day, with possible religion-flamed consequences.

iv) The monitoring of specific groups like the Jasawa Development Association and their leaders to detect early signs of unlawful incitement and ensure the enforcement of the law.

v) That security committees should be set-up at community levels and should be coordinated centrally.

vi) That Community Policing recently initiated under the Police ’10-point agenda’ and already available in other States of the federation should be actively established in Plateau State.

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vii) That the State should initiate witness protection and assistance programmes and should legislate to that effect to allow people to come forward with vital information.

7.11 Investigate the allegations against the armed forces of excessive use of deadly force and extra-judicial killings and alleged dereliction of duty.

Specific allegations were made with regard to excessive use

of deadly and brutal force by the Police and armed forces that

were mobilised to quell the Unrest. Evidence to prove these acts

was too thin before the Commission. The Commission

nevertheless recommends:

i) That any specific allegations of these acts should be made available and all evidence should be brought forward. The various armed forces should commission internal investigations into these allegations. The State and Federal Governments should also ensure that full investigations are carried out with the full participation of surviving victims, victims’ families and credible witnesses. It is on record that there was a Police inquiry ordered by the then Inspector General of Police. Since the inquiry is not public, its findings should be made public. The Federal Government has constitutional authority over these apparatus and has set up a panel of investigation. The report and findings must unravel the truth behind these allegations and made public.

ii) The Commission calls upon the security forces and specifically the Armed Forces to abide by the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials in carrying out their duties. There must be restraint when engaging with civilian population and the use of deadly force must only be

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employed when all other alternatives have been exhausted and their lives or that of another is in clear and imminent danger.

7.12 Check illegal migration of aliens and “mercenaries”.

The Immigration service was accused of dereliction of its duties

to check the illegal immigration of aliens and “mercenaries” into

the country which led to the ease with which they could be found in

Jos North. There was evidence of the presence and arrest of

some illegal aliens but not compelling evidence for the

Commission to conclude that aliens were the mass perpetrators of

the Unrest as posited by some Witnesses. The Commission

however accepts the recommendation of the Comptroller of

Immigration Services, Plateau State Command and recommends:

i) That the Federal Government should accept the proposal already made to the Federal Executive Council and construct the required 147 passport control plazas at all the recognised border posts in the Country to allow for proper border controls.

7.13 The State Government must give due consideration to all ethnic groupings in appointments, nominations, promotions.

The Commission found that a common feature belying the ill-

feeling between indigenous ethnic groups and non-indigenous

ethnic groups and thereby causing inter and intra ethnic rifts are

issues of lack of opportunities and access in Government. When

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one party or ethnic group assumes power, the ‘winner takes all’

syndrome becomes prevalent and positions in sensitive

Government positions such as Commissioners, membership of

boards of Government parastatals are skewed in favour of the

group in power. This is sometimes only perceived but in some

cases exists as a matter of fact. The Commission recommends:

i) That the State should formulate a deliberate representative policy similar to the creation of the policy of Federal Character by the Federal Government, that promotes inclusion and participation.- This should be enshrined as a ‘State Character’ principle taking into consideration the different ethnic groups, particularly, in local Government areas where there is more than one ethnic grouping with substantial quantitative presence, then there should be a chairman and vice-chairman from alternate ethnic groups.

iii) There should be no enforcement of candidature in elections to avoid uprising.

7.14 Protection of the rights of every citizen.

The Commission found that a fundamental cause of the

polarity that leads to ethnic and with it religious conflict was the

‘Indigene v Settler’ question. The question as to, who the tribes

that are indigenous to Jos are, was exhaustively treated and

settled by preceding Commissions of Inquiry who heard from both

sides of the divide, and the Commission takes judicial notice of

this. It was observed that no known law in Nigeria deals directly

with the issue of indigene-ship either at Federal or at the Plateau

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State level. Therefore, pending the Constitutional resolution of this

issue and the enactment of an ‘Indigene’s Charter’ or ‘Citizen’s

Charter’ if indeed a distinction between the two is to be accepted

as desirable within the Nigerian Federation, the Commission

recommends that:

i. The State Government should promote the Citizen’s rights in any part of Nigeria that they may find themselves. This means that all persons who are bonafide citizens should have equal rights, opportunities and access, and not to deny those designated as non-indigenes of an area, the access to some of the most important avenues of socio-economic mobility be it Government jobs, academic scholarships, university admissions or fees.

7.15 Monitoring of the activities of certain groups of persons, organisations and their activities.

The Commission received and examined evidence

pertaining to the activities of certain persons and groups within the

community whose acts, or opinions, through their publications,

utterances, perverse the polity, mislead their follower-ship or

readership, disseminate rumours and false propaganda and heat

up the polity as well as causing mistrust, ill-feelings and hostilities.

These, the Commission found to be a major root cause of the

Unrest of 28 November 2008. The Commission recommends:

i) The watching and monitoring by security forces of the activities and utterances of named associations and named individuals which this Report has

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analysed in Chapter 4, and found to have various degrees of culpability.

ii) The watching and monitoring by security forces of the activities and utterances within places of worship that have been alleged with evidence that they permitted their sacred institutions to be politicised and hi-jacked as instruments of incitement and rallying points for mobilising and recruiting foot-soldiers to perpetrate acts of violence and mayhem, including and specifically those in the areas identified as where the Unrest started in order to forestall the continued use of these places of worship for ungodly purposes.

iii) The scrutiny of the role of the media in reporting and dissemination of some information and in some cases false propaganda and unbalanced reporting of views should also be visited and the media watchdog should be alive to its responsibilities.

7.16 Outlaw anti-social ‘religious’ acts of using loudspeakers, road - blockages and indiscriminate development of Churches and Mosques within residential areas.

The Commission finds that there are certain anti-social acts

which have become prevalent and which cannot be condoned if

peaceful co-existence is to reign amongst people from different

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religious beliefs living together. The Commission recommends:

i) That the use of loudspeakers mounted on the external walls and amplified to reach beyond the vicinity of Churches and Mosques within Jos North Local Government Area must be banned and the ban must be enforced. The Local Government Authorities should be able to promote the enforcement of nuisance laws and environmental laws which proscribe these acts.

ii) That the blocking of streets during hours of worship must be banned and enforced.

iii) That the Jos Metropolitan Development Board should arrest and re-dress the indiscriminate construction of public places of worship especially within residential areas.

7.17 Reinforce positive dialogue amongst the diverse ethnic and religious groups.

The Commission was informed of the existence of several inter-

religious initiatives and committees such as the Inter Religious

Council, but whose activities and impact have become weak.

These initiatives provide the fora to muster and develop

understanding and the strengthening of inter-ethnic and inter-

religious ties. Whilst there is a need for them to be strengthened

positively, there is also an urgency to look into the weaknesses in

their leadership. This is needed to foster integration as a matter of

urgency. This will eliminate evils such as the concept of ‘us’

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versus ‘them’ the erroneous construction of the concept of ‘jihad’

and the use of derogatory language against one another. The

Commission recommends:

i) That religion is a matter of personal conviction and should not be imposed on anyone.

ii) The re-awakening of these initiatives with emphasis on the dissemination of information and educating people through publications, seminars and regular enlightenment programmes in the various ethnic languages desirable.

iii) That Traditional Rulers and traditional institutions must be key actors in these initiatives as leaders of thought within their various enclaves and the State Government should re-visit the issue of the creation of Village Areas, Districts and Chiefdoms as such will foster a sense of belonging. Particularly, the Jos North Council of Chiefs where major ethnic groups in Jos were represented should be reactivated.

7.18 Poverty alleviation and the provision of Employment

The quest for access to avenues for upward economic

mobility is one of the paramount causes of crises. Unemployed

youths are easily mobilised and are often used to unleash

mayhem on innocent citizens. The Commission recommends:

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i) That the State Government must provide a conducive environment for the teeming unemployed youths of all ethnic groups within the State.

ii) That the States development of infrastructure must be widespread and not selective.

iii) That the Universal Basic Education programme (UBE) be intensified in Plateau State to ensure that youth have basic education.

CHAPTER EIGHT

8.0 General observations

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The Commission employed numerous approaches in its

attempt to fulfil its mandate. In this instance it explored its fifth

terms of reference which was

“to make any other recommendations incidental to the Commissions terms of reference”

by introducing a truth and reconciliation - seeking dimension. It

explored this through its reception of external contributions over

and beyond the compendium of memoranda formally submitted.

Aside from conducting public hearings and sittings, it also reached

out to other persons who could render some insight into the

Unrest, its nature and its root causes as well as solutions which

could be proffered. An important product of this aspect of the work

was the input it received from numerous dignitaries. The

Commission received some evidence in camera, but also went out

to conduct interactive sessions with various persons.

One of the contributions it received was a letter received

from Jama’atu Nasril Islam notifying the Commission of its boycott.

8.1 The Jama’atu Nasril Islam notification of boycott

The letter dated February 2, 2009 and signed by both the

Deputy Chairman of the Branch and its Legal Adviser was

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purportedly written “on behalf of all Muslims in Jos North affected

one way or the other by the November 28 – 30, 2008 Jos Crisis”.

It notified the Commission of the decision of the organization and

that of “all Muslims” in Jos North Local Government not to

participate in any of the Commission’s proceedings.

This letter represents the writers’ view of the remote causes

of the Unrest. They believe that the Governor and the

Government of Plateau State conspired, planned and executed the

crisis with the aim of “forcing the Muslims out of Jos”. The writers

are a section of the society, and mainly Hausa/Fulani. Apparently,

there is inherent mutual distrust between them on one hand and

ethnic groups indigenous to the Local Government on the other.

Consequently, there was an apparent boycott of the Commission

by Muslims, especially the Hausa/Fulani in terms of presentation

of memoranda or response to allegations made against them in

the memoranda presented by other stake holders.

The letter puts the dates of the incident as 28th – 30th of

November, thus including the events of Sunday 30th November on

which date mass burial of Muslim victims continued.

The Commission deems the letter as most unfortunate and

its contents mostly misguided. The Commission invited all parties

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involved in the Unrest including anyone who had any contribution

or claim whatsoever to submit memoranda to it. Particularly, it

gave ample time in the first instance and gave extension of time in

order to accommodate more memoranda. It also made special

entreaties to the Muslims and Hausa/Fulani Community through

the mediums available to it assuring everybody of a fair and

unbiased hearing. Nevertheless, none of these yielded in their

participation.

There was overwhelming evidence before the Commission

pointing to the fact that the Hausa/Fulani at a point in the election

process got wind that the result might not be in their favour and

apparently made moves that started the Unrest.

Certain historical antecedents led to this state of affairs of

mutual suspicion and perhaps mutual hatred between this group

and the Government.

The long existing animosity, mutual suspicion and mutual

distrust between the Hausa/Fulani in Jos North Local Government

on one hand and the indigenous ethnic groups on the other was

what exploded to the Unrest of November 28, 2008.

Understandably, most of the memoranda presented before the

Commission accuse the Hausa/Fulani of having started the

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Unrest. Most witnesses, especially direct victims identify their

attackers as Hausa/Fulani and testify that their attackers were

chanting “Allahu Akbar” as they attacked. This gave the

impression that the motives of the attacks were religious. Other

bits of evidence however, show that religion was only being

manipulated.

8.2 Input of dignitaries

The input of the dignitaries who were invited or visited in

their respective domains were most helpful and have very

important roles to play in arriving at a fair report and the same time

toe the path of peace, mutual respect and national integration.

Some witnesses who also had chats with the Commission in

camera also offered useful and most illuminating information.

8.3 General Yakubu Gowon

General Yakubu Gowon gave a rather detailed account of

what he personally witnessed on the 28 November, 2008. His

account left one in no doubt that his investigations and follow-ups

indicated that the Hausa /Fulani did not only start the mayhem but

perpetrated a lot of havoc. He retorted however, that there was no

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need for that in view of the Nation’s past experience in inter-

communal relations and the sprit of “one nation, one destiny” that

had marked the National struggle and had kept the Nation together

as one. The General is of the opinion that it would be rather far

fetched to look for links between this unrest and activities of

international Islamic radical groups like the Taliban and Al-Qaeda.

Considering the cultural affiliation and religious persuasion of

the Hausa/Fulani, he expressed the belief that the position of the

Sultan of Sokoto could be used to bring about the desired

integration and harmonious relationship between the Hausa/Fulani

on one hand and the indigenous ethnic groups and other Nigerians

based in Plateau State on the other. He recalled how cordially he

had interacted as Head of State with the father of the present

Sultan of Sokoto. He also recalled his personal experience during

his recent “Nigeria prays” visit to Sokoto and noted that the

present Sultan is in position to positively influence the thinking and

orientation of the Hausa/Fulani in Plateau towards better relations

with the immediate communities.

He felt that the Jos crisis could be attributed to the attitude of

politicians who want to assume power by hook or by crook and

that religion was only being used to achieve selfish and narrow

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interest instead of being used to unite people. He suggested that

traditional and community leaders should in future be held

responsible for any breakdown of law and order in their domains.

He emphasized the need for tolerance and good understanding

and for Nigerians to love one another so that government at

various levels could take care of their welfare. He hoped that the

Commission’s Report would be implemented to avert future

occurrences.

8.4 Chief Solomon Daushep Lar

Chief Solomon Lar recalled how effectively he had been

able, as a Governor to carry along the Hausa/Fulani and how

much respect they had for him. He emphasized that the issue of

indigeneship has to be constitutionally resolved so that people can

feel free wherever they are and contribute effectively to national

development. The act of governance should be an inclusive one

without discrimination because where people are not carried along

there is potential for friction; and leaders must recognize that there

is a need to educate their followers properly. As an elder

statesman, he noted that the best approach that would help create

a conducive atmosphere for peaceful co-existence and the

building of a virile Nation, is to foster mutual respect, mutual love

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and the spirit of give and take. The political terrain in the country

is such that no people can be an island on their own without

interacting with others. For this reason there is need to encourage

the spirit of cooperation and good neighbourliness.

8.5 Chief Joshua Chibi Dariye

The emphasis in Chief Dariye’s contribution was on

continuity in governance. He believes that if some of the socio-

political structures he had left behind had been built upon and

lessons were learnt from past experiences, the Unrest might not

have occurred or might have been less devastating. He too

mentioned the need for the spirit of give and take. He practically

dramatized the undesirability of the concept of “winner-takes-all”

and noted that followers would give maximum support and

cooperation if, in words and deeds, the leader shows them that

they too are forces to be reckoned with.

He recalled that greater caution would normally be required

to conduct an election in Jos North Local Government Area and

specifically lamented the scheduling of the election for a Thursday

with the consequence of the result having to be released on a

Friday. He recommended specifically:

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i) That the issue of security should not be toyed with as this could explode and lead to monumental loss of lives and property.

ii) That Government should be inclusive in handling security matters as no single individual had monopoly of wisdom and expertise over governance.

iii) That religion is a matter of personal conviction, and therefore should not be imposed on any one.

iv) That there is the need for proper education and enlightenment of adherents of various religions.

v) That the Inter-Religious Council committee be strengthened to discharge its responsibility effectively.

vi) That proactive security should be taken in the event of any likely crisis, so as to nip it in the bud at the initial stage.

vii) That Government should provide a conducive environment for the teeming unemployed youths who are often used to unleash mayhem on innocent citizens.

viii) That the various crises in Plateau State and in Jos in particular had been largely due to agitations for non-inclusion of other ethnic groups.

ix) That non-integration among the people had been a major problem and therefore there is the need for proper integration among the diverse ethnic groups in the State.

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x) That there must be recognition of other ethnic groups especially the Hausa/Fulani as some of them may not be able to trace their roots any longer.

xi) That the interest of all ethnic groups must be considered in the act of governance to achieve peace.

xii) That the State Government should revisit the creation of Village Areas, Districts and Chiefdoms as such will give a sense of identity and belonging to the people.

xiii) That the Jos North Council of Chiefs where major ethnic groups in Jos were represented be reactivated to foster peace.

xiv) That there should be constant dialogue among diverse interest groups for peaceful co-existence.

xv) That the youths who are unemployed be gainfully engaged to avoid youth restiveness.

xvi) That there should be tolerance by all to achieve peace.

xvii) That there should be team work for the development of Plateau State and Nigeria.

xviii) That people should imbibe the spirit of forgiveness and eschew violence.

xix) That Government should ensure that the use of loud speakers in Mosques and Churches be stopped to avoid unnecessary provocations and sensational preaching by some over-zealous religious leaders.

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xx) That Government should re-open the Plateau State University as it was also a major source of raising tension.

xxi) That development of Government infrastructures should be widespread and not selective.

xxii) That in politics, there should be no enforcement of candidature to avoid uprising”.

The view of the Commission is that these advices are very

rich and valuable.

8.6 The Gbong Gwom Jos

The Gbong Gwom recalled with nostalgia the tremendous

contributions non-indigenes of Jos had made to the development

of the city and its environs. Mentioning by name many of such

personalities he had grown up with as youths he pointed out the

most accommodating spirit with which the indigenes had

interacted with them. However, considering the high esteem in

which people hold their culture and tradition, guests owe it as a

duty to ensure that they respect the sanctity of the “host’s

bedroom”. He observed that the teachings of the major religions,

especially Christianity and Islam, are complementary and

comprehensively encompass what we all need in order to derive

maximum benefits from one another. Christianity emphasizes

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love, Islam carries the banner of peace, and certainly we would not

have crises if we genuinely imbibe the spirit of love and peace. He

further called on politicians to stop overheating the system for

personal gains and to shun greed. He expressed hope that the

State Government would implement the Report of this

Commission.

8.7 The Sultan of Sokoto

The Sultan observed that the visit of the Commission to his

palace would go a long way in projecting the image of the

Commission. While he expressed confidence in the Commission,

considering the integrity and reputation of its members, especially

the Chairman, he urged the Commission to go all out to unravel

the whole truth of what happened on November, 28 and 29 2008.

He mentioned that he had received saddening reports of colossal

loss of lives and property and expressed the hope that a time

would come when all Nigerians would feel absolutely at home in

any part of the country where they choose to reside in, irrespective

of ethnic affiliation or religious persuasions. This sentiment he had

expressed in his acceptance speech at the award ceremony at

Anambra State University when he was given a honorary

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Doctorate Degree of the University on 20th November, 2008, barely

one week to the unfortunate Unrest in Jos. He emphasized

i) That the injustice in respect of indigene/settler matter must be corrected through state laws or by the Constitution.

ii) That the leadership at various levels must always be honest and upright in its act of governance to enable people feel at home anywhere they find themselves.

iii) That the political leaders must be told the home truth and be proactive in governance.

iv) That traditional rulers had been placed at the background in the scheme of things in the country and were only required when things had gone wrong.

The interactions with these dignitaries revealed that all

Nigerians irrespective of ethnic, religious and social

differences have a strong faith in the existence of Nigeria as

a united and indivisible nation and that we stand to gain

more as a people if we bury our differences and work

together. That we have come a long way as a nation and if

we continue to promote tribal, religious and political

cleavages, it will serve us no good. That religion should be

an instrument of integration and peaceful co-existence rather

than of mayhem and destruction. That with mutual

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tolerances and the spirit of give and take we can overcome

our difficulties. A true test of religiosity which we all greatly

profess is when we co-exist and live together in peace. That

we have greatly misunderstood each other and if we open

up our hearts we will see that there is in fact no basis for all

these frictions. There is the need for Christians and Muslims

to accommodate one another in the interest of peace all over

the world since peace is the corner stone of both religions.

But then these types of crises are a wake up call for the

Country to address the issues that give rise to them, else it

will consume not just a section of the Country but the whole

Country.

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CHAPTER NINE

9.1 Conclusion

The Commission concluded the assignment given to it by the

Plateau State Government with regard to the Unrest of 28th

November, 2008. The Commission started its mission on the 15 th

January, 2009 and concluded it public sittings on the 8th August,

2009 with the final submission of its report on the 27th October,

2009, after having received an extension of its mandate to end on

31st October, 2009.

The Commission was able to accomplish its assignment as

reflected in its terms of reference. The first chapter covered the

preliminary and introductory matters, while chapter two and three

dealt into the issue of the immediate and remote causes of the

Unrest.

Chapter four examined in detail those individuals and/or

organisations who are said to be directly or indirectly responsible

for the Unrest. Chapter five detailed the loss of lives and injuries

to persons, whilst the losses of property suffered by those who

presented memoranda is detailed within chapter six and further

particulars of the claims are provided in Volume 1A as an

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Appendix to the Main Report. The pertinent recommendations

which the Commission distilled from various memoranda and

representations are contained in Chapter seven. The Commission

further proceeded to make some general observations in chapter

eight of this Report. The Report thereby concludes with this

present chapter.

The Commission took what it felt was a unique step and in

an efforts towards a truthful and reconciliatory Report invited and

interacted with numerous dignitaries. This it felt was important if

the desire for peaceful co-existence between the Hausa/Fulani of

Jos North Local Government Area on the one hand and the

indigenes of Jos North on the other, as well as with other Nigerian

citizens resident therein is to be achieved. Indeed, the need for

peaceful cohabitation cannot be over emphasised in order to

ensure that there is no re-occurrence of violence and that the

quest for peace does not become illusory.

The Commission feels that certain actions must be taken not

only in Jos North Local Government Area but in the whole of

Plateau State. People need to be re-orientated on ways of living

together. The Commission observed that this togetherness was

not new, with evidence of the numerous non-indigenous tribes

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cohabitating in Jos for over a century. The Yorubas arrived in

1850, the Hausa/Fulani arrived by all records in 1904, the Igbo

around 1913, and the Urhobos and South-South communities from

about the 1820, amongst others. If these people have lived

together all this time, surely there must be a way of ensuring

continued peaceful co-existence. Therefore, the need for

initiatives on peace building and conflict resolution is a necessity.

The State must find a means of closing ranks with those who are

disgruntled both within and outside Jos North. Hand of fellowship

must be extended to ensure that it is not a “winner takes all” but a

“winner shares all”.

There can be community of purpose in Jos North regardless

of religious, political and ethnic or tribal differences; a model for

the rest of the country. There is need for dialogue and the State

Government should be at the vanguard of this effort. The

Commission found that at the root of these recurring clashes is the

issue of economic strife although other elements, such as religion,

politics and ethnicity are easily used as a smoke screen. A good

example of this was where witnesses informed the Commission of

how quickly offers were made to buy damaged homes cheaply or

even forcefully taken over, once its inhabitants had been

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displaced. In memorandum JCI/J/160/2009 presented by the Izu

Umunna Cultural Association Jos, the Igbo Community stated that

“we further submit that what happened was premeditated, carefully planned and executed action by the Hausa/Fulani community to destroy the financial bases of the Igbos, drive the Igbos away from the areas attacked, loot their movable properties, annex or buy their immovable properties at fear driven, panic driven, ridiculously low prices as was successfully done in 2001”

The memorandum presented by the Human Rights Watch

supported this notion when it said

“Religious, political and ethnic disputes often serve as mere proxies for severe economic that lie beneath the surface”

The Commission has gleaned from all that has been

presented before it, that tolerance, the spirit of give and take and

the rejection of aggression and antagonism will play vital roles;

however what will go a long way is the education of the teeming

youths who are easily manipulated to perpetrate violence. In the

immediate and the short term, recognised flash – points must be

adequately and regularly policed with the set up of permanent

security posts within these areas.

The work of the Judicial Commission of Inquiry was to some

extent limited by the deliberate non participation of the

Hausa/Fulani people, members of key organisations such the

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Council of Ulamas, and the Jama’atu Nasril Islam (JNI). This was

premised on allegations of bias levelled against the Plateau State

Government and the Chairman of the Commission. These

allegations have been vehemently denied by both quarters on

numerous occasions.

Even though there is no doubt in the mind of the

Commission that the Unrest of 28th November, 2008 erupted from

acts of violence initiated by some Hausa/Fulani Muslims, a point

corroborated by the Police, nevertheless the Commission felt that

it ought to hear from both sides. The only contribution of this

groups was a letter from Jama’atu Nasril Islam. The Commission

was however supplied with figures of those killed through the

memorandum presented by Human Rights Watch:

“The final death toll from November 28th – 29th violence is still unclear. Muslim authorities in Jos have registered 632 dead including several hundred victims buried in three mass burials on November, 30 and December 1 (from an interview with Sheikh Khalid Aliyu, a spokes person for the Jos North Muslim Ummah official in Jos)…”

The Commission could not verify the above claim but is left

in no doubt that massive casualties were suffered by the

Hausa/Fulani Muslims.

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Therefore, the Commission proposes that these groups must

be engaged in dialogue and a sub-Commission may be set up to

look into their own claims.

The Commission restates here that despite the coincidence

of time, the Local Government election of 27th November, 2008

were not an immediate cause of the unrest, but they had

subsequent effects in that the feeling that the Hausa/Fulani has

lost the election and had by that token lost access to one of the

major opportunities for economic domination and advancement

amongst their people pushed them to violence.

Politicians therefore have a great role to play in suing for

peace and they should be admonished where politics seeks to

explore religion and ethnicity.

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ACKNOWLEDGEMENT

The Commission having completed the mandate given to it

beholds a feeling of eternal gratitude for the opportunity accorded

to it to serve. It therefore becomes necessary to thank all those

who worked tirelessly to ensure the successful completion of an

arduous assignment and who made invaluable contributions to the

work of the Commission.

Our initial gratitude must be extended to every one of the

individuals, groups and organisations who came before the

Commission either to present memoranda or act as witnesses

before the Commission. Your contributions constituted the nucleus

around which our assignment revolved. It was clear to the

Commission that many of these contributions were made at great

cost to you. Indeed, it was a painful experience for the many of

who had to recount the details of their all-too-recent experiences,

the physical and mental scars of which were still very fresh. Your

commitment was to us, a confirmation of the fact that you reposed

your trust on the Commission. We admire and salute your

courage. We also thank the lively audience that came to the

Commission and spent time listening to almost all the

Commission’s daily proceedings.

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The Commission recognises the efforts of its members for

the wonderful sense of comradeship displayed between them.

Each one of you proved that you were most able and enduring.

The Commission could not have gotten better persons for the

assignment anywhere in the State.

Our next appreciation go to Chief D. G. Fompun, the able

and tireless Secretary of the Commission for managing the affairs

and coordinating the work of a sound Secretariat for the

Commission, and also overseeing the welfare of the members.

(We call him Chief here because, he started with the Commission

as Mr. D.G. Fompun but was subsequently made the Makaman

Mangu halfway through our session). We say, well done. Chief D.

G. Fompun, you have done very well and showed that your

appointment was well deserved. The Commission also thanks the

Assistant Secretary 1, Mr. P.K.Gurumna’an who started with the

Commission but along the way took ill and could not continue. He

was such an able Assistant Secretary to the Commission. We wish

you a quick recovery from your illness. Our thanks go to all the

other Assistant Secretaries, Mr. Richard Tome, Mr. Ambrose

Zwalnang, Mr. Emmanuel Bimtet and Mr. Solomon Mwankon.

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The Commission had the fortune of being supported by a

team of brilliant lawyers who acted as Counsel to the Commission

ably led by Barr. Charles Obishai, Barr. Paul Agbo, Barr. Paschal

Mammo, Barr. Jim Gotom and Barr. Binchen Janitor. The

Commission’s work might have been truncated but for the efforts

of the Lead Counsel and vigorous defence he maintained against

various litigations instituted against the commission. He did such a

wonderful job and candidly, we dare say he deserved his

appointment as Lead Counsel.

We must not by any stretch of imagination forget to thank all

the learned counsel who appeared before the Commission and did

a marvellous job of their assignment either as party-counsel or as

amicus curiae. Your contributions were invaluable to the work of

the Commission.

Our thanks also go to the Registry staff led by Mr. Mark

Mallan, and including Mr. Patrick Ajijelek, Mrs. Victoria Go’ar, Mr.

Orji D. Deshi, Mr. Bulus Ajiji, Mrs. Na’ omi Jugu and Miss

Henrrieta Botmang. We must also not fail to say a big thank you to

the Secretaries and Senior Computer Analysts, Mr. James Gado

Chinge Dodo, who practically slept in the office to ensure that this

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Report was typed and ready for submission on time, along with

Mrs. Ladi Izang who worked with him.

We extend our appreciation for the work done by the

verbatim reporters of the Commission, Mr. Michael M. Mancha, Mr.

Joseph Mwangyel and Mr. Noel Lipgan.

We cannot forget the photographer of the Commission, Mr.

Banahel Mangut, who took all the photographs in the Commission

and ensured that the memories of the activities of the Commission

shall be kept alive.

We note with appreciation the efforts of Mr. Yakubu

Rwang ,David Bishe and Mrs. Martina Gojang who all worked

very hard to keep the venue of the sitting of the Commission and

its environs very clean.

We commend the Commission’s Technician, Mr. Fabian

Fottiem, who ensured that all the Commission’s electrical

appliances were in good working condition at all times. He was

also always on standby to put the Commission’s generator on and

ensure that the Commission’s sittings was never disrupted any

time that there was power failure caused by PHCN Plc.

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Our thanks go to the team of Mr. Christopher Gyang, Mr.

Chollom Pam , Mr. Moses Zitta, The tireless Mr. Yohanna Adams,

Mr. Sunday Yilbish, Mr. Lawrence Agyos, Mr. Austin Usman,

Mallam Wetka and Mr. Alex Adi who served as drivers to the

Commission.

The Commission’s work received ample coverage because

of the due co-operation given by the Press crew ably led by their

Media Coordinator, Mr. Harris Dawurang. The Commissions

sittings received wide coverage not only in Plateau State but all

over the Country.

The security operatives which included the Police and SSS

detachments did a good work of maintaining order and peace,

around and within the venue of the Commission’s sitting and the

ensuring the personal security of its members during the risky

undertaking.

Finally, our eternal gratitude goes to God almighty, who

protected us all. May his peace continue to reign in Plateau State.

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DEDICATION

This Report is dedicated to all those who lost their lives

during the unrest, the entire people of Jos North Local

Government Area and Plateau State in general and God Almighty.

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This being our deed upon which we set our hands this 27th

day of October, 2009:

………………………………………………….

His Excellency,

Judge Bola Ajibola, SAN, KBE, CFR

Chairman

……………………………………………………….

Prof. Muslih T. Yahya

Member

…………………………………………………………

Barr. Daniel Gopep

Member

…………………………………………………………

Barr. Ogbene Virginia Abang (Mrs)

Member

…………………………………………………………..

Mr. Sale Fale

Member

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