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

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, The Federal Government set up the General Abisoye Panel of Investigation on the Jos crisis, The State House of Assembly set up a Committee to look into the details of the November, 28th crisis.

ii) iii)

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 Yaradua 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 Saad, while Alhaji Shafil 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

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 Yaradua 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 States 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. 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 Courts 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 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 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 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 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,CFRii) Professor M.T. Yahya iii) Barrister (Mrs.) Virginia Abang iv) Barrister Daniel Gopep v) Mr. Sale Fale vi) Chief D.G. Fompun Chairman Member Member Member Member 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 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 Commissions terms of reference.

1.5 Functions of the Commission

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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;

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 magistrates 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 magistrates court except that failure to pay such fine shall not warrant an order directing imprisonment;

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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.

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

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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 of the Commission was that any person whose conduct is the subject of enquiry by the Commission or who is in any way

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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. ii. iii. iv. v.

Charles Obishai Esq., Paul Agbo Esq., Pascal Mammoh Esq., Jim Gottom Esq., Binchan Janitor Esq.,

- Lead Counsel - Counsel - Counsel - Counsel - 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.

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The sitting of the Commission was held at the Azi Nyako Youth Centre, Dadin Kowa, Jos, Plateau State. 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

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Youth Centre Yakubu Gowon Way, Dadin Kowa, Jos. Telephone Number; 08056401066 and 08037019041

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 Chairmans 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

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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 Chairmans 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 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 Commissions 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 Commissions 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.

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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.

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, 21 st 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

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their very good coverage and thereby educating the public on the Commissions 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 Commissions 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.

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,
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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.

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. instituted were: The cases

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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 Saeed (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.

1.17 Chairmans 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.

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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 tribes as one body that has a coincidence of common or joint social, political and religious agenda.

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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.

Chapter Two

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

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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 Commissions 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 ---- Jamaa, 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 nonMuslims 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

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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

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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 Commissions 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

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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.
32

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

33

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 dont 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.

34

The Commission concludes that the immediate cause of the Unrest of 28th November, 2008 in Jos was the attack initiated by 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.

35

CHAPTER THREE

3.0

Remote causes of the Unrest During the cause of the Commissions 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 Commissions 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.

36

However, the Commission, going by its mandate, finds the following to be the remote causes of the Unrest.

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. JCI/J/23/2009/2 JCI/J/23/2009/27. Justice Aribiton Fiberesima Report is Exhibit while Justice Niki Tobi were report is Exhibit in the

Both

exhibits

tendered

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.

37

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 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

38

the other hand as a major remote cause of the civil Unrest of 28th 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 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 Daughters. Anaguta Community presented Memorandum presented by Izere (Jarawa) Concerned

JCI/J/139/2009 before the Commission and on page 7 of the Memorandum stated that:

39

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 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

40

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 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 peoples 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.
41

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 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

42

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 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

43

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 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
44

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 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

45

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 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. Indigenous Development Association (PIDAN) has Plateau 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.

46

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: ----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 20 th Century as labourers in the mine fields, then their claim that their ancestors met Jos a virgin land and founded same cannot be true.

47

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 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

48

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. 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

49

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 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
50

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. 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 Fiberesimas 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

51

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 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
52

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. 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 nonnatives 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
53

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 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 cooperation 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.

54

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; the South-South citizens, particularly the Urhobos from Delta State were the first to settle in Jos. Since our greatgrand 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 nonnative 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.

55

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 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

56

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: 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

57

in their respective reports identified the persons, groups of persons, organizations or institutions directly or indirectly

responsible for the crises and recommended sanctions. 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 Matos junior brother, Sanusi Mato, held a meeting at Masallachin Jumaa 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. 2. 3. 4. 5. Usman Ibrahim Yahaya Garba Usman Likita Usman Iliya Mansur Nakande Publicity Secretary State Deputy Chairman Leading member Chairman Jos North 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 Jumaa to carry out a demonstration on 12th April, which they did. The Commission therefore finds, the Jasawa Development

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Association as a group to be directly connected with the riots. Danlami Babajoda, the States 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 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 Teacher Madam Hanatu Madam Rhoda Mr. Sunday Maman Ayuba Mr. Paul Danjuma 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, Jamaatu Nasril Islam, BECO Solidarity Forum, Jos North, and Plateau Youth Council as having participated in the crisis. See page

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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 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 Fiberesimas 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. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Alhaji Yaya Aga Abubakar Alhaji Sanusi Mato Danlami Babajoda Usman Ibrahim Yahaya Garba Usman Aliyu Usman Likita Mansur Nakande Mr. Baba Teacher Madam Hanatu Madam Rhoda Mr. Sunday Mama Ayuba Mr. Paul 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
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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. Lastly in this regards we recommend that the States 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.

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Quite a large number of memoranda presented before this Commission as well as witnesses who testified also fingered nonimplementation of the recommendations of the previous

Commissions of Inquiry as one of the remote causes of the November 28th, 2008 Unrest. 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 its 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

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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 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:

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POLLING S/N W A R D 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Abba Na Shehu Ali Kazaure Garba Daho Gangare Ibrahim Katsina Jenta Adamu Jenta Apata Jos Jarawa Naraguta A Naraguta B Sarkin Arab Tafawa Balewa TudunWada/ Kabong Vandapuye TOTAL UNIT 29 38 26 20 25 24 34 37 31 106 17 11 63 11

VOTERS REGISTERED 15,620 15,726 11,258 10,674 11,463 12,418 17,245 19,644 17.375 72,202 10,303 4,245 41,015 7,986 266,761

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
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(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. 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

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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 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 illfeelings 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
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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 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

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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 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 jamaa 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,
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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. 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, its 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.
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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 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. 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 The Islamic Revolutionary

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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 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.

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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, 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:
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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. 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 todays 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.
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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

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

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placed before this Commission, we could not lay our hands on any publication from the indigenes that was provocative and inciting. 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,

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similar inciting and provocative publications were remote causes of November, 28th 2008 crisis. 3.6 Creation of Jos North Local Government Area 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
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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. 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

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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 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

78

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 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

79

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) boundaries, with the State Secretariat and Governors 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

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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 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

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looked into the issue since Government should be a continuous process. The attempt by General Ibrahim Babangidas 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
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Committee on behalf of Al-Qaeda Network of Nigeria in conjunction with Jasawa Development Association. The Elders of 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 JosJarawa 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

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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 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.

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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 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. 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
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It was stated therein as

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 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

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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 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

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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 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.

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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 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 Barrister A.A. JCI/J/221/2009 Ibrahim who before also
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the

Commission

and

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 follows: One way in which they cleverly gain recognition is by attaching themselves to a recognised Islamic Organisation such as JNI (Jamaatu 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 JCI/J/221/2009 stated therein as

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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 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

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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 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
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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 Mohammeds 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. 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. 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.
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Mr. A.I. Ogbagbe

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 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:

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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 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.

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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 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 Commissions 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

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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 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

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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.

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

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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 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:
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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 didnt give me attention. Consequently the attackers had enough time to execute their evil plans not only burning the Church, but pulling down the walls. Mr. Sunday Gomper who submitted on and presented 19 of his

memorandum

JCI/J/91/2009

stated

page

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
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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 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 shooton-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

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Jidauna Dimka, Secretary to the Plateau State Government to the Commission. The response itself was tendered before the

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-forfire 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-sightorder to any Police officer during the crisis. The whole operation was guided by operation order.

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Even the Human Rights Watch emphasised the fact that the Army and Police authorities denied the fact of excessive use of force and arbitrary killings. 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 Human Rights Watch stated in its

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killings were done by persons impersonating security forces. 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.

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If these lapses are identified and rectified by the authorities, we will have a functional and responsive Military and Police force 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 payers 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..

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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 7th, 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.

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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 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 Ziras 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.

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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 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
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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 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

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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 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.

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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 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
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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 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

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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 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

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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. 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
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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 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 HausaFulani 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
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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. 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

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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, 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
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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 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

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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 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
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demand. With dialogue, mutual understanding and peaceful coexistence, 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 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

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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. 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 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) People must

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

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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 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

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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 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
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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: 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

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of Jos on the other hand. segregative settlements.

This frosty relationship has led to 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 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
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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. 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.

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As a result of these segregative settlements which has discouraged rather than encouraged integration and peaceful coexistence 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

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

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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 irrespective of their religions or ethnic differences will go a long way in fostering harmony and peaceful co-existence among them.

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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 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. Individuals, Groups of persons and Institutions indirectly responsible for the Unrest and their roles in precipitating the Unrest and appropriate sanctions

ii)

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
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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) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) Hausa- Fulani Youth Dansabe Musa Madu Mallam Murtala Alhaji Wada Ibrahim Gambo. Usman. Abubakar. Awalu Dahiru Saidu Hausa Leaders and Elders Aminu Mato, the ANPP Chairmanship candidate for the local Government Election held on 27th November 2008. Alhaji Auwalu Mai Sugar The Police Honourable Nazifii Mohammed Members of Ulama The Mosque located opposite the Seminary gate and behind the Seminary institution. The Mosque before Katoko Bridge and the one at Angwan Rogo. Mosques located in sarki Mangu and Masallacin Idi Muslim youth Usman Sanusi Ibrahim Haruna Alhaji Abdullahi Salisu Kareng Ali Sheikh Sani Yahaya Jengre, a Muslim Cleric in Jos. Alhaji Danladi Pasali, former Chairmanship aspirant for Jos North ( PDP)

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30) All Mercenaries, Alimajiris and foreign nationals arrested in the battle field during the riot. 31) The Tudun-Pera Mosque 32) Bulbula Mosque 33) The Imams of the 2 mosques 34) Musa Sati 35) Alhaji Musan Sati 36) Alhaji Garba Abdulkadi. 37) Alhaji Hassan Mohammed 38) Alhaji Ali Abubakar 39) Alhaji Ado M. Ibrahim 40) Alhaji Ado Datti 41) Alhaji Sabo I.Kebur 42) Alhaji Usman Ladan 43) Hussaini Paraguay 44) Mohammed Sani Mudi 45 Alhaji Usman Ibrahim Abubakar 46) Moses Rwang Dung 48) Hon. Abdul Ningi MHR 49) Ahmadu Laushi 50) Alhaji Auwalu Yelwa 51) Jamaatul Nasril Islam (JNI), Jos North 52) Alhaji Abba 53.) Ibrahim Mohammed, National Museum , Jos 54) Mallam Idris Abdul 55) Mohammed Usman 56) Alhaji Salihu Mohammed 57) Mohammed Adam 58) Mallam Hassan Bazza 59) Mijin Patu Mai Itace 60) Baba Audu Miango 61) Baba Maigemu Rikkos 62) Buhari (the son of Alhaji Bala). 63) Shehu Bala 64) Aminu Umar 65) 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.
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70) 71) 72) 73) 74) 75) 76) 77) 78) 79) 80) 81) 82) 83) 84) 85) 86) 87) 89) 90) 91) 92)
4.1.1

Dogon Tonga. Bala Scroll Mai Ido Daya. Uzu (Youger brother to Shaibu). Yusuf Garba. Alhaji Garba Bude Ido. Tyson Danwasa. Dog Dealer of Alhaji. Ibrahim Allarama. Umaru Aljan. Mubarak Isiaku. Garba Abubakar. Isiaku (Father of Mubarak). Murtala Adamu (Mai Gishiri). Mustaph Mustie. Siyaye (Alhaji Alis son). Ibrahim Danbanga. Sheik Bala Dauud. Sheik Alhassan Said Alhaji Ali (Father to Modibbo Siyaye). The Police and the army. Tudun Wada Christian Youth Vanguard The Berom Youths

Roles of the alleged culprits in precipitating the Jos Unrest 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.

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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

explosives into it which exploded and burnt down the structure. Another half of this number went to the Churchs cybercaf and tried to force the windows open. When they could not force open the windows, they set the cybercaf ablaze. The youth also threw

handmade explosives into the Churchs pastorioum and broke its glasses. utterances: kill the infidel, the pastor is an infidel 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 he must not be They were also said to be chanting among other

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)

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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 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 Commissions proceedings of 26th February, 2009. The Commission, therefore recommends that the Mallam Musa Gwani be investigated by the Police and prosecuted, and if

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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 neighbours house on the 28th 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 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 Commissions 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
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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, 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.
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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 Commissions 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. 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
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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 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
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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. 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
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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 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 Maaji 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
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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

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 jamaa 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.

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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,

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.
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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. Mohd Wadatas

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 secretariats 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.Mohd Wadatas 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. Dont you see our Mosque and Muslim houses
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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 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

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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 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 Commissions 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.
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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). 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. Awalu was identified by Mrs. Binta John as the killer of her husband, Mr. Timothy John,

ii)

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

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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 peoples properties and callously killing innocent people. The Commission, therefore, 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 1415 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
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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. 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

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identified as being responsible for the Jos Unrest of 28th November, 2008: i) ii) iii) One Sikiru a Panel Beater Nuru, a carpenter in Rikkos Baba Audu Miango.

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 2 nd 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

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the following persons as responsible for the Unrest of 28th 29th November, 2008: i) ii) One Buhari, the son of Alhaji Baba One Kabiru, an Okada rider

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

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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. 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

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as being sponsors of and responsible for the Jos Unrest of 28th November, 2008. Ismaila Mohammed and,

i) 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

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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 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.

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(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 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
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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 28 th November, 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 Commissions 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
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(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: 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

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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

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

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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 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 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 was Government Area, Plateau State which memorandum and admitted in evidence as Exhibit should be

tendered

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
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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 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,
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ii)
iii)

One truck driver who lives in the same house with Abu,

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 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.

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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. 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.

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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 identified the following persons as responsible for the 28th November, 2008 Unrest: i) ii) iii) iv) v) vi) Muslim youth Usman Sanusi Ibrahim Haruna Alhaji Abdullahi Salisu Abdullahi 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

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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 Abdullahis 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 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
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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 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.

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(ii)

Another memorandum that came down heavily on the Police is Andrew N.

memorandum JCI/J/25/2009 presented by Evang. 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: 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

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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 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
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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 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

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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: around 11:00 Oclock, 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. Memorandum JCI/J/147/2009 - Human Rights Watch. This

(vi)

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

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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.......... 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

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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 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
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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 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

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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 JCI/J/38/2009/1 on the alleged influx of strange persons into Jos and its environs prior to the Local Government Elections of 27th 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
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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 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 :
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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 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 Jumaa 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,

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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. 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.

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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 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? 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.

ii)

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iii) (i)

Whether the Police was involved in arbitrary killings as alleged in Exhibit JCI/J/147/2009/1 above.

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 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

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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 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
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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 27th November 2008, when the first alarm was raised, if the Police had taken the matter seriously and quickly mobilized forces to the various flashpoints like Ali Kazaure, Angwan Rogo, Gangare etc, the Unrest could have been nipped in the bud. CP Samson V. Wudah, simply told the Commission in his oral submission during crossexamination 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

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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

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 didnt 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.

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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 Commissions 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 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).

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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 28th

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 after the election and how they have decided to protect their The

neighbourhood against any breakdown of law and order.

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
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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 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

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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. 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:

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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

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
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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 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:

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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 the Commissions 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.

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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 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. 2. 3. Alhaji Inuwa Ali The Daily Trust Newspaper JASAWA Development Association.
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4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.

Security Operatives Honourable Aminu Baba Idris Ibn Mohammed General Ibrahim Babangida Mohammed Haruna The State Security Services (SSS) The Nigeria Customs Services (NCS) Alhaji Sale Hassan, an elder in Jos North The Nigeria Immigration Services (NIS) Alhaji Usman Ibrahim Abubakar ( Jerry) the Chairman of Plateau Muslim Forum (PPMF) Jamaatu Nostril Islam (JNI). Hon. Shehu Bala Usman (Acting Secretary of ANPP) Alhaji Jamil of Jamil Motors Barrister Ahmed S. Garba Sheikh Mohammed Usman Kano Alhaji Ibrahim Mantu Alhaji Yahaya Karaku Council, Kogi State) The Governor and Government of Plateau State. (Okene Local Government Area

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:
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(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 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 coexistence 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 25th 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
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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 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 28 th 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 are: memorandum JCI/J/136/2009, memorandum

mentioned

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 Alis side of the story invited him to appear before it on the 21st day of July, 2009. He however failed to honour the invitation
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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 7th September, 2001. In the Justice Niki Tobi Main Report of September, 2002 on 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 Alumman 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

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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). 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
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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

Fiberesimas 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 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 its Reportage of the Unrest of

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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 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.
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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 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, the Unrest of 28th November, 2008. caused

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.

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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. 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. Memorandum JCI/J/107/2009 presented by Plateau Development Association Network (PIDAN) was

ii)

Indigenous

presented by Prof. Nenfort Gomwalk on behalf of the Association on

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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 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
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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 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 Commissions invitation. The Commission found as a fact that the

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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 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

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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, 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. Augustines 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 ....
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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 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,
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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 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
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the Commission.

Worship places as far as the Commission is

concerned are meant to preach love. peace and unity and not 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
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The Anaguta, Afizere and Berom saw this arrangement as a grand plan by the Hausa to seize Jos town from them. 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
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tendered in evidence News Gate monthly Magazine

of 15th

January, 2009 wherein this publication was made. The Magazine was admitted in evidence as Exhibit JCI/J/65/2009/2. 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 wouldnt 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 It was on

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

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people of the state, particularly, the Berom, Anaguta and Afizere communities who had wanted a Federe LGA. He further told the 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

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Jos North Local Government Area. The following documents were tendered and relied upon by Counsel: a) AIDE-MEMOIRE ON GUIDELINES FOR THE CREATION OF NEW LOCAL GOVERNMENTS admitted in evidence as Exhibit SA1, 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, 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, A Letter titled an open letter to the President...... dated 28th January, 1989- admitted in Evidence as Exhibit SA4, A document titled Meeting of Governors held on 18th September, 1991- admitted in Evidence as Exhibit SA5, An undated write up titled Request for the creation of a Jos East (Defunct Federe (sic)....... admitted in Evidence as Exhibit SA6, The States ( CREATION AND TRANSITIONAL PROVISIONS) DECREE (NO. 2) 1991 was admitted as Exhibit SA7. A letter from Berom Elders Council (BEC) dated 3rd June, 1992 titled Reconsider Jos Local Government Area- admitted in Evidence as Exhibit SA8, 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
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b)

c)

d) e) f)

g)

h)

i)

consensus of the people- admitted in evidence as Exhibit SA9. 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

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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. 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

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by virtue of memorandum JCI/J/160/2009, which urged the Commission to: 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

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evidence when he appeared before the Commission on the 31st July, 2009 to present his written response in order to explain some 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

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from the Eastern part of the Country to Plateau State and handed them over to the Police for further investigation. 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 of of Excise 19th 25th July, January, Circular 2004 2005 Nos. and which

NCS/ENF/ABJ/058/S.2/VOL.V NCS/ENF/ABJ/058/S.2/VOL.IV

according to him prohibits the establishment of Customs check points forty five kilometres radius from the border.

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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

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 Commission hereby of 25th that January, the 2005, the State

recommends

Plateau

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

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ammunition and other offensive materials into Government Area and Plateau State in general.

Jos North Local

4.2.6 The Nigeria Immigration Service, Plateau State Command: The Commission was also called upon by a memorandum

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
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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 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

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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 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.

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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: 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

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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 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
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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 The Commission invited Alhaji

Commission for 16th June, 2009.

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.

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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 Councils 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 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. 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. A letter dated 5th January, 2009 from CP Ibezimako Aghanya, the Commissioner of Police, Kogi State, to the Commissioner of Police, State Command

b)

c)

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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 NonIndigene Vigilante Groups and finally 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.

d)

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
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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 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-todawn 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. .......

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According to Human Rights Watch, while most of the intercommunal 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 shooton 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

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
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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-forfire from any person or group of persons disturbing the peace. It is this Statement of the Governor, he said, 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 subsection 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.

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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

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 shooton-sight order. In any case, the security forces have categorically
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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: 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.

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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 27th November, 2008 to ensure that the said Elections were held peacefully . The witness stated as follows: 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.

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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. 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
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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 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
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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 Mantus 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 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
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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 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
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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 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 Alhaji Sale Hassan, as

JCI/J/91/2009/1), the witness identified

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.
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(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 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
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this Commission to the previous Reports on Jos crisis, particularly, those of Hon. Justice J. Aribiton Fiberesimas Commission of Inquiry into the Jos Riots of 12th April, 1994 and Hon. Justice Niki Tobis 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 Fiberesimas 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, 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
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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). 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 Jengres 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 Jengres 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
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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 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.

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(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

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.

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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 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
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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 Council, Plateau State. This memorandum was presented on behalf of the Community by Mr. by Samuel Dung Davou on the 27 th 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.
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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. A Document titled Which are the Tribes Contesting For Ownership of Jos (from YANCI) Exhibit JCI/J/78/2009/3. Another document titled JASAWA MUSLIMS endorsed by Sheikh Mohammed Usman Kano, Exhibit JCI/J/78/2009.

(b)

(c)

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 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 Commissions proceedings for 27th March, 2009. In his evidence
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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 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.
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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. clarion call upon all Muslims in Nigeria The document is a 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, 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

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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 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
244

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 Kegas (Kegas 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. 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

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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. 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
246

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 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
247

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 Hon. Nazifi Mohammed as one of the persons

witness named

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

248

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 State. This

Association of Bassa Local Government of Plateau

memorandum was presented by Mr. Nuhu Ashama on behalf of the 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
249

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 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

250

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 him. He was personally served with an invitation to appear before the Commission. National Dailies. This same invitation was published in several The Commissions finds that the allegations The

against Hon. Nazifi are weighty and overwhelming.

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

251

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 Abbas 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 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
252

from their car stands shortly before the Unrest. The duo thus have a strong allegations standing against them. recommends that they be investigated. Ibrahim Mohammed was seen wearing army uniform and was armed on the day of the Unrest. 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. 4.2.17 The Council of Ulamas and Jama atu Nasril Islam Jos North (JNI) Council of Ulamas and Jamaatu 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
253

The Commission

He should be thoroughly

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. 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 Jamaatu 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

254

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 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
255

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 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
256

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, 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 threatened to leave PDP or vote en-mass for the opposition parties, particularly ANPP,
b)

The agitation of other political parties for lack of confidence in PLASIEC to conduct free and fair elections,
c)

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
257

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. 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.
258

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. 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 Commissions 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 Commissions 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.

260

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. 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. 2. 3. Aaron Asaharu Samuel Amanya Assak Adudu Achisun

MEMO.JCI/J/151/2009 Stefanos Foundation 1. 2. 3. 4. Amos Goyo Ige Dogo Samson Ajala Laraba Ishaya
261

5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33.

Tunde Oyilola Dauda Dagama Chinedu Emeka Paul Agwam Danjuma Goyol David Goyol Israel Goyol Abednego Sule Adani Mathew Henry Ezike Steven Olanrewaju Ngokwa Ismail Mr. Okeke Eket Mr. Kosara Okeke Miss. Ngozi Okeke Mr. N. T. Yusuf Agabu Istifanus Dauda Dagama John Michael Arandon Adang Rev. Ephraim Masok Peter Martha Azi Samuel Arin Peter I. Arin Dung Tok Shugatan Zfinaza Yinka Ojebisi
262

34. 35. 36. 37. 38. 39. 40 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62.

Abraham Oladimeji Danladi Machocho Dennis Nyam Philip Atem Cletus Eliya Nenfort Danbaba Ishaya Dekin Irimiya Samson Ajala Bala Tapnu Nicodemus Daniel John Garba Monday Ido Agabus Istifanus Samuel Joseph Tunde Oyedokun Victor Eliya Bitrus Bawa Jacob Yinka A. Samuel Kum Nike Obe Adegbemiro Dale Victoria L. Daniel Laraba Iliya Yusuf Jacob Pastor James Lawet Bulus Daniel Rev. Timothy Abituna Sunday Alawode Noah Olaniyi
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63. 64. 65 66. 67. 68. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91.

Samuel Olaniyi Abigail Olaniyi John Aboyi Iliya Peter Emmanuel Luka Barr. Atang Toma Afan Barnabas Anno Bawa Inuwa Rotgak Gana Hassan Baba Joseph Nyango Daniel Ibrahim Geoffrey kwonpat Danlami Zusha Rev. Bulus Tsety Bulus Daniel Moses kyata Francis Stephen John Pam Chibi Ibrahim Sako Maikole Maiagwa Daniel Sunday Kmsi Sani Timothy John Bisat Danjuma Francis Aruma Emmanuel Gaiya John Garba
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69.. Mary Chukanya

92. 93. 94. 95. 96. 97. 98. 99. 100. 101.

Musa Manja Yohanna Musa Manja Davou Barge Gyang Davou Barge Bot Chewnd Timothy Tanko Sunday Alamu Ishaku Gimba Azi Ada Rin Bulus Nyam

MEMO. JCI/J/112/2009/1 Mrs Rahila Goyol, Kauna Baptist Church, Rikkos , Jos. 1. 2. 3. 4. Mr. Amos Goyol* Tokitda Amos Goyol* (all listed in Memo JCI/J/112/2009) David Amos Goyol* Israel Amos Goyol*

MEMO.JCI/J/68/2009 Irigwe Community Domiciled In Jos North. 1. 2. 3. 4. 5.. 6. 7. 8. 9. Bulus Ali Denkwe Gado Mrs. Izah Ige Tegwi Mrs. Salalve Joseph Tari Diba Kpasha Isiaku Ransa Kureh Duzongo

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10.

Danladi Yakubu Juwa

MEMO. JCI/J/22/2009 Rev. D. A. Ogunlowo And 1 Or 1. 2. 3. Mr. Mathew Aja. Mr. Alawu Mr. S. A. Dele

MEMO.JCI/J/28/2009 - Mwaghavul Development Association Jos Branch 1. 2. 3. Mr. Agabus Dechan Mr. Bulus Chafen 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. 2. 3. 4. 5. 6. 7. 8. Hse Grace Kaze (S. 4425) Madam Christiana Pai (S. 5003) Oshowo Comfort (S. 4459) Mrs. A. A. Badewa Mrs. F. A. Dosunmu Mr. W. A. Fanko Mrs. E. Adekunle 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).
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MEMO. JCI/J/159/2009 Prof. Sonni G. Tyoden 1. 2. 3. 4. 5. 6. 7. 8. 9. Uchenna Ezike * Samuel Akipisoya Olubaomi Taiwo Dang Weng Ibrahim Dauda Balogun Emmanuel Ogunji Sayo Mr. Maxwell Dewa Victor Amaziah

MEMO.JCI/J/137/2009 P.D.P. Elders Northern Zone Forum Plateau State 1. 2. 3. 4. 5. 6. 7. 8. Mr. Kwasu Zaruma Mr. Timothy John * Mayowa Bolaji Joseph Poujugu Barr. Azi Musa Afan Samuel Arin Izang * Danladi Yakubu* N. T. Yusuf*

MEMO. JCI/J/134/2009 Church of Christ in Nigeria 1. 2. 3. 4. 5. Pastor James Lewat* and three other members 5 members COCIN Nassarawa Timothy Joseph Joseph Fom Jugu Dung Tsok*
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MEMO.JCI/J/171/2009 Mrs Comfort A. Akinjogbin 1. 2. 3. Oluwaleke Akande Adetola Odusole Ibukun Akinjogbin (all NYSC)

MEMO.JCI/J/79/2009 Haske Women Association Russau Village Jos North L.G.A. Plateau State. 1. 2. 3. Mr. Kwasu Zaruma Timothy John* Mayowa Bolaji

MEMO.JCI/J/37/2009 Ngas Development Association Jos North Branch. 1. 2. 3. 4. 5. 6. 7. 8. 9. Nde Bala Munuk (Alias dont cook) Nde Gabriel Bile Nenfort Danbaba (repeat of Memo No. JCI/J/94/2009 Jirit Danbaba Fwengak Rotshak Amos Goyol and three children* Ishaya Bellneng Nengak Deshi Michael Goyol*

MEMO. JCI/J/127/2009 - Igbo Community Association (I.C.A.) Jos 1. 2. 3. Onyekachi Nnadi Nwakego Madumere Cletus Chukwu
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4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32.

Ikedi Duru Henry Nwachukwu Ogechukwu Inyama Uzondu Njoku Amechi Nmadufor John Ukachi Gabriel Nwaigwe Nnamdi Uzogara Chijioke Anim Rascal Uchendu Livinus Opara Kenneth Osuji Cyril Ezeh Chidiebere Etonihu Chukwudi Okwara Albert Adimekwe Ukachukwu Eze Emeka Ikejiaka Uzoma Onuebunwe Samuel Uju Charles Felix Obi Silas Oguzo Anyaocha Romanus Henry Ezike * Victor Ndonlokwem Romanus Echesirim Michael Akachukwu Joseph Ezeugwu Paulinus Eze
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33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45 46. 47. 48. 49. 50. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61.

Gloria Ogbu Martina Ogbu Peter Ani Philip Ugwu Sunday Okorie Martin Okonkwo Andrew John O. Titus Nnamani Stephen Ugwu Christian Ugwu Sabastine Ugwoke David Ezema Christopher Ukwueze Charles Omeje Martin Ugwu Chukwuma Ozoagu Bartholomew Onovo John Ani Alphonsus Chukwujioke George Ogbujiagba Andrew Okeke* Miss Ngozi Okeke* Kosarachi Okeke * Simon Anyadubaula Alfred Chianumba Nnamdi Okeke Louis Ikegbune Adolphus Nsoedo
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51. Stanley C. Aguagba

62. 63. 64. 65. 66. 67 68. 69. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83 84. 85. 86. 88. 89. 90.

Chinedu Aghaji Arinze Okonkwo Clement Onwurah Uchenna Ifejika Emmanuel Ezinne Mgbojikwe Samuel Innocent Okonkwo Cyprian Nwafor Innocent Ginika Sunday Chidebelu Nwankwo Nnaemeka Angus Nwakalor Chigbogu Modebelu Cyril Enweluani Uche Udeagbala Michael Kalu Joseph Kalu Stephen Chukwu James Chukwu Joseph Oturu Pius Oturu Christian Nwanchukwu Maduabuchi Steve Anthony Kalu Okon Oji. Nwaokorie Michael Ogbonna David
271

70. Onyeka Okoli

87. Stella Kalu

91. 92. 93. 95. 96. 97. 98. 99.

Emmanuel Nwoji Jonathan Ejiogu Anthony Maduako Okey Sunday Peter Nwokike Ogbonnaya Agwu Joseph Agwu Peter Okoro

94. Philip Maduabuchi

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,

272

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 8. 9. Chinedu Emeka Agabus *

MEMO.JCI/J/41/2009 - Farin Gada Community Development Association, Jos North 1. 2. 3. 4. 5. Jonathan Tere. Bulus Agom Samuel Yakubu Kwasu Zaruma Aaron Three (3) NYSC Members* MEMO. JCI/J/184/2009 Mrs. Caroline Okeke 1. 2. 3. Mr. Andrew Okeke * Mr. Kosarachi Okeke* Miss Ngozi Okeke*

273

MEMO. JCI/J/89/2009 Ngas Youth Movement (NYM) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Nde Bala Monuk Nde Gabriel Mbile Mr. Pangak Iliyas Mr Nengak Deshi Mr. Jirit Danbaba Mr. Fwengak Rotshak Mr. Rotshak P. Gana Amos Goyol * Mr. Jacob A. Goyol* Mr. Inuwa Goyol* Tokidda A. Goyol* Nenfort Danbaba* .

MEMO.JCI/J/193/ 2009- Mountain Of Fire And Miracles Ministries Middle Belt Region ,Jos , Plateau State. 1. 2. 3. Shola Olaseni Akindipe Agnloye Sunday Abiola Moshude Rabiu JCI/J/176/2009 Anaboze (Buji) Community

MEMO. 1. 2.

Resident In Jos and Bukuru Sani Tafinta Inusa Musa

MEMO.JCI/J/94/2009 - Barrister Kopduna Danbaba 1. Nenfort D. Danbaba*

274

MEMO. JCI/J/183/2009 The Tiv Community Of Plateau State. 1. 2. Mr. John Sanga 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 :

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 2. 3. 4. Mr. Benjamin Aboze Mr. Joel Aboze. Mr Ejiro Aboze Mr. Wilfred Udu:

MEMO. JCI/J/202/2009 - Yoruba Community Oyo State 1. 2. 3. 4. 5. 6. Mallam Shuarau Abdul Jabbar Alh Tajudeen Gbadamasi Abdul Fatai Gbadamasi Abdul Waheed Abdul Rahman Rilwan Abdul Fatai Abdul Aziz Raji

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7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.

Obe Adegbemiro Stephen Mr Mathew Ajani Evang Timothy Mr Dimeji Ojebisi Mr Yinka Ojebisi* Mr Samson Ajala Mr Noah O. Mr S.A. Dele Mr O. Alamis Madam Mariam Tella Emili Olaniyi Olu Olaniyi Noah Olaniyi*

Ekiti State 1. Bayo Alofe

Osun State 1. 2. 3. 4 5. 6. Dehinde Moris Alh Moshood Lawal Raji Tunde Oyedokun* Sunday Oyeniyi Tunde Usman Ibukun Akin* (Corper)

Ondo State 1 .George Akindapo

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Ogun State 1.Okusi Kwara State 1. 2. Mallam Surajudeen Mallam Kazeem

Kogi State 1. Pastor Peter Falade

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. 2. 3. Peter Ibrahim Arin* Adang Atsen Arin* Atsen Ayama Arin*

MEMO.JCI/J/95/2009 The National Association of Afizere Youth Movement (AYM) 1. 2. 3 4. 5. 6. 7 Ishaku Gimba* Samuel Arin Izang * Barrister Azi Musa* Ishaya Irmiya Ajik* Peter Ibrahim Arin* Adang Atsen Arin* Dennis Inyam*

MEMO.JCI/J/102/2009 ECWA Bishara No. 1 Adebayo Street, Jos. 1. Mr. N.T. Yusuf*

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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 1. 2. 3. 4. Mr. Amos Goyol* Tokida Amos Goyol* David Amos Goyol* 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. 2. 3. Mrs. Moyosola Kayode Akinyemi Mr. Emeka Ephraim Mrs Late Usikre & 2 Others

MEMO.JCI/J/146/2009 Evangelical Church of West Africa (ECWA) 1. 2. 3. 4. Elder N.T. Yusuf* Rev. Empraim Masok Mama Lami Izeh Mr. Monday Kure

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MEMO.JCI/J/26/2009 CAN Directorate of Research. 1. *Put the total number of persons who lost their lives at 129 did not give their names. but

MEMO. JCI/J/30/2009 Organisation of African Instituted Churches, Plateau State Chapter. 1. 2. 3. Aladura Michael Mrs. Abigail Olaniyi* Four (4) Children of Mrs Abigail Olaniyi*

MEMO. JCI/J/12/2009 Rev. E.I. Algbejo (Pastor of Bethel Raptist Church, Jos. 1. 2. Mr. Yinka Ojebisi* Mr. Demiji Ojebisi

MEMO. JCI/J/53/2009 Nassarawa Baptist Church, Jos (Gbenga Olaleye) 1. 2. Evangelist Timothy Adetona 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.

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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. 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.

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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:

MEMO. JCI/J/111/2009 Izang Ayama Arin 1. Izang Ayama Arin

MEMO.JCI/J/151/2009 Stefanos Foundation 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12 13. 14. Adam Eveh Binchan Fankur Friday Yakubu Sunday Haruna Christopher Dogo Seyi Odewumi. Michael Eze Tanimu Rivi Ajang Yakubu Peter Umaru Musa Bala Danladi Chozhi Andrew Bitrus Filibus John

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15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28.

Samuel Giwa Sunday Unah Arung Nyam Danjuma Yakubu Gideon Monday Shut Rwang (Silas Luka) Christopher Danjuma Sunday Usman Kwasio Zaroma Sani Femi John Akirele Caroline Okeke Nengak JIbo Atul Ajiki Philip Adankala

MEMO.JCI/J/133/2009 - Bache Development Association: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Samson James Samuel Giwa* Adamu Ive Ayuba Gado Friday Yakubu Danjuma Lassa Ibrahim Lassa Tanimu Rivi * David S. Tongwe Yakubu Audu Gara Adogi Steven Gado Mr. Daniel Chozhi
282

14. 15. 16 17 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34.

Musa James Sunday Anku* Filibus John* Mali Choyi Danjuma Pah Thomas Alebi Yusuf Musa Ariver Adamu Aba Ali Momoh Bala Ado Mandara Dogo Maichibi Danjuma Agwa Chohu Adamu Daniel Sunday Yakubu Inuwa Agaya Ado Demi Ngu Monday Goro Joshua Wamba Sunday Anku *

MEMO.JCI/J/28/2009 Mwaghavul Development Association Jos Branch. 1. 2. 3. 4. 5 Mr. Naanpan Gabriel Nungkyes Mr. Joshua Naanpan Mr. Pankyes I. Shalook Mr. Emmanuel Musa Mr. Augustine Artubur
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6. 7. 8. 9. 10.

Ephraim Kombun Usaini Manji Istifanus Joseph Mr. Maxwell Dabor Mr. Peter Benshak Mr. Mundi Josiah

MEMO.JCI/J/117/2009 Academic Staff Union of University of Jos, Jos Branch 1. 2. Pokyes Yakwal Mr. Mugu Yusuf

MEMO.JCI/J/134/2009 Church of Christian In Nigeria (COCIN) 1. 2. 3. 4. 5. 6. 7. Ekwu Danjuma Gabriel Antipas Ponsah Tongnen Oliver Davou Dung Sohbe Hosea Friday Lumi Mwoldom Dalong

MEMO.JCI/J/37/2009 Ngas Development Association Jos Branch. 1. 2. 3. 4. 5. 6. Nentawe Sindima Jatau Ali Mungak Deshi Yiljura Dagan David Joseph Gonsun Shemshak Gomer
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MEMO.JCI/J/93/2009 Church Of Christ In Nigeria (COCIN) (Chwel Nyap, Jos) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Dorcas Vou Choji Jinedu Kokong Ibrahim Izang Nyam M. Sha Damon Habila David Ariku Simon Kyanta Grace Dung Julius Dung Mark Dung Davou Joro Dauda Wayo limoro Christopher Thomas Kish Kish Dauda Habila Kurma Elisha Yohanna Yakubu Da Yohanna Yakubu Caleb Dung Jari Samson Magaji Christopher Yasha Musa Bala * Gideon Monday Oladipo Kangyang Tengwong Mr. Henry Agom Mr Joseph Jatau
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27.

Mr Paul Sani

MEMO.JCI/J/95/2009 The National Association Of Afizere Youth Movement 1. 2. 3. 4. Itse Atu Izang Ayamma* Igyem Makeri Atsi Adang Nyam

MEMO. JCI/J/89/2009 Ngas Youth Movement (NYM) 1. 2. 3. 4. 5. 6. 7. 8. 9. Mr. Nunggak D. Felix Mr. Yiljura P. Gokwat Mr. Semshak Gomer Mr. Hosea T. Dangana Nentawe Sindima Barthelomew Marvel Mr. Jatau Ali Olayinka Sabastine Sabairu

MEMO. JCI/J/176/2009 Anaboze (Buji) Community Resident In Jos And Bukuru 1. 2. 3. 4. 5. 6. Yakubu Audu* Sam Audu Gabriel Audu Joseph Jenadu Italiya Maitala Amos Auta
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7. 8. 9. 10. 11.

Bitrus Sankira Simon Nadawo Dani Nadawo Hashimu Lanba Joshua Ujande

MEMO.JCI/J/183/2009 The Tiv Community Of Plateau State. 1. 2. Mr. Achohol Lazarus Mr. Ihyulen Indyar*

MEMO.JCI/J/79/2009 Haske Women Association Rusau Village Jos North. 1. 2. 3. Amana Musa Michael Sunday 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. 2. 3. Lubem Ruben Adi : Bunde Lorhemba: Isaac Ayila:

287

MEMO.JCI/J/137/2009 P.D.P. Elders Northern Zone Forum, Plateau State 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Samson James* Samuel Giwa* Adamu Ive* Ayuba Gado* Friday Yakubu* Danjuma Lassa* Ibrahim Lassa* Tanimu Rivi* David S. Rongwe* Yakubu Audu* Denkwe Gado* Mrs. Izah* Ige Tegwi* Bulus Ali* Gara Adogi* Steven Gado* Danladi Chozhi* Musa James* Sunday Anku* Filibus John * Mali Choyi* Mrs. Sala Ive* Joseph Tari* Diba Kpasha* Danjuma Pah* Isiaku Ransa* Thomas Alebi* Yusufu Musa* Ariver Adamu* Aba Ali* Momoh Baba* Ado Mandara* Dogo Maichi* Danjuma Agwa* Chohu Adamu* Daniel Sunday* Yakubu Inuwa* Agaya Ado*

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39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58.

Demi Ngu* Kureh Duzongo* Danladi Yakubu Juwa* Monday Goro* Joshua Wanba* Sunday Anku* Mr. Henry Agom* Mr. Joseph Jatau* Mr. Paul Sani* Amana Musa* Mr. Michael Sunday* Ayeba* Itse Atu* Sunday Anku* Musa James* Mr. Sunday * Ayuba Daniel* Samuel Giwa* Mr. Nuhu* Mr. Aba *

MEMO.JCI/J/68/2009 Irigwe Community Domiciled In Jos North LGA. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Samson James* Samuel Giwa* Adamu Ive* Ayuba Gado* Friday Yakubu* Danjuma Lassa* Ibrahim Lassa* Tanimu Rivi* David S. Tongwe* Yakubu Audu* Bulus Ali* Gara Adogi* Steven Gado* Rev. Danladi Chozhi* Musa James* Sunday Anku* Filibus John * Mali Choyi* Joseph Tari*
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20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37..

Danjuma Pah* Isiaku Ransa* Thomas Alebi* Yusufu Musa* Ariver Adamu* Aba Ali* Momoh Baba* Ado Mandara* Dogo Maichibi* Danjuma Agwa* Chohu Adamu* Daniel Sunday* Yakubu Inuwa* Agaya Ado* Demi Ngu.* Monday Goro* Joshua Wamba* Sunday Anku *

MEMO.JCI/J/130/2009 Evangelical Church of West Africa (Nassarawa Local Church Council), Jos District. 1. 2. 3. 4. 5 6 Sunday Anku* Musa James* Sunday* Samuel Giwa* Mr. Nuhu* Ayuba Daniel*

MEMO.JCI/J/95/2009 The National Association of Afizere Youth Movement (AYM) 1. 2. 3. 4. 5. Musa Azi Itse Adang Nyam, Adamu Zela Baba Tela Isha Hon. Adar Roseline Baraje (Mrs)

290

MEMO. JCI/J/146/2009 Evangelical Church of West Africa (ECWA) 1. 2. 3. 4 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21 22. 23. 24. 25. 25. Samuel Nyako Three members Philip Adankala Simon Danbako Sunday Anku* Samson Sunday* Musa James* Agwom Sani David Joshua Wilson Danjuma Luka Gyang Dachollom Gyang Gyang Hwere Eld. Danladi Gona Chozhi* Eld Tanimel I. Rivi Eld. Bulus M. Innah David S. Gongwe Danjuma Yakubu* Babaa Amala Ibeh John Danjuma Audu* Stephen Gado* Amaja Adogi Gara Adogi* Tina Richard Richard Chohu
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26. 27. 28. 29.

Monday Richard Mali Choyi* Mrs. Marry Rangu Baba Mai-agula Adogi Gara Organisation of African Institute

MEMO.JCI/J/30/2009 1. 2. 3. 4.

Churches, Plateau State Chapter. Mrs. Gbenga Akingbesote Ayo Adebisi Evang. Akinbami Mrs. Odewumis Children

MEMO.JCI/J/71/2009 The Anaboze (Buji) Development Association, Nassarawa Gwom, Jos. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Yakubu Audu* Sam Audu* Gabriel Audu Joseph Jenadu Amos Auta Bitrus Sankira Simon Nadawo Dani Nadawo Hashimu Lanba Joshua Ujande The above represents the lists of persons given as persons injured during the Unrest as presented by each individual

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memorandum. The Commission found that several memoranda repeated names already given in other memoranda. 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. 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 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 injuries. The memoranda wherein such claims Those

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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 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. 2. 3. 4. Mr. Yohanna Aika Mrs. Nanle Auta Ayo Nka Bulus Monday = Seven (7)

Total number of persons missing

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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. 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 Commissions 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

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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 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.

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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

Commission also had the added benefit of the visit to the locus-inquo 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.

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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 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.
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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. 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

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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. Commission recommends: 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.
i.

The

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.
ii.

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

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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 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

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for miscreants within the communities. recommends:

The Commission

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 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 Universitys 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 Universitys 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 epicentres 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

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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 Universitys

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: 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 enforcement of regulations response outfits and

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.

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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

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
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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 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. representation 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. and This lopsidedness leads to uneven disenfranchisement. The Commission

The creation of the Jos North Local Government Area had been

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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

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

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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: 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.

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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.

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
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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 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

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all ethnic groupings in appointments, nominations, promotions. The Commission found that a common feature belying the illfeeling 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 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

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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 State level. Therefore, pending the Constitutional resolution of this issue and the enactment of an Indigenes Charter or Citizens 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 Citizens 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

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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 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 footsoldiers 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
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development of Churches residential areas.

and Mosques

within

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 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 interreligious 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 interreligious ties. Whilst there is a need for them to be strengthened
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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

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
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mayhem on innocent citizens. The Commission recommends: 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 Jamaatu Nasril Islam notifying the Commission of its boycott.

8.1

The Jamaatu 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 Commissions 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 Nations past experience in intercommunal 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 AlQaeda. 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

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that religion was only being used to achieve selfish and narrow 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 Commissions 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

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building of a virile Nation, is to foster mutual respect, mutual love 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 Dariyes contribution was on continuity in governance. He believes that if some of the sociopolitical 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 strengthened to discharge its responsibility effectively. be

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. 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.

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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. xx) That Government should re-open the Plateau State University as it was also a major source of raising tension. That development of Government should be widespread and not selective.
xxi) 324

infrastructures

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 hosts 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

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

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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 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.

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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. 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.
iv)

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

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

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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 8 th 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. 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 The Report thereby concludes with this

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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 Jamaatu 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 Jamaatu 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. courage. Commission We admire and salute your

We also thank the lively audience that came to the and spent time listening to almost all the

Commissions 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.Gurumnaan 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 Commissions 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 Goar, 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 Commissions Technician, Mr. Fabian Fottiem, who ensured that all the Commissions electrical appliances were in good working condition at all times. He was also always on standby to put the Commissions generator on and ensure that the Commissions 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, Mallam Wetka Commission. The Commissions 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 Mr. Austin Usman,

and Mr. Alex Adi who served as drivers to the

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 Commissions 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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