A
ray of light began to beam on Nasarawa State, six months after the May 7 murder
of security operatives at Alakyo, a small village barely at the outskirt of
Lafia. What was widely thought to be impossibility, became obviously
achievable: one after another, persons of Eggon origin, who initially bolted
out of the public hearing being conducted in facts finding, turned 360 degrees
to return to the courtroom to participate in the proceedings of the judicial
panel set up to investigate the killing. All
Eggon persons, represented by their counsels, had on July 31, barely a week
after the facts finding process commenced, rose in agitation for justice in
favour of their clients, against alleged injustice to their case. The Eggon counsels withdrew their participation in the
proceedings, alleging that the commission suddenly changed the goal post in the
middle of the game to serve vested interests against their clients.
Nine counsels who were accompanied
by Barrister Zachary Alumaga, Legal Adviser of Ombatse, the Eggon group accused
of the killing of the about 74 security operatives, alleged that the Retired
Justice Joseph Fola Gbadeyan-led judicial commission of inquiry deployed
various tactics to shut out their clients from being heard. They named alleged
refusal by the commission to allow counsels of Eggon interests to cross examine
witnesses who had been appearing to make submissions even when issues raised
have some connections or semblance or affected the interest of their clients.
Barrister Aliyu Anzewu read their
grounds of withdrawal for and on behalf of the rest.
They alleged that the commission
deployed a selective approach in determining which counsels cross examined
certain witnesses, citing six instances where the withdrawing counsels sought
to cross examine other parties at the commission, but were disallowed from
doing so, using new rules set up in the middle of the proceedings at against
earlier rules read out to counsels when the commission commenced public hearing
on July 18.
This is just as the most senior
lawyer there, Chief Ayas said justice does not reside in the commission,
quoting a popular judgment that says “public justice must be rooted in
confidence, and confidence is destroyed when right mined people go away thinking
that the judge is biased.”
But the commission overruled their
withdrawal and declared their action as “contemptuous”, explaining that “they
did not follow due process.” All Eggon cases at the commission were heard in
their absence.
No fewer than 22 memos and submissions
from various groups and communities were filed there after the commission was
inaugurated on June 26. Each memo is seeking justice against murders,
destruction of property worth billions of Naira, and security of lives and
property in the state.
The commission chairman, Gbadeyan, a
former Kwara State Chief Judge (CJ), had announced that “truth must be told
truthfully”, as he assured the panel will be fair to all parties in order to
bring relief to a state in clutches of suspicious co-existence, leading to the
May 7 Alakyo incident.
The panel has long completed hearing
in the submissions made, and has since summoned and listened to various persons
including traditional rulers and political leaders.
The Eggon paramount ruler, the Aren
Eggon, Dr. Bala Angbazo made himself available for cross examinations, as
several other first class traditional rulers. All of them have made submissions
that encourage peace among Nasarawa people – in support of the commission.
Governor Umaru Tanko Al-Makura,
Senator Solomon Ewuga (APC, Nasarawa-North) and Rep Joseph Haruna Kigbu (APC,
Lafia/Obi Federal Constituency); all appeared and made submissions that
encourage peace. They have all condemned the widespread crises in the state,
leading to the Alakyo incident. They have also pledged to support the facts
finding mission of the commission.
Two
months after the Alakyo incident, Al-Makura set up the commission after
political stakeholders and paramount rulers as well as religious leaders met at
separate occasions to recommend for the investigation into the killing of
officers and men of the police and State Security Service (SSS), as well as
other related happenings in the state.
The
governor lamented that the widespread crises that hit the state, and preceded
the Alakyo killing, saying the troubles set off a drawback on socio-economic
activities, just as it portrayed his state in bad light.
“As
a responsible administration, we cannot fold our arms and watch our
well-earned, God-given State degenerate into one of anarchy. Indeed, violence
is not in our culture,” Al-Makura had said.
Six
months on, the commission is proving the point, raising good confidence in the
proceeding. Barrister Allumaga, the Ombatse legal adviser, attested to this
when he was summoned to appear for cross-examination. He said the group welcomed the setting up of the commission
but insisted that the Gbadeyan-led panel must do a good job for them to get
public confidence.
“We in Ombatse, even though we had
our initial apprehension, we are grateful to God for directing the governor to
set up this commission of inquiry, with fate that if, perhaps the two previous
commission of inquiries set up with respect to crises, have not yielded to
finding a solution to the aspirations of the Ombatse group, we have faith that
this commission will do a good job,” Allumaga had said. He denied Ombatse
killed the security operatives as widely alleged.
Even Baba Alakyo, the chief priest of
Ombatse was billed to appear, in what earned the commission wide spread
accolade for achieving what many thought would not be achieved.
The panel announced after they
cross-examined Governor Al-Makura, that Baba Alakyo will be appearing on the
terms spelt out by Eggon elders and the paramount ruler. He said the Eggon
leaders brokered a successful deal after a wide consulting.
He said the leaders impressed on
Baba Alakyo to appear, and state his own side of the story over the killings.
Gbadeyan appealed to the governor to
consider providing adequate security during the session for Baba Alakyo’s
testimony.
However, the old man shunned the
panel sitting scheduled twice for his appearance, compelling the commission to
foreclose his appearance.
Some lawyers representing various
community interests at the panel sought the commission to use other means to
bring the witness to Lafia, but the commission chairman insisted they had
entered into an agreement with leaders of Eggon, the ethnic group of Ombatse for
him to appear on his own.
The commission, last Monday, winded
up a four-month old public sitting after taking written addresses from counsels
who represented various interests there.
The commenced a two-week working
recess for panel members to study the 22 memos and testimonies from 89
witnesses who appeared in evidence, and to bring forward, drafts to build up a
report to the government by middle of December.
Justice Gbadeyan, in a speech to
wind up the public sitting after counsels adopted written addresses presented
at Chief Magistrate Court II, venue of the public sitting, said that the outing
was impressive because of the cooperation they enjoyed from members of the Bar
in Nasarawa State, the media security agencies and the state government, as
well as paramount rulers who honoured the proceedings with their appearance.
Justice Gbadeyan said the commission
will carefully study all memoranda, evaluate only the admissible evidence
adduced, in addition to all the exhibits tendered and admitted, with a view to
coming up with proven findings of facts before arriving at appropriate
recommendations.
“Such relevant recommendations, it
is hoped, will accord with the demands of justice and at the same time help to
enhance peaceful and harmonious co-existence amongst the over 30 diverse
predominantly agrarian ethnic groups in Nasarawa State,” he said.
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