Thursday 14 November 2013

Window of successes at Ombatse panel

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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