24 March 2009

The committee set up by the House of Representatives to investigate last November's Jos crisis submitted its 21-page report to the House last Thursday. The crisis of November 28 and 29, 2008 was a fallout of a contentious local government election in Jos North Local Government Area.

Hundreds were killed in the fracas, while thousands were displaced. In the course of its investigation, the nine-member committee of the House held public hearings in Jos and received testimonies from the public and state organs. Below are excerpts of the report, comprising the findings and recommendations of the committee.

Immediate causes of the crisis:The inter-communal crisis of 28 and 29 of November, 2008 was absolutely avoidable and the immediate cause of the crisis is attributable to the role of the Plateau State Government and the attitude of the Political Parties during the Primaries and during the campaigns. The Committee also noted the role of religious leaders and Plateau State Independent Electoral Commission (PLASIEC) as factors immediately responsible for the Mayhem.

a. Role of Plateau State PDP: One of the immediate causes of the Jos North Local Government Election crisis could be attributed to alleged attempt by the ruling Party in the State to manipulate the results of the Chairmanship election to its advantage. This could be adduced from the activities of the Party. During the State primaries, the ruling Party and the State Government imposed Timothy Buba as candidate for Chairmanship position despite the allegation that he is from Jos South Local Government Area. This caused disagreement over the choice of the Party's flag bearer in Jos North as Danladi Pasali's camp vehemently accused the Party hierarchy and the Government of the State for the imposition of Timothy Buba and threatened a legal action as well as voting en masse against the party at the polls. This initial reaction was said to have been promptly reported to the State

Governor on 2nd January, 2008 through intelligence report by the State Security Service.

Closely related to the above disagreement and intra-party squabbles, was the disquiet over the choice of PDP Chairmanship running mate in Jos North Local Government Area. The Muslim PDP members expressed disaffection over plans to nominate one Isha, a Christian as running mate to Timothy Buba, another Christian for the PDP ticket. They threatened to leave the Party for the opposition in the event of the Party actualising the plans. The failure of the PDP to positively respond to these intra party protests laid the foundation for the resultant crisis. Consequently, an intelligence Report was said to have been sent to the Governor on 5 February, 2008 specifically advising the Governor that:

"In view of the foregoing, it is envisaged that should the PDP insist on fielding Christians as Chairmanship and Vice Chairmanship Candidates in the LGA, the Voting Pattern would assume an ethno-religious dimension with high potentials for attendant communal violence during and after the election ...."

It is obvious that if this early warning was heeded, it would have averted the crisis considering the ethno-religious sentiments peculiar to Jos North Local Government Area over the years. PDP's decision to field a Berom flag bearer and a Vice from Anaguta both of whom are Christians in Jos North Local Government Area had introduced an ethno-religious dimension to the political atmosphere in the Local Government Area. There was also resentment expressed by the Afizere over alleged marginalisation in considering their people for the Chairmanship and vice Chairmanship positions in spite of being the largest indigenous ethnic group in Jos North LGA. Following these threats the State Security Service provided to the State Governor the understated reports:

(i) A report dated 22nd October, 2008 on "THREAT ANALYSIS FOR THE MONTH OF NOVEMBER, 2008 - PLATEAU STATE"

(ii) A Report dated 16th November, 2008 on the "SECURITY APPRAISAL OF THE FORTHCOMING LOCAL GOVERNMENT ELECTION."

(iii) A report dated 19th November, 2008 stating the "SECURITY IMPLICATIONS OF ANNOUNCING THE RESULTS OF THE ELECTION ON A FRIDAY."

Failure of the State Government to heed these intelligence reports, indeed, in the opinion of the Committee, is one of the major causes of the crises of 28 and 29 November, 2008.

b. Role of Religious and Community Leaders: There was high unease in Jos North LGA due to security threats emanating from the resolve by the Hausa/Fulani Muslim Community to seize political leadership, amidst stiff opposition from the indigenous tribes. Members of the Hausa/Fulani community were being sensitised in Mosques to vote for the Muslim ANPP Chairmanship Candidate and threatened to vigorously resist any attempt of manipulation by the ruling party in the state. These preaching by the Muslims were all communicated to the Governor by the State Security Service vide:

(i) A Report dated 8th November, 2008 titled "JOS NORTH LGA MUSLIMS URGED TO RESIST MARGINALISATION" and

(ii) A report of 18th November, 2008 titled "INCITING SERMON OF IDRIS MAILICHAFI ON ELECTIONS THREATENS PEACE AND RELIGIOUS HARMONY IN THE STATE"

(iii) The Report of 25th November, 2008 before the election date titled "COUNCIL OF ULAMAS MET WITH MUSLIM YOUTHS IN JOS NORTH LGA AHEAD OF LGA ELECTION"

From available records, the State Security Service also made available several reports on all suspected political thugs and flash-points before the election date to the Commissioner of Police, Plateau State Command, for necessary action. In this regard meetings of stakeholders were summoned by both the State Governor and the Commissioner of Police in which discussions centered on peaceful elections in the State.

c. Role of Opposing Political Parties: The Committee noted several references to the alleged campaign styles of the ANPP which encourage violence and subsequently the attack on the campaign office of the PDP on Yan-Gado, Bauchi Road-suspected to be by persons loyal to ANPP on 17th November, 2008 few minutes after a Federal Legislator representing the constituency departed the ANPP office in the area as part of his inspection tour on constituency projects. This violent campaign style of the ANPP was manifested during the electioneering campaign tour of Jos by General Muhammdu Buhari, the Party's Presidential candidate in which the ANPP Youths menacingly brandished cutlasses sending signals intent on violence.

The AC's actions too, call for concern especially considering the report by the State Security Service on 26th November, 2008, of specific plans by some thugs to mobilise youths to foment crisis in the event that the election did not favour the AC Party.

d. Role of PLASIEC: The crisis which took an ethno-religious dimension was primarily ignited by palpable apprehension by some ANPP Youths/Supporters in Jos North LGA that the PDP, in concert with the State Independent Electoral Commission (SIEC) was on the verge of manipulating the results of the chairmanship election for the Local Government in its favour. The crisis emanated from Kabong collation centre when ANPP realised that its lead over PDP had narrowed down with only few remaining wards yet to be collated. Allegations of attempts by PLASIEC returning officer to fraudulently change the Councillorship election result for Tudun Wada ward, believed to have been won by Action Congress (AC), in favour of the PDP further confirmed the fears of the opposing Parties. This action by the returning officer angered the AC and ANPP Youths resulting in restiveness.

The initial screening out of about 31 opposition candidates including those of the ANPP by the State Independent Electoral Commission.

The sudden change of the collation center from the traditional Jos North Local Government Council headquarters (with predominantly Hausa/Fulani Muslim population), to Kabong, a village in the hinterlands (with predominantly indigene Christian population) by PLASIEC incensed the opposition parties and made them suspicious of the PDP motives in the elections.

Also the failure of PLASIEC to display the voters register at least two weeks before the elections as required by the electoral guidelines removed all traces of transparency from the intentions of the commission. This prepared a fertile ground which was readily exploited by the ANPP and their religious sympathisers to cause the crisis during the collation of the Jos North elections results.

EFFECTS OF THE CRISIS:

Over the years, the crises that have befallen Plateau State have come at great costs. More than 2,000 lives have been lost to the mayhems, among them innocent and probably harmless bread winners of families, thereby rendering hundreds of families and, by extension, thousands of people hopeless and destitute. Over these years too, property and businesses worth billions of naira have been wasted through the activities of heartless arsonists. These crises have paid neither the indigene nor the non indigene; both the state and the citizens have all been losers in these circumstances. The citizenry have been drastically affected in the following ways:

a. Destruction of lives and Property:

The Committee could not ascertain the claiming of actual number of lives lost during the crisis due to the conflicting reports of stakeholders on the matter and considering that the dead had already been buried.

However, while the Police put the figure of the dead at approximately 200, the Department of State Security mentioned 634 bodies based on claims by the JNI, JUTH records, and the State Search and Rescue team.

The Defence Intelligence Agency (DIA) on the other hand put the figure of the dead at about 440. Hundreds of people were also hospitalised as a result of the crisis while between 8,000 and 10,000 people were internally displaced. According to the reports by the Department of State Service (DSS), 14 schools/educational institutions were destroyed in addition over 600 cars, 27 fire trucks and 50 petrol tankers were burnt, while over 800 residential houses, 200 lockup shops scattered around the town and 5 markets were destroyed.

b. Socio-cultural effects:

The crisis has no doubt led to mutual mistrust among community members and neighbours. The use of underage children in the perpetration of violence in crisis situations unquestionably traumatises them and engenders in them the spirit of violence and disregard for lives and property. Considering that tomorrow belongs to the children of today, this attitude is a great disservice to the future of the nation.

c. Security Challenges:

The Jos crisis has exposed the apparent deficiencies of our security agencies both in terms of routine alertness, equipment and deployment in cases of emergency.

Not only was the initial deployment of security agencies grossly inadequate, the speed of deployment in the face of crisis was rather sluggish. This has been partly blamed on the hierarchy and delays in notification on the part of the State Government. Furthermore rampant allegations of the use of uniforms of security agencies by persons believed to be mercenaries has created mistrust in the minds of the public.

The violent campaign style of the ANPP was manifested during the electioneering campaign tour of Jos North by General Muhammadu Buhari, the Party's Presidential candidate, during which the ANPP youths menacingly brandished cutlasses thereby sending signals of violence.

The Federal Government should enforce the laws prohibiting the use of uniforms of the Armed Forces and other security agencies and such materials that bear the semblance of such uniforms by unauthoriSed persons.

RECOMMENDATIONS

1. The word "indigeneous" as used in section 25 (1) is for purposes of tracing citizenship by birth. Once a person is confirmed as a citizen, the fundamental human rights as contained in chapter 4 of the Constitution are applicable to him. Specifically, section 41 (right to freedom of movement) gives the right to every citizen to move freely throughout Nigeria and reside in any part thereof.

Section 42(1) on the other hand, forbids discrimination against any citizen on grounds of belonging to a particular community, ethnic group, place of origin sex, religion or political opinion while Section 43 grants all citizens the right to acquire and own immovable property anywhere in Nigeria.

The Committee therefore recommends that any denial of these rights to those referred to as non indigenes of Jos North is unconstitutional and should be discontinued.

2. On the issue of indigeneship, the Committee is of the opinion that deriving from Section 25(1)(a),(b), and (c), a citizen of Nigeria who by residence in any part of Nigeria under the circumstances described in Section 25(1)(a),(b), and (c) ought to qualify as an indigene of such a community.

It is recommended therefore that if the said provisions of Section 25(1) (a),(b), and (c) do not appear to be explicit enough, the National Assembly should take appropriate legislative action. Furthermore, affected persons may resort to the judiciary for appropriate interpretation and remedy.

3. That Independent Chiefdoms be created for each of the following ethnic nationalities. The Afizere, the Anaguta, the Hausa/Fulani and the Berom in order to foster their cultural identity. In this regard the chieftaincy policy approved by the Dariye administration should be implemented.

4. The Federal, State and Local Governments should as a matter of priority mount a public enlightenment campaign aimed at eliminating ethnic prejudices and promoting knowledge on the rights, privileges and responsibilities that go with citizenship.

5. The Plateau State Government should ensure compliance with the provisions of Section 208 (4) of the constitution of the Federal Republic of Nigeria 1999 which states that "in exercising his powers under this section, the Governor shall have regards to the diversity of the people within the State and the need to promote National unity" by ensuring equitable distribution of social amenities to all segments of the society in the State.

6. To avoid the re-occurrence of incidents such as the Jos North crisis, State Governments should treat all security Reports with the utmost urgency and seriousness they deserve. The Committee notes that in the case of Jos, copious Security Reports detailing potential crisis points were submitted to the State Governor, but it does not appear that these reports were acted upon timeously and decisively.

7. The magnitude of damage during the crisis should be thoroughly investigated and affected persons should be adequately compensated.

8. All persons found liable in the arsons and wanton destruction of lives and properties in the Jos mayhem should be made to face the full wrath of the Law.

Signed: 1. Hon. (Arc) Isah Idris Umaru - Chairman, 2. Hon. Abdul Ningi -member, 3. Hon. Chille W. Igbawua -member, 4. Hon. Johnson Abolagba -member, 5. Hon. Adefolabi Adeola Morufdeen -member, 6. Hon. Abdullahi Garba Bagudu, member, 7. Hon. Darlington Okereke -member, 8. Hon. Sani Saleh Minjibir -member, 9. Mr. Ezennia Nwanekezie -Secretary.