1994 JOS CRISIS JUDICIAL INVESTIGATIVE PANEL REPORT PART TWO sign now

WHITE PAPER ON THE REPORT OF THE COMMISSION OF INQUIRY INTO THE RIOTS OF 12TH APRIL, 1994 IN JOS METROPOLIS
SEPTEMBER, 2004 - PART TWO (2)

See Exh. 23 page 4.

(h) Historically, when the first Hausa came to Plateau they first met and settle with the Anaguta people in Jos, they lived peacefully with the Anaguta and respected their culture and norms. They also acknowledged the authority and land ownership of the Anaguta people. They recognised the chieftaincy institution of the Anaguta people, hence they paid their taxes promptly to the chiefs. The development of Jos township, no doubt, is attributed to the Hausa. It was in recognition of the Hausa dynamism in trading and community building efforts that the Anaguta chiefs decided to make some of them leaders of the Hausa community, for example Ali Kazaure.
See Exh. 23 page 2.
(i) The Jarawa area comprises of Jos townships and environs (Tudun-Wada, Kabong, Dong, Kwo, along Zaria Road, etc), and the part merged from Bauchi State plus other areas still falling under Bauchi as at now. The Jarawa pople share boundaries with the Berom at Bukuru stream (Ngell bridge), and Gero village settlement; with the Miango at Kaffin Dauke and Mai Farin Mato; with the Rukuba at Dutsen Kura, and with the Bujis at a little mount by Mister Ali village. Here too, we wish to state that there are elders from Jarawa, Miango, and Hausa settlers in Jos who could testify to this. The map at the end of the book mentioned above clearly shows the area owned and occupied by the Jarawa which securely includes Jos township, Naraguta is only a village in Jarawa land as shown by this map. Also, from the same book at page 63, paragraph 5, Ames mentioned, and we quote, A section of fobur emirates who founded Jos preceded the Western Plateau escarpment... a small hill village called Gwash occupied the present location of Jos. Hausa traders who arrived supposedly mispronounced Gwash for Jos, and the name struck.
See Exh. 23c page 3.
(j) An octogenarian Alhaji of Hausa origin said in Hausa: A wannan zamani babu jamaa da yawa, saboda haka ana neman mutane don a kafa garin (Jos). At that time, there were not many people, therefore, people were being sought to establish the town (Jos). (See Exh. 29, paragraph 4). He explained further that his father came from Kano. He added that he did not know the meaning of Gwash (Jos) but that was the name Jasawa gave it. The Hausaman disclosed to this Commission that Sarkin Berom, Mallam Rwang Pam, who ruled Jos from 1947-1969, and Gbong Gwom Jos, Dr. Fom Bot, who is the incumbent ruler, were both Berom by tribe. But they still claim they founded Jos because they have had thirteen (13) rulers of Jos from among them. See Exh. 4.

3.1.3 We observe that the contents of Exhibits 23c, page 3, 23m page 2,23p page 4, and 23p page 6, appear to lend support to the historical fact that Jos cannot be said to be an original place of Hausa people. The Commission has considered the argument about who in Jos an indigene or a non-indigene a settler or a non-settler. The argument is not one of mere verbal dispute, sometimes it degenerates into struggle. The distinction between an indigene and a settler is not a mere matter of sentiment, it is a fundamental issue.
Government View
Government notes.

3.1.4 We have set out above the ground for the claim by respective parties. We have done so to enable any other to appreciate or understand, as we do, the basis for the claims and counter-claims. The idea observed this Commission is that an indigene of Jos is one whose ancestors were natives of Jos, beyond living memory. This does not include any person who may not remember from were his father or grandfather left his native home for Jos as a fixed home, domiciled there as of choice for life, or is ignorant about from where his family moved to Jos permanently in quest of better living or in the process of his business. But to a Citizen of Jos may be ascribed the status of an inhabitant of Jos who is entitled to qualified enjoyment of rights, enjoyed by an indigene of Jos. In the light of the above consideration or careful thought, we concede to the claim of the Berom, Anaguta, and Afizere tribes, and to declare that they are the 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.
Government View
Government accepts and stresses that there can be no better way of proving claims than the one embarked upon by the Commission.

3.2.0 The Jasawa Development Association
3.2.1 It appeared to us from evidence received that for many years, Jos had been and is subject to pressures and forces of ethnicity which work against its development, governability and stability. A problem of policing Jos metropolis may be attributed to the rise of Jasawa Development Association, which seems to attract recognisance by force, harassment and intimidation, a conduct which has logically eroded the legitimacy of its operation, thereby creating problems of policing. Hear what witnesses say:

3.2.2 Berom Elders Council (BEC) told the Commission that about 1991, Federal Government created two Federal Constituencies in Jos Local Government Area. Jos metropolis, which is predominantly inhabited by settlers, was carved out as one constituency, while the rest of the Local Government was left as the other constituency. Because the traditional seat of our people is in the metropolis, this action purportedly alienated our traditional ruler from the majority of his people. Since then, we have continued to have provocative utterances from the Hausa-Fulani settlers to the effect that the Gbong Gwom should leave to Barakin-Ladi and vacate Jos for them. BEC produced reported statement, credited to Alhaji Saleh Hassan, in which he urged Jasawa Youths Association to endeavour to recover the Jos traditional rulership, which dramatically slipped off the hands of their people in 1945. This is because the traditional title of Jos belongs to the Hausa and not other tribe. See Exh. 5.

3.2.3 Berom Educational and Cultural Organisation (BECO) stated that the Hausa-Fulani settlers grouped in an association called Jasawa an adulterated Hausa synonym for the Hausa-Fulani settlers in Jos, way back in 1987, pioneered by Saleh Hassan, urged the community in Jos to take over the rulership of Jos. Since their public pronouncement, and their activities have not only been provocative, inciting and a threat to peaceful co-existence, but have now imported the whirlwind culture of violence, which led to, the destructive riots of April 12th, 1994, they should be proscribed.

3.2.4 Jos North indigenes said, ...in contrast with our earlier protestations which were entirely peaceful and devoid of any lawless acts, the incidence of April 12th brought to the fore the true nature of the leadership of the Jasawa who took to the streets demanding that Mato must be reinstated.... The activities of the Jasawa and their patrons, as well as the riot of April 12th, which were clearly planned by them, suggest that it is unwise to allow them remain as a registered association. The rights and freedom of association must not be used by any section to deny other sections the requisite peace which is essential in fostering unity and development.

3.2.5 Plateau State Youth Council in their evidence accused Jasawa of playing clandestine role in the riot of April 12th, 1994.

3.2.6 Du Elders Council stated before the Commission that, although the riot took place on April 12th, 1994, it was merely a product of accumulated tension, which had been mounting sequel to an attempt by a group of Hausa-Fulani settlers in Jos to exercise dominion over the indigenous tribes in Jos. This dates back to 1987 when one Alhaji Saleh Hassan, the pioneer and founder of a group tagged Jasawa Youth Association, told Hausa settlers in Jos to wrest the rulership and ownership of Jos from the indigenous tribes in Jos, that Alhaji Saleh Hassan at the launching of Jasawa Youth Association Development Fund in 1987, told the Youth that the Jos rulership belonged to the Hausa and not any other tribe. They stated that the Commission that Alhaji Saleh Hassans statement was an incitement which generated tension and created unnecessary sentiment in the minds of the Hausa settlers, thus a seed of discord was sown.

3.2.7 In his evidence, Ezekiel Choji said that Jasawa, the militant wing of the Haus-Fulani settler stock, organised and directed Almajirai and hooligans who went to town on a violent demonstration on Tuesday, 12th April, 1994, chanting Islamic war song, emptying garbages on the street, harassing pedestrians and motorists, destroying everything found on their way, burning tyres on the tarred road.

3.2.8 Mr. G. G. Bot said ...it is of great interest to observe argument among non-traditional owners of Jos as regards claim of ownership. These challenges are believed to have been caused by those who do not wish Jos well by inciting trouble i.e the Hausa-Fulani slave settlers, the so-called Jasawa.

3.2.9 In the course of his evidence, one Joseph Azi Nyako stressed thus, specifically, I am referring to the activities of the group which operates under the dubious umbrella of Jasawa. He added, it was common knowledge that the Jasawa contemplated a violent demonstration following the peaceful protest by the host communities. The hoodlums had a field day harassing motorists, littering streets with garbage and causing breach of the peace.

3.2.10 The four Districts Action Committee described the composition of Jasawa Association as questionable because it belongs to only the Hausa settlers. They said it was led by Alhaji Saleh Hassan to foment trouble in Jos and to recover the Jos rulership.
Government View
Government notes.

3.2.11 A prominent witness, Alhaji Saleh Hassan, the said founder of Jasawa, stated before the Commission that Government should not take the silence of the Jos Hausaman for cowardice and for granted. Man to man, the Jos Hausaman is equal to all eventualities, and can also be ready to take his pound of flesh, if government does not act to safeguard the Jos Hausamans aspirations. Nobody needs to tell one that one should rise up to ones responsibility. All Jos Hausamen should now take it as a responsibility to see that Aminu Mato occupies the seat of the Jos North Local Government Care-taker Committee Chairman. It is their right, their birthright... the panel and the Government should beware of the fact that people are now quite alert, so that the happenings of Zangon Kataf should not be repeated. People are now cleverer by half, having learn their lessons through Tafawa Balewa and Zango Kataf.
3.2.12 We chose to highlight evidence concerning Jasawa Development Association, not out of any reason but that abundant incriminating evidence was adduced against the Association. We have in mind a Nigerian saying that: When a child cries and points to a direction where nothing is visible to explain the purpose for the tears, the cry should not be totally ignored or swept under the carpet. The voice of lhaji Saleh Hassan is not a voice of reason, it may not be a voice of war, but it is not for peace and tranquility.

3.2.13 As an explanatory note, this Commission observed that membership of Jasawa Development Association is for Hausa/Fulani (Hausa, Fulani, Nupe, Kanuri and their likes) as per Section 5(1) of the Associations constitution. See Exh. 8 page 2.

3.3.0 Police
3.3.1 Plateau State Police Command submitted a memorandum, and they appeared before the Commission to testify. Both in their memorandum and evidence, they explained their role in the riot of April 12th, 1994. This is their evidence:
a. On 30th March 1994, the Military Administrator of Plateau State announced the composition of the five-member Local Government Council Care-taker Committee for each of the twenty-three (23) Local Government Councils in the State.

b. In Jos North Local Government, the five-member Council consists of Alhaji Aminu Mato (a Hausaman by tribe), as the Chairman, with four other Councilors from Igbo, Yoruba, Berom and Jarawa tribes respectively.

c. The composition of the Local Government Care-taker Committee did not go down well with the Berom, Jarawa and Anaguta communities, whose objection was made known to the Military Administrator of the State in a letter dated 4th April, 1994.

d. On 5th April 1994, at about 8.30a.m, some members of Berom, Jarawa and Anaguta communities, living around Rayfield and Bukuru areas, numbering about two hundred (200), illegally stormed the Administrators office to lodge their protest to him personally.



e. The Administrator addressed their leaders and later spoke to the protesters. He advised them to go home or about their lawful business and process their grievances through the right channel. He warned them to avoid anything that might disturb the peace and security of the state. The protesters dispersed, but later converged around Terminus area and started marching towards the palace of their traditional ruler, the Gbong Gwom Jos. They were immediately dispersed by the police.

f. The Administrator immediately summoned a security council meeting to discuss the problem. The issue was extensively discussed with particular attention to security and maintenance of law and order in the state.

g. Intelligence reports from the security apparatus in the state were also discussed and vigil was maintained.

h. On the part of the police, both uniformed and plain clothes policemen were mobilised and deployed to sensitive areas of Jos city in particular. All other Local Governments Divisional Police Officers (DPOs) and Heads of Directorates and Departments in the metropolis were also alerted, and series of meetings with SPOs were held to discuss the issue, with particular regard to the security and maintenance of law and order in the state. Strategies were mapped out and discussed, on how to bring the situation to order, in view of the tension and threat to security being posed by the stiff opposition of the indigenous tribes in Jos North Local Government Area, from where the problem might likely emerge.

i. On the following day, 6th April 1994, police dispersed protesters, mostly from Berom, Jarawa and Anaguta tribes (numbering about one hundred) who attempted to demonstrate to disrupt the swearing-in ceremony of all Local Government Council Care-taker Committee Chairmen at the Dadin-Kowa Youth Center, Jos.

j. The Military Administrator held several peace meetings with Hausa community leaders in Jos North. He also made regular contacts with members of the security apparatus, State Cabinet, Gbong Gwom Jos, Inuwa Ali, the Turakin Jos.



k. On the 8th of April, 1994, the Military Administrator announced the suspension of the Jos North Local Government Care-taker Committee, and directed the Director of Personnel Management (DPM) of the Local Government to act as the Head of the Local Government until a decision is taken on the composition of the Local Government Care-taker Committee.

l. The announcement angered the Hausa community. The Military Administrator had the situation under control. He spoke with leaders of the community and there was calm.

m. Police did not relent in their vigilance.

n. On the night of 11th April 1994, one of the Hausa leaders, Alhaji Shehu Masalla, informed the police that the Hausas were planning to demonstrate against the Government on April 12th, 1994. An application for permission to demonstrate by the Hausa (Jasawa) was refused by the police.

o. Alhaji Shehu Masalla took delivery personally of police refusal letter from the police at 7.30a.m in the morning of April 12th, 1994.

p. The police did not sit back. They quickly made attempts through Alhaji Shehu Masalla to have discussion with other Hausa leaders, but it was about one hour too late. The Hausas were on the move. Police car No. NPF 4753A in which the policemen drove to meet the Hausa leaders for peace meeting was set on fire, but by divine providence, the policemen in it escaped.

q. Police were adamant for peace. They confronted the demonstrators, and routed them off roads and streets of Jos by 10.30a.m on April 12th 1994. Calm was restored to Jos metropolis.

r. Shortly afterwards, policemen were forced back to face riotous acts of vandals who set markets, mosques, school buildings, and vehicles on fire, at various places of the metropolis and killed innocent people. The police won the day by 1.30p.m. They brought the riot to an end. We can observe with satisfaction that the Military Administrator managed the events with maturity and dedication to good governance; and that the police acted vigilantly and timely, to avoid a heavier catastrophe. Police took us on tour of riot torn areas; we think the riot story was exaggerated by the BBC.

s. Police recommended in their memo and in evidence that all concerned citizens should be consulted, with a view to solving the issue of political representation in the state. The police also recommended that the public should be educated on the need to resolve their grievances through dialogue rather than having confrontation with constituted authorities.

3.3.2 Their recommendations are well taken. They appealed to the Commission to address the issue of their welfare to the government; accommodation, salary and allowances are grossly inadequate; late payment of salaries and allowances; inadequate equipment in terms of transport and communication. We do know that the Federal Government is not oblivious of police needs. There is rescue operation for the Police Force. A six-man reform panel was inaugurated not long ago to address issues about the ailing Police Force. The panel constitutes five former Inspectors-General and a retired Deputy Inspector of Police. The Panel had up to May 9 to submit its findings and recommendations, and the police has found cheering solace from that panel.

4.0.0 Recommendations
4.0.1 The Commission of Inquiry was very much assisted by members of the public, genuine witnesses who were genuinely all out for peace and tranquility in Jos, in Plateau state, and in Nigeria. The remedy, we gathered from these witnesses, of avoiding future re-occurrence of such an incident as that of April 12th, 1994, is set out in our following recommendations. Having toured the areas worst hit by the riots having read all the memoranda and documents placed before us in the course of our inquiry, and having heard the oral evidence of fifty witnesses under examination by counsel and members of the Commission; and after exhaustive discussion, consideration, and analysis of all the issues involved, we have the honour to make the following recommendations.

4.0.2 Evidence before us showed that there are conflicts of thought in the minds of the Berom, Anaguta, Afizere, and Hausa-Fulani communities in Jos. These conflicts seem to originate from values placed on tradition, heritage, ancestry, pedigree, territorial claims, control over environment and the inhabitants therein, representation in state or local government, and the like. In all these matters, it appeared to us that courts of law or tribunals do not always provide adequate solutions. We therefore feel that in local matters, particularly where the grassroots may be affected or involved, consultation will be a rewarding exercise.
Government View
Government accepts.

4.0.3 So, to weave all residents of Jos metropolis into a family or society of one membership, we recommend to Government that, in making awards, appointments, and promotions, especially in sensitive government positions such as commissioners, directors-general, chairmen of boards and parastatals, chairmen of local government councils, etc, it should be guided and guarded by justice, fair play, objectivity, and equity. Government should try to consult relevant concerns, so that no rights are seen to be threatened with usurpation. That will make for peace, both for government and the governed.
Government View
Government accepts.

4.0.4 It is one of the higher refinements of civilised behaviour for opposing parties to settle their differences by compromise, for the sake of a mutually desirable outcome. We therefore recommend to Government to invite the disputing parties in this case to a round-table conference to iron out their differences. Relevant personalities from across the length and breadth of the state may be summoned to the peace talks; youths, religious leaders and women leaders ought to be included. The outcome of the peace talks should inform Government on how to reconstitute the controversial Jos North Local Government Council.
Government View
Government accepts.

4.0.5 There will always be the potential for riots and civil disturbance. It is natural that people have differences in opinion, and that these differences may lead to quarrels and fights. Government is therefore advised to consider the following recommendations with regards to security and maintenance of law and order:
a. We recommend to Government to spread its intelligence-gathering network far and wide to cover all individuals and organisations (such as religious, cultural, and social organisations) that could be potentially dangerous to peace and order. In this regard, we will advise on the monitoring of the activities of the Jasawa Development Association and its mentors like Alhaji Sale Hassan.
Government View
Government accepts.
b. We recommend to Government to omit no detail when considering advice and information from the police, the State Security Service, and other responsible organisations and individuals such as traditional rulers, community elders, youth organisations, and women leaders. In the same vain, we advise the security agencies not to discountenance security information and intelligence reports from other sources as rumours because of professional rivalry or personal pettiness.
Government View
Government accepts.
c. The states police command should be adequately equipped with materials and manpower to enable it perform its statutory duties effectively. The welfare of the policemen such as accommodation, transportation, and commensurate and timely payment of salaries and allowances, should be seriously looked into by Government with a view to ameliorating their poor conditions of service. Conversely, we recommend to the police that in their duty of saving public lives and properties (such as when using tear-gass to quell riots), they should exercise such caution as not to cause loss or damage to those same lives and properties they are out to protect.
Government View
Government notes.

4.0.6 In order to forestall future incidences such as the subject of our inquiry, Government must apply sanctions to all individuals, groups of persons, and organisations indicted by our Inquiry. These sanctions should not only be severe enough, but they should also be seen by the generality of the public, to be applied, so that they constitute a deterrence to potential mischief-makers. In this regard, we make the following recommendations:
a. We recommend that the Honourable Attorney-General and Commissioner of 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:
i. Alhaji Yaya Aga Abubakar
ii. Alhaji Sanusi Mato
iii. Danlami Babajoda
iv. Usman Ibrahim
v. Yahaya Garba
vi. Usman Aliyu
vii. Usman Likita
viii. Mansur Nakande
ix. Mr. Baba Teacher
x. Madam Hannatu
xi. Madam Rhoda
xii. Mr. Sunday
xiii. Mama Ayuba
xiv. Mr. Paul
xv. Mr. Danjuma Painter.
Government View
Government accepts and directs the Attorney-General to take appropriate action if it is still pending.

b. The Commission further recommends that the activities of over zealous demagogues like Alhaji Sale Hassan and Alhaji Shehu Masalla, be closely monitored by Government in order to neutralise them before they wreck havoc to law-abiding society.
Government View
Government accepts and direct the security agencies to closely monitor their activities.

c. 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 organisations.
Government View
Government accepts and indicts the Jasawa Development Association for its belligerent activities and complicity in the riot.

d. Lastly in this regard, 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 Service at his disposal, should be subjected to disciplinary measures by the appropriate authority.
Government View
Government accepts and direct that a formal report be forwarded to the Inspector General regarding his activities during the riot.

4.0.7 The riot of April 12th 1994 in Jos metropolis has caused damage to private and public property, especially in Barakin Ladi Hall of the Jos Main Market, where extensive damage was caused by fire. The following recommendations are made to government with specific regard to the security and safety of its public property, especially the ultra-modern Jos Main Market.
a. We recommend that adequate, round the clock, police and private security be maintained at all important public buildings.
Government View
Government accepts.

b. We also recommend that all maintenance, security and safety personnel of these buildings should not only be conversant with fire fighting techniques, but should also periodically alert the public using the buildings on these techniques.
Government View
Government accepts and direct the Fire Service Directorate to embark on awareness campaign on fire fighting techniques to all relevant personnel.

c. Fire fighting and other safety equipment and measures must be properly maintained at all times.
Government View
Government accepts.

d. Safety rules and regulations must be enforce on all users of public buildings. We further recommend the following, with specific regard to Jos Main Market:
i. All stalls in the market halls should be built with fire resisting materials like burnt bricks or metal.
ii. All stalls should be allocated and used with due regard to the free flow of traffic within the halls, and to all other safety requirements.
Government View
Government notes.

4.0.8 Innocent individuals, organisations, and the general public have been deprived of their properties and means of livelihood by the unfortunate incident. The Commission therefore makes the following recommendations with regard to rehabilitation and recompense.
a. We recommend that the Barakin Ladi Hall in Jos Main Market, and all other market stalls and sheds destroyed by fire, or by physical damage by looters, should be quickly rehabilitated, so that trading activities may return to normalcy.
Government View
Government notes.

b. We further recommend that persons and organisations that suffered genuine losses be adequately compensated and rehabilitated.
Government View
Government notes.

c. We also recommend that Government should find a reasonable and compassionate manner of consoling and wiping away the tears of the families of those who lot their lives through no fault of theirs.
Government View
Government notes.

4.0.9 Lastly in the list of our recommendation, we recommend that the General Officer Commanding 3rd Armoured Division and the Commander of the Nigerian Air Force Station, Jos, be commended for calling out their troops to spike the guns of the rioters.
Government View
Government accepts and direct the Office of the Secretary to the State Government to implement.

5.0.0 APPRECIATION
5.0.1 In conclusion, the Commission would like to express its profound gratitude to the State Government for the confidence reposed in the members to carry out this unique assignment, which has been challenging and rewarding. The Commission hopes that Government will find this report acceptable, and workable as a document, for the achievement of that pride of place hitherto enjoyed by Plateau State as the home of peace and tourism.

5.0.2 We are grateful to the Military Administrator Plateau State of Nigeria, Lt. Col. Mohammad Mana, and members of the Executive Council, for affording us the privilege and pleasure to conduct this important and sensitive inquiry. The Commission tried to make the task light.

5.0.3 We acknowledge with gratitude the assistance rendered by the Honourable Attorney-General and Commissioner for Justice, Mr. Isaac Dimka, the Secretary to the State Government, Mr. J. O. Ogbole, Secretarial staff of the Commission, the members of the Nigerian Police, Jos Command, and the Catering Section of the Plateau State House of Assembly, for their assistance in seeing the Commission through.

5.0.4 Lawyers who appeared before the Commission to represent various interests were as follows: Messrs P. N. Aliuna, S. L. Agbali, Garba Tetengi, D. D. Fer, Esq., A.M.W.N. Salako Esq., Nasidi Mohammed Esq., T. R. Gyang Esq., C. J. Olewune Esq., P.D. Dyek Esq., D. Ofodile Esq. They made themselves helpful handmaids, that is, they were relevant.

5.0.5 Mr. S. O. Aboki, Deputy Director of Civil Litigation, appeared before the Commission to give legal assistance. The Government took no sides. Mr. Aboki was a dependable advocate. The Secretary to the Commission, Mr. Peter P. Deshi, was admirably diligent, he gave the Commission invaluable help. We also appreciate the assistance rendered this Commission by Ishaku Usman Angbashim Esq., also of the State Ministry of Justice.

5.0.6 Having deliberated on the above report, Councils decisions on the report were formalised through a motion moved by Hon. Na-Allah Mutbam and seconded by Hon. Barr. Nankin Bagudu.
Government View:
Government notes and express deep appreciation to the members of the Commission for their commitment and resilience towards this assignment and a job well done.
Government directs the Secretary to the State Government to write letters of appreciation to the Chairman and Members of the Commission.

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