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AKSG Press Release: THE COMMISSION OF INQUIRY (WITCHCRAFT ACCUSATIONS AND CHILD RIGHTS ABUSES) INSTRUMENT PROCEDURE RULES, 2011

By Essien Ndueso
Special Assistant (Media)
To Hon Commissioner
Ministry Of Information and Social Re-Orientation
Akwa Ibom State
+2348039529226

AKSG PRESS RELEASE (Posted: January 26, 2011)

Commencement (14thJanuary, 2011)

In exercise of the powers conferred by section 6 (1) of the Commissions of Inquiry Law Cap. 33 of Akwa Ibom State 2000 and all other powers in that behalf, the Commission of Inquiry (Witchcraft Accusations and Child Rights Abuses) set out hereunder the following rules(hereinafter referred to as ‘’The Commission Rules’’)-

(1) The sittings of the Commission for taking oral evidence shall be public and subject to the provisions of the Akwa Ibom State Commissions of Inquiry Law, Cap 33, Laws of Akwa Ibom state, 2000 and the Constitution of the Federal Republic of Nigeria, 1999.

(2) Where a matter arises in respect of which no adequate provisions are made in the rules, the Commission shall adopt such procedures as shall in its view effect the purpose for which the Commission was set up.

(3) The forms in the appendix to the Schedule shall be used where applicable with such variation as the circumstances may require.

(4) The Commission will sit in High Court No. 6, Judiciary Headquarters, Wellington Bassey Way, Uyo, Akwa Ibom State, Nigeria.

(5) The Commission shall commence sitting from the hour of 9.00am to 4.00pm.

(6) Without prejudice to the provisions of Order 5 above, the Chairman of the Commission may in his discretion appoint any day or days and any place or places from time to time for its hearing and may visit any location anywhere in the State that in the opinion of the Commission make for the effective realization of its Terms of Reference.

(7) The Secretariat of the Commission shall be High Court No.6, Judiciary Headquarters, Wellington Bassey Way, Uyo, Akwa Ibom State.

(8) The Secretariat shall be open for business between the hours of 8.00am to 4.00pm from Monday to Friday.

LEGAL REPRESENTATIONS

(11) Witnesses can appear in person or with legal representation before the Commission.

(12) Members of the Commission shall be addressed as Commissioners and the Chairman shall be addressed as Chairman.

(13) Persons appearing before the commission must conduct themselves properly and with utmost respect to every other person appearing before the Commission.

(14) The Secretary to the Commission shall read out the Terms of Reference before the commencement of the Commission business everyday.

ORAL EVIDENCE BEFORE THE COMMISSION

(15) Testimony will be on oath or by affirmation.

(16) Witness shall identify themselves and the organization they represent.

(17) Witnesses shall adopt their memorandum and state if they would make clarifications.

(18) Witnesses may be led by their legal representatives where they desire to present oral testimony whether or not they had submitted memoranda.

(19) Any witness or witnesses whose testimonies alleges acts of omission or commission against any person, person, organization or any body corporate shall be subject to questioning by such person or organization.

(20) Witnesses will be questioned by Counsel to the Commission, the Chairman and the Commissioners.

(21) When a witness commences testimony, such witness shall testify from day to day till the conclusion of his/her evidence and the conclusion of all questionings before the calling of the next witness.

(22) The Commission may allow opening and closing addresses.

(23) Commission may not allow applications for adjournments.

(24) The Rules may be cited as the Commission of Inquiry Procedure Rules, 2011.

Dated this …………………. day of …………………………..2011

Honourable Justice Godwin Abraham
Chairman

COMMISSION OF INQUIRY (WITCHCRAFT ACCUSATIONS AND CHILD RIGHTS ABUSES)
TERMS OF REFERENCE

(a) Determine the veracity of the allegations of witchcraft against children and infliction of cruel, inhuman and degrading treatment upon such children.

(b) Examine the allegations that children in Akwa Ibom State have been stigmatized, threatened, tortured, segregated and/or killed on grounds of being witches or wizards.

(c) Determine the number of children so abused and/or killed on account of such allegations of witchcraft and the locations and persons involved in such abuses or practices.

(d) Examine the role and culpability of any person, authorities or organizations in the generality of the allegations and abuses or practices and make recommendations.

(e) In particular ascertain the veracity or otherwise of the allegation that several children in Akwa Ibom State were stigmatized, maltreated, killed and/or buried in shallow graves on account of being branded as witches and wizards.

(f) Identify the shallow graves and the particulars of the children affected under paragraph 5 (e) and also identify those who maltreated, stigmatized or caused their deaths and make appropriate recommendations.

(g) Generally recommend appropriate remedial measures or actions to be taken by any person, institution or authority to protect children from being branded as witches and wizards in order to guard against future occurrence.

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