Court grants El-Zakzaky leave to seek medical treatment abroad

.Ruling victory for truth, justice against tyranny, impunity – IMN

By Ukpono Ukpong, Abuja with agency report

Justice Darius Khobo of Kaduna State High Court on Monday granted Leader of the Islamic Movement in Nigeria (IMN), Ibrahim El- Zakzaky, leave to seek for medical attention in New Delhi, India.

Justice Khobo while granting the IMN leader the leave said he would travel in company of state officials.

He said the IMN leader must return immediately after his discharge from the hospital to face his charges.

The IMN leader and his wife had applied to the court seeking to travel, following poor health while in detention.

State Director of Public Prosecution, Dari Bayero, briefed newsmen, shortly after Monday’s ruling in Kaduna.

Bayero, who is the respondent in El-Zakzaky’s application, said the team has taken time and examined the eight medical reports by Nigerian and foreign doctors that accompanied the IMN leader’s application.

“The context of the court ruling is that Sheikh Zakzaky and his wife are granted leave to travel out for urgent medical attention. The court looked through the medical reports filed and believed Mallam is indeed, in dire need of medical attention.

“This is not a bail, but a leave to travel. So as soon as his discharge from the hospital and he returns to the country, his trial will resume,” he said.

Bayero said the team of lawyers would study the ruling and explore whether there is need for appeal, adding that “we have a month to go through that.”

On his part, counsel to El-Zakzaky, Marshal Abubakar recalled that before July 29, the lead counsel to the applicant, Femi Falana (SAN) was in the court to move the application, which was adjourned to today.

”It is not a bail application as is being wrongly reported by some media, it was an application to save the life of the applicants, el-Zakzaky and his wife. The ruling came up today (Monday) and the court graciously agreed with Femi Falana (SAN) and the various medical reports that were attached to the applications.

”There were eight medical reports that clearly shows the applicants are in dire need of medical treatment abroad. The court agreed that they should be allowed to seek for treatment that they sort for and with supervision,” Abubakar said.

The IMN leader is standing trial in another court over allegations of culpable homicide, unlawful assembly and disruption of public peace among other charges.

Justice Gideon Kurada, who was handling the case, had on April 25 adjourned the trial of the IMN leader indefinitely. This was to enable the judge serve on the panel of the presidential and National Assembly Elections Petitions Tribunal in Yobe State.

Before the indefinite adjournment, the court had on January 22 ordered the Kaduna State government to avail the IMN leader and his wife, Zeenat, access to medical service.

Reacting to Monday’s court ruling, the Adamawa State Chairman of the Free Zakzaky Campaign Committee, Abdurrahman Abubakar, described the ruling as a victory for dogged determination, patience and perseverance even in the face of extreme persecution.

“Today, we obtained a favourable judgement in the ruling on application specifically, seeking for the court’s permission to allow Sheikh Ibraheem Zakzaky and his wife, Malama Zeenat Ibrahim to seek urgent medical treatment outside this country.

“This ruling is not only a vindication that leaving all doors open to obtain favourable outcomes works, but it is a victory for our dogged determination, patience and perseverance in the face of extreme persecution. It is a victory for truth and justice against tyranny and impunity.

“It will be recalled that the applicants are known to be clearly very ill in detention, consequent on the brutal wounds unjustifiably inflicted on them by the state agents. The resultant prolonged dehumanizing detention in the custody of the Department of State Security (DSS) and the obvious poisoning of the Sheikh.

“As a result of all these physical and psychological stresses, the Sheikh suffered series of mild strokes and is at the risk of further recurrences. Meanwhile, he lost one eye following the military attack and is at a severe risk of losing sight completely in the other. He is now found to have more than 20 times the toxic levels of lead poison in his body!

“Similarly, the wife has been under excruciating pains with shrapnel deeply lodged in her body for all these years of inhuman conditions in detention. She now is able to ambulate only with the use of a wheelchair.”

“We are all aware of the blurred human rights records of the Nigerian government which hardly respects court orders in contravention of the constitutional provisions,” he said.

He also recalled that Sheikh Zakzaky and his wife were still kept in detention incommunicado in spite of previous court judgements ordering their immediate release from detention, thereby further flaunting their fundamental rights and further jeopardising their deteriorating health.

Abubakar disclosed that while awaiting the Federal Government’s response on Monday’s court ruling, the group is set to finalise urgent plans to transfer their leader and the wife to a more appropriate foreign health facility for further expert management.

“As a peaceful Movement, we have kept to our clean tradition of keeping faith with due process in seeking redress through peaceful means without any resort to violence despite deliberate and persistent provocations by the government.

“We wish to use this opportunity to also say a big thank you to all people of conscience, particularly some very senior citizens, diplomats, human rights activists and organizations, journalists and the general public who doggedly stood by us in the campaign for justice for the victims of Zaria genocide,” Abub