Court orders release of shi’ite leader, El-Zakzaky, wife

… Award N50m damage against DSS
The federal high court in Abuja on Friday ordered release of the leader of Islamic Movement in Nigeria, Sheikh Ibrahim El-Zakzaky and wife, unconditionally from “the so-called protective custody” within 45 days.

The court said that the applicants arrests and continued detention since December 14, 2015 to date by the federal government amounted to “an act of gross violation of the Constitution and their fundamental rights.”

Sheikh Ibrahim El-Zakzaky and his Wife, Malama Zenatudden, were arrested by the Nigerian Army after the convoy of the Army Chief of Staff, Lt General Tukur Buratia, clash with the sect in Zaria, Kaduna State, resulted in the death of hundreds of people.

Justice Gabriel Kolawole ordered the release of El-Zakzaky and his wife, who were handed over to the Department of State Security Service (DSS) by the army, while delivering judgments on fundamental human rights suits filed by the applicants in which the DSS, Police and AGF were respondents.

Justice Kolawole awarded Sheikh Ibrahim El-Zakzaky and his wife a total sum of N50m as general damage. He declined the applicants result for aggravated N2b damage

The court specifically ordered the Attorney General of the Federation (AGF) to provide  El-Zakzaky, whose house was  demolished by soldiers last year with a benefiting accommodation within 45 days in any place of his choice in Kaduna State.

The court also ordered the DSS, who has the applicants in their custody to release El-Zakzaky and Zenatudden to the Inspector General of Police, who would convey them to their new home and provide them with protective security 24 hours, seven days of the week.

Justice Kolawole said that the claim by the federal government that El-zakzaky and wife were being held in “protective custody” has no place in law and “is illegal and unconstitutional.

“I am unable to accept the view that the applicants were being detained with their consent,” he stated.

The judge also said that the sum of N5m the DSS claimed it spent for treating El-Zakzaky was in fulfillment of government’s constitutional obligation to her citizen.

He said that the DSS has no legal right to keep El-Zakzaky and wife in their custody for almost one year without charge, except for “so-called protective custody,” when in fact there was no evidence to show their lives was in danger.

He also said it was not proper for the DSS to hide under Section 35 (1) of the Constitution to detain the applicants when they were not mentally disturbed.

Justice Kolawole decried the unwillingness of the federal government to settle the matter amicably out of court, adding that the government appeared to have ignored opportunity provided by the court for such settlement.

According to the judge, the federal government was taking a dangerous risk by keeping the El-Zakzakys in custody because if he died in custody, the country was likely to experience crisis that is similar to the death of Mohammed Yusuf, former leader of the Boko Haram.

Justice Kolawole said that the Constitution was explicit on freedom of religion and belief and urged members of the Sunni, who are the majority in the country, to tolerate the Shiite sect and live in peace as the constitution accommodates all believes.