Dasuki, El-Zakzaky: Falana, HURIWA blast Presidency

. Condemn justification of continued detention of ex-NSA, IMN leader

.It’s recklessly lawless and a gross breach of constitutional principles – HURIWA

Human rights activist and Senior Advocate of Nigeria (SAN), Mr. Femi Falana and a leading pro-Democracy and Non-Governmental organisation, Human Rights Writers Association of Nigeria (HURIWA), on Wednesday, lambasted the Presidency for justifying the continued detention of former National Security Adviser, Col. Sambo Dasuki (rtd), the Leader of the Islamic Movement of Nigeria (IMN), Sheikh Ibrahim el-zakzaky and his wife, Hajia Ibraheema Elzakzaky, despite several court rulings asking that they be admitted to bail.

Recall that Senior Special Assistant to President Muhammadu Buhari on Media and Publicity, Mr. Garba Shehu, had on Tuesday insisted that Dasuki and El-zakzaky would not be freed in obedience to the court orders admitting them to bail because whilst El-zakzaky is being kept in protective custody, the immediate past National Security Adviser has other pending matters in other courts.

However, Femi Falana in a statement on Wednesday described as a reckless demonstration of official impunity the statement credited to the Senior Special Assistant to President Muhammadu Buhari on Media and Publicity, Mr. Garba Shehu.

The Human Rights Writers Association of Nigeria (HURIWA) in a statement on Wednesday also dismissed the Buhari administration’s position, describing it as being recklessly lawless and in gross breach of constitutional principles.

Insisting that the statement of Shehu issued on behalf of the Presidency to justify the detention of Sheikh Ibraheem Elzakzaky and his wife, Hajia Ibraheema Elzakzaky, was a reckless demonstration of official impunity, Falana in the statement he personally signed expressed surprise at the statement which claimed that the valid and subsisting order of the Federal High Court made on December 2, 2016 would not be obeyed by the Federal Government on the dubious ground that the Sheikh is in “protective custody” while the justification for holding the wife is that he is taking good care of her husband in the illegal custody.

Falana said: “In the checkered history of Nigeria, this is the first time that a democratically elected government has openly justified the detention of any citizen in defiance of a valid and subsisting order of a competent court of law.

“Even under the neo-tarzanist Buhari/Idiagbon military junta, court orders which directed that victims of the obnoxious Detention of Persons Decree No 2 of 1984 be released from illegal custody were complied with. But under a democratic government, Mr. Shehu wants Nigerians to believe that El-zakzakys are held in “protective custody” after the Federal High Court had declared such detention illegal and unconstitutional. Or has Mr. Shehu suddenly become so power drunk to the extent that he can conveniently set aside the judgment of the Federal High Court?

“Before now, the “Presidency” had claimed that the couple could not be released on the nebulous ground that they constituted a threat to national security. When reminded that the Federal High Court has dismissed such unsubstantiated allegation, Mr. Shehu has turned round to say that “ElZakzaky is held for his own good.
“Is Mr. Shehu not aware that El-zakzaky has lost one of his eyes in the dungeon of the State Security Service and may lose the other eye due to denial of urgent medical treatment? Why has his request to travel abroad for medical attention at his own expense been refused by the Federal Government?

Expressing doubts that President Muhammadu Buhari or Acting President Yemi Osinbajo authorised the contemptuous statement issued on behalf of the Presidency, Falana advised that Shehu should be called to order and restrained from further exposing the Federal Republic of Nigeria to ridicule before the comity of civilized nations.

“However, since the Federal Government continues to proclaim loudly that it operates under the rule of law, it cannot be operated to treat court orders with disdain. To that extent, El -zakzaky and his wife must be released from the illegal custody of the State Security Service since the Federal High Court has hear and dismissed the official claim that they are held in “protective custody.”

Also speaking on the government’s refusal to release Dasuki, Falana wondered why the same government that charged the former NSA with criminal diversion of public funds and treasonable felony, frustrated his trial by refusing to take him to court.

“The reason adduced for detaining Col Dasuki is highly contemptuous as the three Nigerian courts trying him have admitted him to bail.

“Furthermore, the Court of Justice of the Community Court of Justice (ECOWAS) has directed the Federal Government to comply with the orders of its national courts which have admitted him to bail. Since no higher court has quashed the bail of the former NSA, the arrogant statement of Mr. Shehu on the matter is the height of official impunity in a democratic society,” he said.

“In the light of the foregoing, I hereby reiterate the call for the immediate and unconditional release of the Elzakzakys from illegal custody in strict compliance with the judgment of the federal high court.

“At the same time, Col. Dasuki should be released on bail and be allowed to stand his trial in the Federal High Court and the high court of the Federal Capital Territory. A government which is desirous to secure conviction of persons charged with criminal offences cannot treat the orders of the same court with disdain and impunity.”

Speaking in the same vein, National Coordinator of HURIWA, Mr. Emmanuel Onwubiko,in a statement on Wednesday, dismissed the Buhari administration as being recklessly lawless and in gross breach of the Constitutional principles of Separation of Powers and section 6 of the Constitution which grants sole judicial powers of the federation to the Courts of competent jurisdictions including the various divisions of the Federal High Court that have in numerous binding rulings granted immediate bail orders to both Dasuki and El-zakzky.

Submitting that President Buhari ‘s flagrant disrespect of the Courts of competent jurisdictions amounted to a civilian coup de tat and tantamount to impeachable offences, the Rights group expressed consternation and absolute disappointment with the National Assembly for failing to commence impeachment procedure against President Buhari for failing to respect both the Nigerian Federal High Courts and even the Economic Community of West African States’ Court which ordered the immediate release from detention of the Department of State Services of the former National Security Adviser.

The Group said: “The current administration should blame itself should anything untoward happen to our democracy, because the willful disobedience of the Courts by the President and the Security agencies under the Presidency is an invitation to anarchy and chaos because democracy can only thrive in atmospheres of respect for the Rule of law, Respect for the Fundamental rights of all citizens and absolute compliance to the provisions of the Constitution of the Federal Republic of Nigeria of 1999 (as amended).

“Why is the Presidency continuing in the gross violations of lawful orders of the Courts and at the same time urging Nigerians to defend democracy in the case of a military incursions into the democratic government?

“This administration must be told that the wilful disobedience of the Courts is a breach of the Constitution which is as bad as military overthrow of constituted democratic order,” he said.