Zaria clash: Court refuses to hear El-Zakzaky’s suit
The Federal High Court sitting in Abuja, on Monday, struck out a motion ex-parte filed by the leader of Islamic Movement of Nigeria (IMN), Sheikh Ibraheem El-Zakzaky, seeking to hear his fundamental human right case during vacation.
El-Zakzaky, who is currently in protective custody, had applied through his lawyer, Deji Morakinyo, to the vacation judge to hear his fundamental human suit in view of his health condition.
Morakinyo in an affidavit told the vacation judge, Justice Okon Abang, that the applicant who early this year attacked the Chief of Army Staff convoy in Zaria had bullet lodged in his body close to his spanal cord.
He said although the fundamental human rights suit was before Justice Gabriel Kolawole, the health of the applicant compelled them to request that vacation judge hear it.
In a brief ruling, Justice Abang said that the matter cannot be heard during vacation unless the request is from all the parties to the suit.
He said the matter has been assigned to Justice Gabriel Kalowole and the respondents, Nigeria Police, Department of State Security Services and Attorney General of the Federation have not consented to hearing of suit by vacation judge.
“This application is incompetent is hereby strike out,” he ruled.
It would be recalled that Zakzaky’s principal counsel, Femi Falana (SAN), had during the last sitting before the vacation told the court there is no negotiation with the Federal Government for the release of the detained leader, Sheikh Ibraheem Zakzaky.
Falana told Justice Gabriel Kolawole of the Federal High Court, Abuja, who asked whether there are moves for an out-of-court-settlement, that his client has nothing to negotiate since he and his wife have not been charged with any offence.
“They committed no offence; nobody has charged them to any court. They have lost their houses, three of their children and 347 members of the Islamic Movement of Nigeria. We are not aware of any settlement,” he said.
The Federal Government, who was not represented in court, but had in a counter affidavit by its counsel, Tijjani Gazalli, claimed that Zakzaky is being held in protective custody because he could be attacked by aggrieved residents of Gyallesu community, Zaria, Kaduna State, the spiritual headquarters of the sect.
But counsels, Femi Falana and Festus Okoye, who filed the fundamental rights enforcement application, contended that he is being held against his wish.
Zakzaky and his wife, Mallama Zeenah Ibrahim, were arrested following a confrontation between the group and soldiers which resulted in several deaths and destruction of properties on December 12 and 14, 2015.
Zakzaky is demanding an order of court directing his immediate release from custody.
He also wants the court to award the sum of N2 billion against the Nigerian Army, the Chief of Army Staff, the Department of State Services (DSS), the Inspector General of Police, and the Attorney General of the Federation(AGF).
