Connect with us

News

Court Orders release of El-Zakzaky within 45 days, Awards him N50m as Damages

BellaNaija.com

Published

 on

Ibrahim El-zakzaky

Ibrahim El-Zakzaky

The Federal High Court, Abuja, has ordered the unconditional release of Ibrahim El-Zakzaky, leader of Shiite sect in Nigeria, and his wife, Malama Zeatudden, from detention, within 45 days.

The court also ordered the Federal Government to provide a new accommodation for El-Zakzaky in Zaria or any northern town of his choice.

The court, presided by Justice Gabriel Kolawole, also awarded El-Zakzaky and his wife N50 million as general damages.

Shiite members had on Thursday at the National Assembly, protested against the detention of Zakzaky.

Kolawole, in his ruling, said no extant law within the country’s statutory legal frameworks and external ones subscribed to by the state had allowed anybody to be held against his or her wish.

El-Zakzaky had filed a fundamental right enforcement suit against the Federal Government challenging both him and his spouse detention.

The court therefore, held that the continued detention of the applicant without trial amounted to a gross violation of the constitution and the African Charter on Human and People’s Rights.

“I have studied the addresses of Femi Falana (SAN), counsel to the applicant and the counter argument advanced by Tijani Gazali counsel to the state.

The issues raised in the application were to me fundamental rights issues.

The fact, however, remains that the respondents have not denied they have not kept the applicant and wife in detention since December 15,’’ he said.

Kolawole further said that the defence of the respondents was not tenable in law, adding that the state had not justified why the applicant and his wife were held under protective custody.

According to him, neither the constitution nor the National Security Act allows a citizen to be in protective custody except on grounds of suspicious contagious disease.

“The respondents have not shown evidence to indicate that El-Zakzaky and his wife are plagued with such ailments that required them to be kept away from their community.

It is also clear from the counter affidavit that no such evidence as to complaints of threat on the life of the applicant and his family to warrant their protection.

The court has come to the conclusion that the applicant and his wife have been kept against their desires, thereby resulting in the breach of their rights to liberty.

This court refuse to accept that the applicant and his wife were under protective custody,’’ the Judge held.

The court ordered the construction of a new accommodation for El-Zakzaky’s family in any part of Kaduna State or any town so approved by the applicant within the Northern region.

Kolawole further ordered the Inspector-General of Police to deploy policemen to protect the shiite’s leader in his new home pending the diffusion of the acclaimed threat on his life.

“I have ordered the immediate release of the applicant and his wife because the family house in Zaria was destroyed between December 12 and December 14, 2015. I have given the 45 days as a reprieve for the Inspector-General of Police, Attorney-General of the Federation in conjunction with the DSS to provide the new accommodation before their releases,’’ he said.

Speaking with newsmen after the proceedings, Festus Okoye, counsel to the Shiite’s leader, described the outcome of the suit as a victory for civil rule.

He said the development would go a long way to douse the tension the detention of El-Zakzaky’s had generated in members of the Islamic Movement of Nigeria (IMN).

“We are, however, waiting for the government to without delay carry out the orders of the court, that way peace and stability would return to our Federation,’’ Okoye said.

On his part, Gazali said the judgment would be tested in superior courts, adding that some of the issues raised were not distilled by the trial court.

11 Comments

  1. FREEMAN

    December 2, 2016 at 4:21 pm

    they are letting him go while Nnamdi is still in detention there is God oooo

    • Brandt.

      December 2, 2016 at 8:48 pm

      You son’t understand the HATRED and contempt Sunni muslims (especially the Nigerian breed) have for Shi;ite muslims. Most muslims in Niigeria are Sunni. Buharai is Sunni. Saudi Arabia royal family is Sunni. There is an agenda and a jihad to wipe them out of this country unless they covert to Sunni just as there is for Christians unless they convert to islam.

      When Zahra Buhari said so on Facebook, of course, you know she was speaking her father’swords, what she has been taught and what and how they talk and discuss in her family and home and among her father’s true friends and associates. Zahra Buhari who, in an angry spat with another user telling her to tell her father to stop killing innocent people, Christians, etc, on Facebook, notoriously said::
      “‘KILLING WILL KEEP GOING ON, MUSLIMS WHO DONTS WANT TO ADHERE TO MUSLIMS RULES WILL BE KILLED, CHRISTAINS WILL DIE UNTIL THEY TURN MUSLIMS, BIAFRANS IS JUST A SAY DREAM, POLITICAL OPPOSITIONS MUST FOLLOW MY DAADYS RULE.”” See the screenshots of the entire conversation using the link provided.

      http://celebsnest.com.ng/2016/10/zahra-buhari-makes-controversial-statement-after-angry-nigerian-attacks-her/

      You are talking so naively as if you don’t live in Nigeria in this Buhari dispensation. The ECOWAS court long ordered the FG to release Dasuki and to pay him N15m for unlawful detention, etc. Buhari’s FG and his EFCC have refused to obey the ECOWAS court; instead, when the man’s aged father eventually died from sickness months after he should have been freed from jail anyway in compliance with the court order, EFCC was offering him permission to go and bury his royal father and observe official mourning and come back to jail and they expected him (a prince) to accept. “”You cannot dash me my human rights.”” Someone famously sang that in this country some years ago.

  2. Ada

    December 2, 2016 at 4:25 pm

    50mm?! ?? where did the FG get this money from? Hmm, tomorrow they will say we don’t have money. Meanwhile, foolishness abounds.

    • nnenne

      December 3, 2016 at 4:00 am

      They will get it from Delta region oil!
      Where else! !!
      Hahahaha.
      Nigeria we HaIl thee!

  3. Janet Uwah

    December 2, 2016 at 4:50 pm

    Wow, the money is too outrageous, who would bring that kind of money at this period of recession because of one person? when so many people are hungry and dying out there. CHai!!!

  4. Ibrahim Abubakr muzzammil

    December 2, 2016 at 5:09 pm

    this man does not deserve any bailing..

    this man deserve to be killed in a very wicked way

    • Darius

      December 2, 2016 at 8:39 pm

      Another evil sunni trying to demonize a shia.

    • Okechukwu Ofili

      December 3, 2016 at 1:25 pm

      Why? Please explain.

  5. Tee

    December 2, 2016 at 9:53 pm

    How can they release him and still detain Nnamdi, what in the world is wrong with Nigerians. Omg his people have protested and have been violent even towards the police. So Nnamdi is more of a threat to the country than this man really. This Nigeria of today is wrong? And 50million for what like did they compensate the people that died during the violent protests. Nigerians don’t see anything, keep believing God will come down from heaven to save you. Don’t stand up and fight for your right and enforce that this leaders you have appointed serve you right. Mchew

  6. Brandt.

    December 2, 2016 at 10:02 pm

    BN, post my comment. Enough of this evil thing you do of swallowing certain comments, especially to do with Buhari, Aisha, their family. You do this as well with other sensitive issues or personalities, holding comments back because you want the conversation skewed a certain way, either very negatively and/or controversially so as to incite heavy traffic, or favourably towards your sacred cows and favoured (celebrity, HNI i.e. high networth individuals, society, and political) friends and darlings, and certain comments that come in too early in your view and might influence the direction or tone of the conversation/comments the other way from what you desire, you hold back, and then only posting them when you believe that traffic has moved away from that page/as much as 24 hours later/when you have posted at least 3 more new pages of features on the site (all the same thing).

    When you are not on the side of Truth, when you begin to try to regulate Truth, then you are swimming in very dangerous waters indeed, and you need to check yourself and re-evaluate your values, your goal and your path, and what is truly important, in life, ion the end.

    :I believe you are in dire need of remembrance of (or, knowledge of) the abiding and guiding principles of your exalted profession i.e. The Journalist’s Creed (written, published over a hundred years ago, in 1914, and held up as the standard and adhered to world over, here are some excerpts):

    “”I believe that the public journal is a public trust; that all connected with it are, to the full measure of their responsibility, trustees for the public; that acceptance of a lesser service than the public service is betrayal of this trust.

    I believe that suppression of the news, for any consideration other than the welfare of society, is indefensible.

    I believe that the journalism which succeeds best — and best deserves success — fears God and honors Man; is stoutly independent, unmoved by pride of opinion or greed of power, constructive, tolerant but never careless, self-controlled, patient, always respectful of its readers but always unafraid, is quickly indignant at injustice; is unswayed by the appeal of privilege or the clamor of the mob; seeks to give every man a chance and, as far as law and honest wage and recognition of human brotherhood can make it so, an equal chance; is profoundly patriotic while sincerely promoting international good will and cementing world-comradeship; is a journalism of humanity, of and for today’s world.””

  7. sharon

    December 3, 2016 at 7:30 am

    How about Nnamdi kalu???

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Star Features

Recent Posts

Get The Pan-Atlantic Advantage

Advertisement
css.php