[DEVELOPING STORY]
After long battle with the Nigerian government under president Mohammadu Buhari, a court of competent jurisdiction has declared Ibrahim El-Zakzaky and his wife innocent, discharged and acquitted.
El-Zakzaky is the embattled leader of the Islamic Movement in Nigeria (IMN). The IMN was proscribed by the Nigerian government and since then have been in running battle with the leader and members of the organization who are based in the North.
For El-Zakzaky and his wife, it was the case of long walk to freedom, as the court on Wednesday set them free from all charges preferred against them. This was following the concurring of the trial judge with Femi Falana SAN, that the prosecution failed to establish a prima facie case against the defendants.
HISTORICAL BACKGROUND
As the leader of Islamic Movement in Nigeria (IMN), El-Zakzaky was the leader of the Shiite branch of Islam in Nigeria. Shiites are the second-largest branch of Islam, after the Sunnis.
The ordeal of El-Zakzaky’s and his wife began in 2015 when they lost their freedom to state incarceration. Precisely, they were arrested by the Nigerian military on the 13th of December 2015.
The circumstances of their long trial and very contentious battle for freedom were dramatic, painful and led to loss of many lives, most of which were those of the IMN faithful and followers of the Sheikh.
The IMN leader`s first court appearance was about three years after his arrest and detention. This was precisely on the 15th of May 2018. He was arraigned before the same Kaduna State High Court of Justice which eventually set him free.
While in the custody of the Department of Security Services (DSS), there were many lawful court order for his release from detention. This court orders were rebuffed by the government, who fragrantly disobeyed all the court orders.
Eventually, the DSS reversed course and allowed El-Zakzky and his wife leave for India for medical treatment under the order of the court. This was however under some conditions which became controversial and led to failure of the medical trip. They spent only four days on the trip and were returned into DSS custody in Nigeria.
BASIC FACTS
- The trial court was the Kaduna State High Court of justice sitting in Kaduna.
- The presiding judge was Justice Gideon Kurada
- El-Zakzaky and his wife were on trial on an eight-count charge of culpable homicide, disruption of public peace and unlawful assembly among others, which were allegations levelled against them by the Kaduna State Government.
- The detention of the duo lasted over six years, while their trial lasted for over four years. Their lead counsel Mr Femi Falana, a Senior Advocate of Nigeria.
- Following the resting of the case by the prosecution, Falana SAN had on the 1st of July 1, 2021 argued that the prosecution failed in proving their case against the defendants, as all their 15 witnesses were unable to connect Sheikh El-Zakzaky and his wife with the crimes levelled against them.
- Consequently, the learned silk then made a no case submission to the honourable court, praying for the dismissal of all the charges levelled against El-Zakzaky and his wife by the government of Kaduna State.
- On Wednesday, in a well-considered ruling which lasted over eight hours, Justice Gideon Kurada agreed with Falan SAN and upheld the no-case submission, discharged and acquitted Sheikh Ibraheem El-Zakzaky and his wife form all the charges.
- Femi Falana SAN was reported to have represented both Sheikh Ibraheem El-Zakzaky and his wife pro bono, i.e. for free.
- One of the lawyers to Sheikh El-Zakzaky, Sadau Garba, said they would be seeking damages against the Kaduna State Government for the ordeal he and wife were made to go through. He said “However, we will certainly seek damages against the Kaduna state government for all the deprivations and the travails our client suffered. They now need to go home, have some rest and attend to their urgent medical needs,”.
NOTABLE QUOTES
“The trial of Sheik El-Zakzaky and his wife Zeenat has come to end as the court found them not guilty of the alleged crime, filed against them by the Kaduna State Government.
“The court found that the charges filed in 2018 pursuant to the Penal law enacted by the State Government in 2017 were over an alleged offence committed in 2015. The court presided by Justice Gideon Kurada, held that the charge was not supposed to be filed in the first place, as the government cannot arraign someone for a said crime that was not an offence at the time.
“ The court ruled that the charge was incompetent as the court agreed that El-Zakzaky and his wife had committed no offence. The court also holds that the event of December 12 2015 and December 15, 2015 was not an offence and the court was emphatic that none of the events of December 12, 2015 can be attributed to the defendants for an offence.
“The court, thereby, discharges and acquits the defendants, as there should have been no charge in the first place. No party asked for cost of fine”… Says Marshal Abubakar who spoke to journalist in place of the lead counsel in the suit, Femi Falana, SAN.
WHAT WE ARE WATCHING
We ordinarily would not have placed this story under the Palydom watch list if not for the controversial nature of it. The government on several occasions disobeyed court order over Sheik El-Zakzaky and his wife Zeenat.
So we are watching the story to see what next the federal government will do. We are also monitoring this story because the judgement was from a court of first instance, which though naturally should end the criminal case, but the government may have other plans.
We shall keep our readers informed of any development.
FOLLOW THE NEWS
This news is still developing and we are monitoring it for you. In the days and weeks to come, we shall continue to monitor the situation and we will continue to update our readers with the latest developments. Please let us know what part of this news that is of interest to you. Let us know what you wish to know as things develop. Also, avail us with any information that is available to you that may help us better inform our readers. You can signup to The Intel newsletter to receive expert analysis on this news and things that matter to you.
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