Temidayo Akinsuyi, Stephen Ubimago, Juliet Oyoyo, Emma Nzomiwu, Jide Oyekunle
Lagos / Kaduna / Enugu / Abuja – The Department of State Services (DSS) on Monday said that it would comply with the Kaduna State High Court order granting the detained leader of the Islamic Movement in Nigeria (IMN), also known as Shiites, Ibrahim El-Zakzaky, and his wife, Zeenatu, leave to seek medical attention abroad.
The Kaduna State High Court, on Monday, ruled that the Shiites leader and his wife be granted leave to seek medical attention abroad.
In a statement by Peter Afunanya, the Public Relations Officer, Department of State Services, Abuja, he said the agency was liaising with relevant stakeholders to ensure full compliance of the court order.
“This is to inform the public that the Department of State Services has received the order granting Ibrahim El-Zakzaky leave to travel to India for medical treatment.
“Consequently, the Service is liaising with relevant stakeholders to ensure compliance. Conformity with the order is in line with the Service’s avowed commitment to the rule of law inherent in a democracy,” the statement read.
The couple is expected to visit Mandeta Hospital in New Delhi, India for treatment.
El-Zakzaky has been in detention since 2015 after soldiers raided IMN headquarters in Zaria and allegedly killed at least 347 Shiites following clash with a convoy of the chief of army staff in Kaduna.
There have been court orders granting him bail but the Federal Government insists on detaining him thereby stirring his followers, who consistently protested in Abuja and Kaduna.
On July 22, 2019, their protest came to a head when Usman Umar, a Deputy
Commissioner of Police; Precious Owolabi, an NYSC member with Channels Television, and 10 others were killed.
The Kaduna High Court on Monday said the prosecution had failed to prove that El-Zakzaky would be a flight risk, while the defence team established that the couple’s health had worsened in custody.
Meanwhile, Afenifere, Arewa Consultative Forum (ACF), Ohanaeze Ndigbo and lawyers on Monday hailed the court order.
Afenifere, pan-Yoruba socio-political organisation, said on Monday that it will be a pleasant surprise if the Federal Government complies with the order of the Kaduna High Court granting bail to Ibrahim El-Zakzaky to travel abroad for medical treatment.
Yinka Odumakin, the organisation’s National Publicity Secretary, said as usual, the Federal Government may continue to deny the cleric the right to bail by claiming that national interest overrides private rights.
“Does it mean anything? Unless ‘national interest’ no longer overrides ‘private rights’, I don’t expect compliance with the order. It would be a pleasant surprise if they release him”, he said.
Also, Arewa Consultative Forum (ACF) hailed the judgment, saying it shows public interest has prevailed.
Anthony Sani, the group’s Secretary-General, told Daily Independent that the court took into account provisions of individual rights and public interests before arriving at the decision.
“As regards the granting of permission to Sheikh El-Zakzaky to undergo treatment in India, I guess the court must have taken into account the provisions for both individual right and public interest as provided by sections 36, 37 and 38 as well as section 174 of the constitution, with adequate conditions that can safeguard public interest. In which case, there should be no qualm.
“I say so because the court exists to help protect and preserve both individual and public interests, and if the two collide, public interests prevail”.
Similarly, Ohanaeze Ndigbo has expressed happiness over the order of court for the release of El-Zakzaky.
Ohanaeze reacted through Emeka Atama, the Media Adviser to the President General, Nnia Nwodo.
Ohanaeze, however, said it was unfortunate that the Federal Government allowed innocent blood to be shed before doing the needful.
Equally, Hassan Hyat, former Minister of State for Aviation, said the laws of the land should take precedence over everything.
According to him, “One, the president has no right, whatsoever, under the laws of the land not to release whoever the courts have granted bail.
“Therefore, to have kept people who have been granted bail up till this time, is in itself encouraging insecurity and anarchy. This is because, anywhere you promote disobedience to the rule of law you are creating insecurity in the system.”
Hyat said it is not the issue of whether the courts are right or wrong in granting bail, noting that the issue is that the court has granted bail.
“Government has to respect the courts and the decisions of the courts. There are rooms and avenues to seek redress and that is why we have the appellate courts. So, for government not to re-avail itself of the superior court, using the power of coercion, certainly it is unacceptable in any civilised society. So, I do not support what the government is doing”, the former minister said.
Lawyers Laud Court Order Directing El-Zakzaky’s Release
Lawyers have hailed the court order releasing Sheikh El-Zakzaky.
According to senior lawyer, Mrs. Funke Adekoya (SAN), the present decision of the court indicates that the government has not been able to make a compelling case for the continued detention of the man.
She said, “Court orders are meant to be obeyed. I do not think that the lawyers of the executive arm have made a convincing case for the continued detention of El-Zakzaky.
“If they’d made such a convincing case, there is no law court desirous of doing justice that will fail to be swayed by their case.”
Speaking in a similar vein, Professor Ademola Popoola, former Dean, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Osun State, said the prosecution in the instant case failed to successfully challenge the defendants’ application.
The court for that reason, granted the application, hence the government has no reason to defy the order.
He said, “It is clear from the judgment of the Kaduna State High Court that the materials tendered in court by the defence counsels were not seriously challenged by the prosecution because they were more compelling this time around.”
For Mr. Olusina Fasugba, a Lagos-based legal practitioner, the government has no choice but to comply with the order of court, because Nigeria is a democracy, not a military dictatorship.
According to him, “This is a constitutional democracy. It is predicated on the rule of law. This is a government ushered in not by a coup but by the constitution. I don’t expect a democratically elected government to defy a valid court order.”
Residents Heave Sigh Of Relief
Kaduna residents heaved a sigh of relief on Monday following the court ruling that granted El-Zakzaky bail to travel to India for treatment.
Residents told Daily Independent that they were already getting frustrated by the constant ‘stay at home’ messages they received anytime El-Zakzaky’s case was to be heard in court from unknown persons.
Yunusa Momoh, a trader in the Central Market, said that he was contemplating moving his family back to Edo State as a result of the unending crises between the police and the Shiites.
According to him, “I was held up in town during one of the crises. I had to start making frantic calls to my family to make sure that they were safe.
“We are happy that it is over. Moreover, this is not the first time the court has granted El-Zakzaky bail. I hope this time, the government will obey the decision of the court and allow the man to go get medical attention”.
Shiites Ecstatic Over Ruling
Members of IMN were ecstatic on Monday when the court granted their leader, El-Zakzaky, leave to seek medical attention abroad.
While granting the IMN leader the leave, the presiding judge, Justice Darius Khobo, said El-Zakzaky would travel in company of state officials, and would return to the country after his medical period in order to face charges.
The IMN leader and his wife had applied to the court seeking to travel for medical treatment following poor health while in detention.
Speaking with journalists on Monday after the court’s ruling, the Kaduna State Director of Public Prosecution, Dari Bayero, said the team had taken time and examined the eight medical reports by Nigerian and foreign doctors that accompanied the IMN leader’s application.
“The context of the court ruling is that Sheikh El-Zakzaky and his wife are granted leave to travel out for urgent medical attention.
“The court looked through the medical reports filed and believed Mallam is, indeed, in dire need of medical attention.
“This is not a bail but a leave to travel. So as soon as he is discharged from the hospital and he returns to the country, his trial will resume,” he said.
Bayero said the team of lawyers would study the ruling and explore whether there is need for appeal.
“We have a month to go through that,” he said.
Also speaking, Marshal Abubakar, El-Zakzaky’s lawyer, recalled that before July 29, the lead counsel to the applicant, Femi Falana, was in the court to move the application, which was adjourned to Monday.
“It is not a bail application as is being wrongly reported by some media; it was an application to save the life of the applicants, El-Zakzaky and his wife.”
According to him, “The ruling came up today and the court graciously agreed with Mr. Femi Falana (SAN), and the various medical reports that were attached to the applications.
“There were eight medical reports that clearly showed the applicants were in dire need of medical treatment abroad.
“The court agreed that they should be allowed to seek treatment that they sort for and with supervision.”
In the application that was granted, El-Zakzaky had said he and his wife would return to Nigeria as soon as they were discharged from hospital.
El-Zakzaky is standing trial in another court over allegations of culpable homicide, unlawful assembly, and disruption of public peace, among other charges.
Justice Gideon Kurada, who was handling the case, had on April 25 adjourned the trial of the IMN leader indefinitely.
The indefinite adjournment was to enable the judge serve on the panel of the Presidential and National Assembly Elections Petitions Tribunal in Yobe.
Before the indefinite adjournment, the court had on January 22 ordered the Kaduna State government to avail the IMN leader and his wife access to medical service.
The Kaduna court’s ruling roused the restive followers of El-Zakzaky who had been on warpath with security forces and were expected to be up on Monday morning in readiness for the hearing.
A statement was made available to Daily Independent by the spokesperson of the movement, Ibrahim Musa, and signed by the chairman of the Free Zakzaky Campaign Committee, Abdulrahaman Abubakar Yola, soon after the ruling.
It said: “Today, Monday 05/08/19, we obtained a favourable judgment in the ruling on application specifically seeking for the court’s permission to allow Sheikh Ibraheem Zakzaky and his wife, Malama Zeenat Ibrahim, to seek urgent medical treatment outside this country.”
Abdulrahaman noted that the ruling was not only a vindication that leaving all doors open to obtain favourable outcomes works, but that it was also a victory for their dogged determination, patience, and perseverance in the face of extreme persecution.
“It is a victory for truth and justice against tyranny and impunity,” he said.
According to him, “It would be recalled that the applicants are known to be clearly very ill in detention, consequent on the brutal wounds unjustifiably inflicted on them by the state agents in the name of the Nigerian army, the resultant prolonged dehumanising detention in the custody of the Department of State Services (DSS), and the obvious poisoning of the Sheikh.
“As a result of all these physical and psychological stresses, the Sheikh suffered series of mild strokes and is at the risk of further recurrences.”
The chairman of the Free Zakzaky Campaign disclosed that their leader lost one eye following military attacks and was at risk of losing his sight completely.
“He is now found to have more than twenty times the toxic levels of lead poison in his body,” he said.
He added: “Similarly, the wife has been under excruciating pains with shrapnel deeply lodged in her body for all these years of inhuman conditions in detention.
“She now is able to ambulate only with the use of a wheelchair. Both were not even able to make it to the court in the last two sittings.
“They have been battling ailments that could not be treated in Nigeria, as posited by the foreign medical experts that earlier in the year assessed their health condition.
“Undoubtedly, both risked losing their lives had this favourable ruling been denied or further delayed.
“We are all aware of the blurred human rights records of the Nigerian government which hardly respects court orders, in contravention of constitutional provisions.”
The post El-Zakzaky: We’ll Comply With Court Order – FG appeared first on Independent Newspapers Nigeria.
Source: Independent
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