A Kaduna state High Court sitting in Kaduna on Tuesday dismissed the motion of no-case submission filed by the leader of the Islamic Movement in Nigeria (IMN) Sheikh Ibrahim el-Zakzaky and his wife Zeenat.
Both of them are standing trial before Justice Gideon Kurada on eight counts charges including culpable homicide, unlawful assembly and disruption of public peace among others.
The IMN leader who was brought to court on Tuesday morning amid tight security, had asked the court to quash the Kaduna state government’s case against him and his wife for lack of evidence during the last sitting on August 7, for which Justice Kurada fixed today (Tuesday) for ruling on the matter.
Counsel to the defendants, Abubakar Marshall, holding briefs for the lead counsel, Femi Falana, had asked the court to quash the charges preferred against the IMN leader by the government for not “disclosing an offence known to law contrary to Section 36 (8) and (12) of the 1999 constitution as amended”.
The Prosecution Counsel, Dari Bayero, also adopted his final arguments in the matter.
Justice Gideon Kurada, in his ruling on the matter, dismissed the no-case submission, saying that it is premature to rule on the application to quash the charges against the defendants in view of the clear provisions of the Kaduna state Administration of Criminal Justice.
He said such application should be ruled on after the defendants might have taken their plea and after hearing on the whole matter has been concluded.
El-Zakzaky and his wife, however, pleaded not guilty when the charges were read before them.
The case was adjourned to November 18 and 19, 2020 for continuation of trial and to enable the prosecution counsel to present his evidence before the court.
The defence and prosecuting counsels, in separate interviews, however differed on the court ruling.
El-zakzaky and his wife were arrested and detained since December 2015 following a bloody clash between IMN members and the Nigerian Army in Zaria, Kaduna state.
