El-Zakzaky vs FG: Which way, what next?

Kehinde Osasona in this piece looks at the face-off between the Federal Government and the Shiite sect, the havoc it has wrecked and the way forward.

The Federal Capital Territory (FCT) is not enjoying its relative peace at the moment.

This is not unconnected to the daily protest embarked upon by members of the Islamic Movement of Nigeria (IMN) popularly known as Shiites to secure release of their leader, Alhaji Ibrahim El-Zakzaky.

El-Zakzaky has been kept behind bars over his group’s clash with the Nigerian Army in 2015 in Zaria, Kaduna State.

The genesis

Specifically, in December 2015, a clash ensued between the military and the Islamic Movement of Nigeria. Hostilities were apparently triggered by an incident involving the army chief in Zaria. According to official account of the military, members of the Shiite group blocked the route of the army chief’s motorcade which prompted a confrontation.

However, the version of the story by members of the group was at variance with the army’s  position. They had claimed they were attacked by men of the Nigerian Army who killed hundreds of their members.

El-Zakzaky’s incarceration

The leader of the IMN, Sheikh Ibrahim El-Zakzaky was arrested in December 2015 following the clash between his group and the Nigerian Army but was charged to court by the Kaduna state government in April 2018, barely two and half years after he was arrested.

He was charged alongside his wife, Zeenah, and two others with various offences including murder of a soldier, Corporal Yakuku Dankaduna, who was said to be in the convoy of the Chief of Army Staff, Lt. Gen. Tukur Buratai, during the December 2015 bloody clash between Shi’ites and the soldiers in the convoy in Zaria, Kaduna State.

El-Zakzaky, his wife, Yakub Katsina and Sanusi Koki, were named in the charge marked KDH/KAD/60C/2018 and dated April 18, 2018.

But after a protracted trial, Justice Gabriel Kolawole of the Federal High Court, Abuja, had on December 2, 2016, ordered the unconditional release of El-Zakzaky, and his wife, Malama Zeatudden, from detention within 45 days.

The court was also clear enough when it ordered that the police shall within 24 hours after their release take them to a safe place under the security of an escort.

The Federal Government was also directed to provide a new accommodation for El-Zakzaky and his family in Zaria, Kaduna State or in any other northern town of his choice and awarded the sect leader and his wife N25m each as damages.

However, on January 16, 2017, when the court deadline for El-Zakzaky and his wife’s release expired, Amnesty International, a human rights advocacy organisation, noted that failure to release the detainees would amount to contempt for the rule of law.

“The 45-day deadline given for their release expires today. If the government deliberately disregards the orders of its own courts, it will demonstrate a flagrant – and dangerous – contempt for the rule of law,” Interim Director of Amnesty International Nigeria, Makmid Kamara, had said.

The 45 days passed and still El-Zakzaky remained in detention even though the court order was clear and unambiguous.

Although, the then Attorney General of the Federation, Abubakar Malami, had on January 19 filed an eight-ground notice of appeal against the court’s judgment.

El-Zakzaky’s counsel, Femi Falana (SAN), had however, noted that the appeal had no effect on the enforcement of the court’s judgment.

The casualties

Dissatisfied with the long detention of their leaders, members of the IMN have been embarking on series of protests to demand the release of El-Zakzaky. This action has, however, resulted in loss of lives.

Lately, the protests had claimed the Deputy Commissioner of Police, DCP Usman Umar, officer in charge of operations at the FCT Police Command, and a Reporter with Channels Television,Precious Owolabi.

Although, the then Attorney General of the Federation, Abubakar Malami, had on January 19 filed an eight-ground notice of appeal against the court’s judgment, El-Zakzaky’s counsel, Femi Falana (SAN), had however, noted that the appeal had no effect on the enforcement of the court’s judgment.

Falana reacts

Arguing against the continued detention of El-Zakzaky in 2018, a human rights lawyer, Femi Falana challenged the  Vice President Yemi Osinbajo to stop what he termed the flagrant disobedience to court orders which has characterized the current administration.

He made the call while expressing disappointment at the refusal of the Attorney General of the Federation, AGF Abubakar Malami to obey court orders and release the leader of the Islamic Movement of Nigeria, Sheikh Ibraheem El-Zakzakky, among others.

In a letter entitled: ‘Request to end disobedience of court orders by all authorities and persons’,

 Falana said, “It is common knowledge that the AGF, Mr Abubakar Malami (SAN), has said that Col Sambo Dasuki (retd.); Sheik Ibraheem El-Zakzaky; and his wife, Hajia Zenab Elzakzaky, would not be released from custody in defiance of the valid and subsisting orders of municipal and regional courts.

Why we still hold him—Presidency

The Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, however explained that the President Muhammadu Buhari-led government refused to obey Justice Gabriel Kolawole’s order on the release of the leader of the Islamic Movement of Nigeria, Sheikh Ibraheem el-Zakzakky, because it appealed the ruling.

Adesina said this during an interview on Channels Television’s Sunrise Daily penultimate Tuesday.

The President’s spokesman said the Attorney-General of the Federation at the time, Abubakar Malami (SAN), may have had his reasons for doing so since the government had the right to appeal the bail.

He said: “I know that the immediate past AGF in whose purview it was to make pronouncements on that, addressed the issue.

“If bail is granted and another case subsists and there is an immediate filing of appeal, you have to wait till it is dispensed with. So, that is a legal matter which is outside my purview but as a layman, an unlearned man as lawyers would call us, we know that until all cases are dispensed with, you don’t say that it has been concluded.”

Adesina said the matter had since been taken before a court in Kaduna State and the bail hearing would come up next Monday. He, therefore, called on the Shiites to wait for the court to make its ruling.

Responding to allegations that the police ought not to have fired live bullets into the protesters on Monday, the President’s spokesman said the police deserved to be commended, adding that the death toll would have been much higher if the police did not show some restraint.

Adesina argued, “I tell you, despite what happened yesterday, if the police had responded with greater force, you know we would not be talking about what we are talking now.

“A deputy commissioner of police was killed. Yes, very sad! That is one life just like any other life. He did not deserve to die in service to the country but if the police had responded in similar fashion, you would have been talking of rivers of blood in Abuja now.

“I still believe there were some restraints yesterday despite what happened and personally I still commend the police for showing that restraint.”

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