A Kaduna state High Court on Wednesday discharged and acquitted leader of the Islamic Movement in Nigeria (IMN) otherwise known as Shi’ites, Sheikh Ibraheem El-Zakzaky and his wife, Zeenat over a case of homicide.
The IMN leader and his wife were charged to court over allegations of culpable homicide, unlawful assembly, among other criminal charges since December 2018, following a clash between his followers and the convoy of the then Chief of Army Staff, Lt-Gen.Tukur Yusuf Buratai in Zaria in December 2015.
Following court proceedings and after the prosecution and defendants counsels have addressed the court on the no-case submission prayer, Justice Gideon Kurada had fixed Wednesday July 28 for ruling on the no-case submission filed by Zakzaky and his Wife.
In his ruling in the secret trial, Justice Gideon Kurada, was said to have upheld the no-case submission of the defendant.
The court found that the charges that were filed in the year 2018 pursuant to a Penal law enacted by the Kaduna state government in 2017 over offenses allegedly committed in 2015 is ab-initio.
According to the counsel to Zakzaky, Marshal Abubakar the court upheld their no-case submission and agreed that the case lacks merit.
“The trial of Sheikh Ibraheem Zakzaky and his wife, Malama Zeenat Ibraheem has come to an end today. The court has upheld our no-case submission.
“The court found that the charges that were filed in the year 2018 pursuant to a Penal law enacted by the Kaduna state government in 2017 over offenses allegedly committed in 2015 is ab-initio. The court ruled that the charge ought not to be in the first place. Because you cannot arraign a man for an offence that was already committed as at the time the said crime was not an offence. And the court was very emphatic on that.
“The Kaduna State government has powers to enact laws, but they cannot enact law to prosecute an offence prospectively. That is the first ground on which the court held that that charge was incompetent. On the no case submission we filed in court. The court agreed with us that the trial lacked merits. That the prosecution only came to court to tell stories that are at cross variance with the offences that were alleged in the charges.
“The court agreed with us that, El-Zakzaky and his wife have committed no offence. The Court however discharged and acquitted El-Zakzaky and his wife. It said there should not have been any charge against El-Zakzaky and his wife, Zeenat in the first place,” he said.
As the IMN leader was whisked out of the court alongside his Lead Counsel, Femi Falana (SAN) after the judgement that lasted for close to eight hours. El-Zakzaky and his wife could not be accessed for interview by journalists.
But the IMN in a statement reacting to the judgement said the ruling has proven that the Islamic Movement and its leader, are only victims of ‘impunity and mischievous plots’ by both federal and Kaduna state governments.
“We give praises to the Almighty for yet another successful outing, which further proves to the world that the Islamic Movement and its leader, are only victims of impunity and mischievous plots by both the Buhari-led Federal Government and the El-Rufai-led Kaduna state government. Since both governments have again failed in court after a fair trial,” IMN Media Forum President, Ibrahim Musa said.
“We expect them to respect the judgement of this honourable court and the course of justice to release them with immediate effect,” the IMN spokesman added.
