Buhari’s Govt In Dilemma As Court Orders Immediate Release Of Shi’a leader, El-Zakzaky

A Federal High Court in Abuja on Friday threw the Government of President Muhammadu Buhari into a dilemma as it ordered the release of the leader of the Shi’a Islamic Movement in Nigeria, IMN, Ibrahim El-Zakzaky.

With the decision the Federal Government, whose body language points to a calculated long incarceration of the Shiitte leader without trial, is now confronted with only one decision – to respect or disregard the order of a court of competent jurisdiction, partaining to the continued detention of El-Zakzaky.

Mr. El-Zakzaky was arrested by the Nigerian military on December 14, 2015, after a clash between the movement and soldiers of the Nigerian army. The soldiers allegedly killed at least 347 Shiittes.

The Shiitte leader had been held for without being charged to Court. So he approached the court to enforce his fundamental human rights enschrined in the 1999 Constitution.

He asked the Court, through his lawyer, Mr. Femi Falana, to declare that his arrest and continued detention unlawful and a violation of his fundamental rights.

Delivering the judgement, Justice Gabriel Kolawole, tossed away the submission of the counsel to the State Security Service, Tijjani Gazali, that Mr. El-Zakzaky was kept in protective custody of the SSS.

The learned judge held that to hold the Islamic cleric and his wife for their safety was not grounded in law.

“I have not been shown any incident report or any complaint lodged by residents around the neighbourhood that the applicant has become a nuisance to his neigbourhood,” said the judge.

Justice Kolawole was of the view that holding the applicant for so long amounted to great danger.

Refering to the death of former leader of the Boko Haram leader, Mohammed Yusuf, the judge said; “If the applicant dies in custody which I do not pray for, it could result in many needless deaths”.

Justice ordered the government to within 45 days release the applicant and his family to the police, and that they shall within 24 hours take them, guarded by escort, to a safe place.

He also ordered the SSS to pay a fine of N25 million each to Mr. El-Zakzaky and his wife.

It now remains to be seen if the government of President Buhari, which has not being respecting court orders, will obey the decision.