Hearing in a fundamental rights application suit filed by rights activist, Femi Falana (SAN) on behalf of detained leader of the Islamic Movement in Nigeria, Sheik Ibraheem El-Zakzaky, has been fixed for June 14, 2016.
The suit, which was filed last month at the Federal High Court in Abuja by Mr. Falana, was adjourned by Justice Gabriel Kolawole after the lawyer asked for more time for the respondents, who were absent in court, to respond to the suit.
Mr. El-Zakzaky was arrested and detained by the authorities following a confrontation between his followers and soldiers, which resulted in hundreds of deaths and destruction of properties in Zaria, Kaduna State between December 12 and 14, 2015.
The lawyer to the IMN, Festus Okoye, last month told a judicial panel of inquiry set up by the Kaduna State Government to look into the clash that the Islamic scholar was blind in one eye and has lost function of his left hand as a result of the brutalization he suffered in the hands of soldiers during the clash.
Subsequently, Falana prayed the court to give an order directing the authorities to immediately release El-Zakzaky from custody.
He also wants the court to award the sum of N2 billion against the Nigerian Army, the Chief of Army Staff, the Department of State Services (DSS),the Inspector General of Police, and the Attorney General of the Federation (AGF).
According to the Senior Advocate of Nigeria, the arrest and continued detention of Mr. El-Zakzaky from 14th day of December, 2015 till date without being charged before a properly constituted court of law is illegal and unconstitutional.
He further told the court that the prolonged detention violates his client’s fundamental human rights to fair hearing as enshrined in section 36 (5) of the constitution of the Federal Republic of Nigeria, 1999.
“The arrest of the leader of the movement without access to his medical doctor is unconstitutional as it violates his fundamental rights to personal liberty and health as enshrined in Section 35 of the constitution of Federal Republic of Nigeria, (as amended) and Articles 6 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the federation of Nigeria, 2004”.
