Just In: Falana Writes Malami, Begs For El-Zakzaky's Release - AMEBO ONLINE NEWSPAPER

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Just In: Falana Writes Malami, Begs For El-Zakzaky's Release

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Femi Falana, a senior advocate of Nigeria, (SAN), and a lawyer to Ibrahim El-Zakzaky, leader of the Islamic Movement in Nigeria (IMN), has on Thursday asked the Attorney-general of the federation and minister of justice, Abubakar Malami to use his humble office to release El-Zakzaky and his wife.

Disclosing this in a letter he wrote to Malami on December, 2, 2020, Falana said that the request was made in line with the pledge of President Muhammadu Buhari to respect the rule of law.

Recall that Buhari had in his New Year message to Nigerians promised to respect the rule of law and create enabling environment and security for the growth and development of the country.

With this new promise, Falana quickly asked Malami to use his power to secure the release of  El-Zakzaky, the  same way the convener of #RevolutionNow Protest, Omoyele Sowore and Dasuki were released last week.

His words, according to Thecable, “In view of the recent decision of the federal government to comply with all court orders we have the instructions of our clients to request you to ensure compliance with the valid and subsisting orders of the federal high court and Kaduna state high court concerning them which are set out hereunder.

“On December 2, 2016, the federal high court presided over by the Honourable Justice G. O. Kolawole (now of the Court of Appeal) declared illegal and unconstitutional the arrest and detention of Sheikh Ibraheem El-Zakzaky and his wife, Hajia Zeinat El-Zakzaky by armed soldiers.

“Consequently, the Court awarded them N50 million damages for their illegal detention,  ordered the state security service to release them from custody forthwith and provide them with a house since the Nigerian Army had burnt down and demolished their house in Zaria, Kaduna State.

“Without any legal basis whatsoever the federal government refused to comply with the aforesaid court orders. Curiously, the contemptuous acts of the federal government were publicly defended by your good self and some other high ranking officials of the Buhari administration.”

Continuing Falana wrote: “Following the release of Mr. Omoyele Sowore and Col. Sambo Dasuki (retd) from illegal custody last week you were reported to have said that our clients could only be released by the  Kaduna State government.

“With respect, your position has failed to take cognisance of the fact that  your office, the Presidency and the state security service had, up till last month, repeatedly given contradictory reasons to justify the disobedience of the aforesaid court orders for the release of our clients.

“In view of the foregoing, we urge you to use your good offices to review your position and ensure the immediate and unconditional compliance with the valid and subsisting orders of the federal high court and the Kaduna State High Court concerning our clients. This request is in line with the new policy of the Buhari administration to operate under the Rule of Law.”

Why El-Zakzaky was arrested along with his wife

El-Zakzaky and his wife were arrested after the December 12, 2015 bloody clash between Shi’ites and soldiers in the entourage of the Chief of Army Staff, Lt. Gen. Tukur Buratai, in Zaria, Kaduna State.

In one of the eight counts was the four defendants were said to have on December 12, 2015, “abetted the commission of the offence of culpable homicide punishable” by members of the IMN who allegedly shot to death one Corporal Yakuku Dankaduna, who was in the convoy of the Chief of Army Staff.

The offence was said to be contrary to Section 47 and punishable with death under Section 190 of the Penal Code Law of Kaduna State 2017.

Other counts included alleged acts of abetting the unlawful assembly of members of the IMN, the inciting of disturbance by encouraging the members of the sect to block Sokoto Road, Sabon Gari, Zaria and other major roads within the environs; and the wrongful restraint of the Chief of Army’s convoy and other members of the public by instigating the members of the sect.

They were also accused of promoting an unlawful assembly “by encouraging people to join the Islamic Movement in Nigeria which is not a registered organisation” and abetting the commission of the offence of voluntarily causing grievous hurt without provocation by encouraging the members of the Islamic Movement in Nigeria to block the various roads in Zaria.

They were also accused of abetting “the commission of the offence of inciting disturbance by encouraging the members of the Islamic Movement in Nigeria to block Sokoto Road, Sabon Gari, Zaria and other major roads within the environs and wrongfully restrained the convoy of the Chief of Army Staff and the general public from gaining access thereto while armed with dangerous weapons.”

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