Not interested in releasing El-Zakzaky, wife, Nigerian government appeals court judgement

Sheikh Ibrahim El-Zakzaky

The Nigerian government has approached the Appeal Court to challenge a High Court ruling that mandated the release of the leader of the Shiite Islamic Movement of Nigeria, IMN, Ibrahim El-Zakzaky.

Mr. El-Zakzaky was arrested in December 2015, by soldiers, following a clash between the Shiite movement and the army over right of way. Over 300 IMN members were killed by the soldiers. Various human rights groups, including Amnesty International and Human Rights Watch have condemned the killings.

A year later, on December 2, 2016, an Abuja Division of the Federal High Court ordered the release of Mr. El-Zakzaky and his wife who have been held without trial for over a year. The court also ordered that accommodation be provided for them and that the government pays them N50 million as compensation for violating their rights. These were to be done within 45 days from the day of the ruling.

However, the Nigerian Government is yet to comply with the order, almost three months after it was issued.

The confirmation of the government’s appeal was made by Mr. El-Zakzaky’s lawyer, Femi Falana, in an open letter sent to the Attorney General of the Federation, Abubakar Malami.

Mr. Falana, a Senior Advocate of Nigeria, said the appeal by the government does not amount to a stay of execution of the ruling. He said by asking the high court to suspend its ruling, the federal government was still violating the direct order of the court.

“Although the deadline expired on January 16, 2017 the State Security Service has refused to release our clients from custody in utter contempt of the valid and subsisting order of the Federal High Court. The Federal Government has equally refused to comply with the other terms of the judgment,” the lawyer said.

“However, we are not unaware that your office has filed an appeal against the said judgment at the Court of Appeal. But since the filing of the appeal has not varied or suspended the orders of the learned trial judge you are duty bound to advise the Federal Government to comply with the clear and unambiguous terms of the judgment.

“In view of the avowed commitment of the Buhari administration to operate under the rule of law we urge you to use your good offices to ensure that our clients are released from illegal incarceration without any further delay. However, if our request is not granted forthwith we shall not hesitate to pray the Court of Appeal to refuse to entertain the appeal filed by your office against the judgment of the Federal High Court until the Federal Government has purged of the contempt of the Federal High Court,” Mr. Falana said.

Efforts to reach Mr. Malami’s spokesperson, Salihu Isah, were unsuccessful as Mr. Isah neither picked nor returned his calls. He also did not respond to a text message confirming the appeal.


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  • Globa Skolar

    Premium Times Editor,

    President Trump and the mad Muslims

    As far as clarity is concerned on the murderous threat mad Muslims
    pose to the rest of humanity, President Donald Trump of America is one of the
    two thinking presidents in the world today. The other thinking one is President
    Vladmir Putin of Russia.

    Muslims go all over the world like wild beasts to serve political
    demands on non-Muslim countries’ niches, but never once permit churches
    to be built in Saudi Arabia where conversion to Christianity may be punishable
    by beheading. Because Muslims don’t show much ability to think proportionally
    that responsibility means reciprocal obligations they become a global threat to
    Hindus, Christians, Judaists, Buddhists and Zoroastrians.

    Muslims fan out to threaten indigenous religionists with beheading too –
    as they build a wall around their middle-eastern Arab countries where they
    condone no such liberty to non-Muslims .Just as in northern Nigeria today,
    where churches are hardly granted building permits inside the city centre.

    • Globa Skolar

      ……….(2) President Trump and the mad Muslims

      At the refugee camps;
      and at the borders of Europe, there’s now a thong of one and a half million
      Muslims looking for a Christian country to live in. Why not just divide them up
      equally and send them in three batches of 500,000 each to Canada, Germany
      and Britain – the three quaint countries which reject America’s own foreign policy
      assessment that Islamist terrorists are the greatest threat to world peace? The
      NATO military alliance afterall does not operate in circumstances where there’s
      no agreement on threat risks. Collective defence implies common agreement
      on risk assessment.

      Suicide, therefore, does not qualify for collective defence under the NATO
      agreement. A European country earnestly yearning for Muslims should be
      saturated with thousands of asylum-seeking Muslims from the Middle-East.
      A terrorist attack ensuing in such suicidal European country should not concern
      America or legally warrant collective defence troops from another NATO country
      until there’s substantial agreement that today’s Islamism is not a religion but an
      imperialist political ideology at the same murderous level as Hitler’s Nazism.

      • ‘ladilak’

        ISLAM IS A THREAT TO CIVILIZATION. IT MUST BE MILITARILY CONFRONTED AND DEFEATED.

        THE WORLD MUST STOP CONCEDING HIJAB AND NIQAB TO THESE UNREASONABLE MUSLIMS.

        • Suleiman Alatise

          Have you forgotten or simply ignorant, your forefathers, the crusaders tried and failed, they failed woefully, because the light of Allah must shine, no matter what the enemies do.

  • AFRICANER

    Mr. Falana,

    Most of your mates in advanced countries would make a more forceful case against the Nigerian government, after almost 2 years in unlawful detention, with almost a thousand followers killed extra-judiciously, you should be engaging in a hunger strike, or making your case in the international community, and YOU SHOULD TAKE YOUR CASE TO LONDON WHERE BUHARI IS HIDING! They should throw him out of there for killing so many people, and disobeying court order to release this man and his wife.

    • Deera

      @187665873247990:disqus

      Buhari already has a case of genocide on 300 + Shiites in the International Court at The Hague.

      Indictments are expected to be presented for approval and issuance by June this year for arrest.

      • Beereffffff

        @187665873247990:disqus

        Guys, let’s not limit this thing to Muhamadu Buhari. He has his own problems,
        but let’s see the broad picture. The real big problem with Nigeria is ISLAM.
        Muslims are the ones going round killing people. Have you heard of any
        time in Sokoto or Kano where Christians there do that sort of thing? No!

        Only Muslims kill. They will come to southern Nigeria and be asking
        for mosque in any housing estate and in any street. In Sokoto or in
        Kano these same Muslims will say no Christian has the same right
        to land for church. Muslims are backward and primitive people.
        When they come to America you’ll hear them ask for freedom
        of religion that they deny to Americans coming to Arab
        countries. Islam is a most toxic poison on democracy.

        • 123maina_76

          Study Islam dispassionately before judging a Muslim. From all indications, you are a Christian but do not practice Christianity. Judging a Muslim or a Christian by their attitudes is misleading. Not all Muslims or Christians are upright. Study Islam Christianity extensively and dispassionately, you will reverse your unguided, skewed, ignorant and highly emotive stands on Islam. God bless you.

          • Gabriel Olasebikan

            Not all Muslims are evil,not all Islamists are Mohammedans,but all chant “Allahu Akbar”.

          • Man O’ Peace

            @123maina_76:disqus

            We can kill quite a few and ask questions later. No Muslim should be taken at his word.

            Anyone that can strap himself with explosives to kill innocent people is insane and thus

            may be shot at sight. Look, imagine a world where the entire middle-east is bombed out

            with no survivor, followed by bombing out northern Mali and northern Nigeria completely.

            What a beautiful world we will have without Arab and Tuareg Muslims and Fulani Jihadists.

        • muazu wali

          Your fear of Islam and muslim is is unbelievable and most unfortunate!

      • Ibukun Olawale

        My own problem is with the
        disgraceful ignorance Islam implies in Nigeria. We have seen a Muslim governor
        of Central Bank of Nigeria who could not do basic arithmetic. We have seen a Muslim
        head of state in Nigeria who told the world press in Germany that he does not
        recognize the United Nations Convention on equality of humanity – which Nigeria
        signed and ratified decades ago – because his own wife’s place, he said, is in
        the kitchen and ‘the other room’. Islam is illiteracy by another name.

    • muazu wali

      They are civilised there than you are.

      • AFRICANER

        That’s where you engage in laughable fallacy! Civilized nations are of laws not men; it doesn’t matter how crude I am, or how lettered you are, muazu, if the law demands justice and accountability from a genocide suspect, then so shall it be; they will not worship Buhari as you are apparently doing.

  • muhammadunfagge

    So you reporters need news items, especially the devil type, that’s why you need his release! Ok, Kwantiniyo. We are by the side of the government. Why whould you pester the government on a terrorist?

    • ABUBAKAR AUWAL

      I am sure you are a Salafi sponsored by Saudi Arabia which makes you a Boko Haram symphasizer and the real terrorist. Wait for the judgement of Allah on you soon. It is starting with your leaders including Mr President who was pushed by the Saudi terrorists in the first place.

      • muazu wali

        I can sense inferiority complex in you otherwise what role has Saudi Arabia has with our affairs. Are you implying that Nigerians are incapable of voting an appropriate person for the office of President?

        • AFRICANER

          He is right, and you know it!

          • muazu wali

            What should I know? You tell me.

          • AFRICANER

            Now, it’s semantics we’re fighting?

            First of all, I resolved a long time ago not to engage anyone who downplays the immensity of this crime against the Shia, committed by Buhari and El Rufai in kaduna.

            I notice that you are presenting yourself somewhat gently, I warn you, any move to make light of the alacrity of this religious genocide, will be met with unreasonable and excessive condemnation!

          • muazu wali

            That’s your problem. An administration cannot treat security threats lightly either! Remember Guantana Bay where the US kept combatants without trial for more than ten years? The Shias fall into this category. Military rules apply here not civil courts. You can appeal to the Supreme Court and the Apex court may agree with the high court. Government will still keep them in its custody.

          • AFRICANER

            Nigeria has a written Constitution, I strongly suggest that you brush up on it, along with UN human rights conventions that Nigeria is signatory to, it will show the difference in a citizen’s rights as opposed to enemy combatants issue in the USA.

            You wrote out of ignorance, and such errors are forgivable as you are a layman. But now, you have been admonished by me, you no longer have that excuse. Keep your mouth shut!

          • muazu wali

            You may not be aware of this but very often state interest takes precedence.

  • TAWANDA INCOMMUNICADO

    Lawless regime of Daura mallams.

    • muazu wali

      Its better to say lawless Nigerians. Anyone or group found to constitute himself or itsself into a security threat will be arrested and detained indefinitely and incommunicado.

      • TAWANDA INCOMMUNICADO

        NO LAW IN NIGERIA PERMITS INDEFINITE DETENTION OR INCOMMUNICADO DETENTIONS HENCE THE COURTS OF LAW ARE EDUCATING THE ILLITERATE REGIME

        • muazu wali

          You read too much book. When the state is involved and the security of the state is at stake to hell with the laws. How many times has Israel ignored UN resolutions against her? Who said anything to the US when the so called combatants were detained at Guantana Bay. As the saying goes the “Law is an Ass”. Why do countries engage in wars when they can settle disputes in courts”! Apply your courts we shall continue to use our commonsense.

  • tsunami1earthquake

    Look, Ibrahim El-Zakzaky is dead! That is the reason for government’s ‘foot-dragging’ and resort to the courts in this situation. The matter is really a problem for government, leaving it in a quandary.