El-Zakzaky N2bn suit: Court fixes July 6 for judgment

A Federal High Court sitting in Kaduna on Friday fixed July, 6,
2017 for judgement on the N2bn suit filed by the leader of the
Islamic Movement in Nigeria, IMN, Sheikh Ibraheem El-Zakzaky
against the Nigerian Army, the Attorney General of the Federation
and Kaduna State Government.

El-Zakzaky had dragged the Nigerian Army, Chief of Army Staff,
Lt. General Yusuf Buratai, Attorney General of the Federation, AGG,
and the Kaduna State government before the Federal High over the
alleged killings, including his three children and destruction of
his house.

It would be recalled that the Federal High Court in Abuja, under
Justice Gabriel Kolawole had earlier delivered judgment on the
infringement of the fundamental rights and unlawful detention of
El-Zakzaky and his wife.

He equally ordered for their release within 45 days, provision
of befitting accommodation and the payment of damages to the tune
of N25 million to each of them.

When the case came up for hearing in Kaduna Friday, the Federal
High Court Judge, Justice Saleh Musa Shuaibu, said, “I have the
written addresses of both the applicants and respondents in this
case before me, and I have also gone through the judgment of my
learned brother in Abuja, Justice Kolawole which deals with the
unlawful detention and fundamental human rights of El-Zakzaky and
his wife.

“I will concern myself with the issue of alleged destruction of
the houses and properties of the applicant by the Army and the
killings of his children which were brought before me. And all
these have been covered by the written addresses, exhibits and
affidavits of counsels and which I have gone through.”

Earlier, the Counsel to the Applicant, Mr. Festus Okoye while
addressing the court, said that despite the fact that Justice
Kolawole ordered for the release of Zakzaky and the wife, the third
respondent, Directorate of Security Service, DSS, had remained
adamant to the judgment.

“I wish to refer the court to the judgment of justice Kolawole.
He said that the applicant must be provided with a house, for
himself and his wife.

“What Justice Kolawole said was that they should be given a
temporary accommodation with damages of 25 million naira to each of
them. If my Lord looks at relief 5, your Learned brother, Justice
Kolawole did this in page 51, to talk about accommodation to be
provided,” Okoye added.

Okoye who said that the applicant had been rendered homeless
unjustly while his children were killed by soldiers, told the
court, “On the whole, we urged my lordship to grant all the reliefs
sought and for the court to take judicial notice of the fact that
the third respondent (DSS) is still in contempt in releasing the
applicant and his wife, thereby giving approval to what the first
and second respondent did.”

Meanwhile, in his submission, lawyer to the Army and Chief of
Army Staff, Mr. Biola Oyebanji while urging the court to dismiss
the submission of Okoye, said, “The essence of this is to do
justice primarily in this case.

“It is the effort and action of the first and second respondents
that uphold peace in this country and we were all eye witnesses to
the terrifying situations that the entire nation went through doing
the unrest.”

A Federal High Court sitting in Kaduna on Friday fixed July, 6,
2017 for judgement on the N2bn suit filed by the leader of the
Islamic Movement in Nigeria, IMN, Sheikh Ibraheem El-Zakzaky
against the Nigerian Army, the Attorney General of the Federation
and Kaduna State Government.

El-Zakzaky had dragged the Nigerian Army, Chief of Army Staff,
Lt. General Yusuf Buratai, Attorney General of the Federation, AGG,
and the Kaduna State government before the Federal High over the
alleged killings, including his three children and destruction of
his house.

It would be recalled that the Federal High Court in Abuja, under
Justice Gabriel Kolawole had earlier delivered judgment on the
infringement of the fundamental rights and unlawful detention of
El-Zakzaky and his wife.

He equally ordered for their release within 45 days, provision
of befitting accommodation and the payment of damages to the tune
of N25 million to each of them.

When the case came up for hearing in Kaduna Friday, the Federal
High Court Judge, Justice Saleh Musa Shuaibu, said, “I have the
written addresses of both the applicants and respondents in this
case before me, and I have also gone through the judgment of my
learned brother in Abuja, Justice Kolawole which deals with the
unlawful detention and fundamental human rights of El-Zakzaky and
his wife.

“I will concern myself with the issue of alleged destruction of
the houses and properties of the applicant by the Army and the
killings of his children which were brought before me. And all
these have been covered by the written addresses, exhibits and
affidavits of counsels and which I have gone through.”

Earlier, the Counsel to the Applicant, Mr. Festus Okoye while
addressing the court, said that despite the fact that Justice
Kolawole ordered for the release of Zakzaky and the wife, the third
respondent, Directorate of Security Service, DSS, had remained
adamant to the judgment.

“I wish to refer the court to the judgment of justice Kolawole.
He said that the applicant must be provided with a house, for
himself and his wife.

“What Justice Kolawole said was that they should be given a
temporary accommodation with damages of 25 million naira to each of
them. If my Lord looks at relief 5, your Learned brother, Justice
Kolawole did this in page 51, to talk about accommodation to be
provided,” Okoye added.

Okoye who said that the applicant had been rendered homeless
unjustly while his children were killed by soldiers, told the
court, “On the whole, we urged my lordship to grant all the reliefs
sought and for the court to take judicial notice of the fact that
the third respondent (DSS) is still in contempt in releasing the
applicant and his wife, thereby giving approval to what the first
and second respondent did.”

Meanwhile, in his submission, lawyer to the Army and Chief of
Army Staff, Mr. Biola Oyebanji while urging the court to dismiss
the submission of Okoye, said, “The essence of this is to do
justice primarily in this case.

“It is the effort and action of the first and second respondents
that uphold peace in this country and we were all eye witnesses to
the terrifying situations that the entire nation went through doing
the unrest.”