El Zakzaky: Government Preparing Fresh Insurgency, Falana Warns

* Demands release of detained cleric on health
grounds

Activist lawyer Femi Falana (SAN) has warned that the federal
government was preparing a fresh insurgency of the Boko Haram type
with its handling of the Shiite leader Sheik Ibraheem El Zakzaky
issue.

He warned that the continuous detention of Elzakzaky and killing
of peaceful Shiite protesters by security forces could lead the
country into another bloody insurgency war that it could not
afford.

“This nation cannot afford another war of insurgency which is
being provoked by the contemptuous conduct of the federal
government in the handling of the case of the Elzakzakys,” Falana
said.

Chronicling the arrest and detention of Elzakzaky and his wife
Malama Zeinab on December 12, Falana said over 1,000 Shiites were
reportedly massacred by soldiers on the orders of the Nigerian Army
high command and given mass burial in an unmarked grave in Mango
village, Kaduna State over allegations of attempt to assassinate
Chief of Army Staff (COAS) Lt.-Gen. Tukur Buratai.

“Without any autopsy or identification, the slaughtered Shiites
were given a mass burial in an unmarked grave in Mango village in
Kaduna State.

“Even though the leader of the Shiites, Sheik Ibraheem Elzakzaky
was not at the scene of the attack his residence was invaded by the
rampaging troops two days later. The troops set the house ablaze,
shot at Elzakzaky and his wife, Malama Zeinab Elzakzaky and killed
three of their sons in cold blood in their presence.

“As if such barbaric assault was not enough the army arrested
and held Elzakzaky and his wife in custody before handing them over
to the State Security Service (DSS). At that stage, the houses of
Elzakzaky and other leaders in Zaria were demolished by the Kaduna
State Government on the orders of Governor Nasir El Rufai,” he
noted.

Continuing, Falana said the state government constituted a
judicial commission of enquiry after the massacre and the
commission at the end of its assignment established there was no
plan by the Shiites to assassinate General Buratai.

He said the findings of the commission revealed that 347 Shiites
were massacred by the army in violations of the Army Rules of
Engagement and the Geneva Conventions and called for the
prosecution of those involved in the killings.

Falana said: “The detained Elzakzaky was prevented from
responding to the allegations made against him and his group at the
enquiry. But the judicial commission found that there was no plan
by the Shiites to assassinate General Buratai.

“It was also revealed at the panel that 347 Shiites were
massacred by the army in violations of the Army Rules of Engagement
and the Geneva Conventions. Apart from condemning the brutal
massacre of the Shiites, the judicial commission recommended that
the culprits be prosecuted.

“Instead of implementing the recommendation by prosecuting the
well-known murderers, the Kaduna State Government turned round to
charge over 300 Shiites with the culpable homicide of a soldier who
was killed by his colleagues during the attack.

“But the defence team convinced the Kaduna State High Court to
free the Shiites as they were not involved in the commission of the
offence. Accordingly, the charge was dismissed for want of evidence
while the trial court proceeded to discharge and acquit all the
defendants.

“Meanwhile, the suit challenging the illegal detention of
Elzakzaky and his wife was decided in their favour by the Federal
High Court on December 2, 2016. The Presiding Judge, Kolawole J.
(as he then was) directed the federal government to release the
couple from unlawful custody, pay them N50 million reparation and
provide them with a temporary house since the army had burnt down
their personal residence. “But the Buhari regime has
characteristically treated the court orders with arrogant contempt.
Curiously, the Court of Appeal has refused to hear the application
to commit the Director-General of the State Security Service for
contempt of court.

“Upon our legal advise the Shiites approached three separate
High Courts to challenge the violation of their right to assemble
and protest peacefully. The Shiites won the cases against the
federal government as the courts upheld their fundamental rights to
freedom of expression, association and assembly.

“But out of sheer impunity, the army has killed about 50 Shiites
at Abuja for protesting against the continued detention of
Elzakzaky and his wife. As the federal government could no longer
justify the illegal detention of Elzakzaky and his wife it directed
the Kaduna State Government to file a charge against them.

“Hence, they have been charged with culpable homicide at the
Kaduna State High Court for the death of the same soldier.

“Pending the trial, the team of local and international
physicians who examined Elzakzaky and his wife on the orders of the
trial court confirmed that their health has deteriorated and
recommended that they be allowed to travel abroad for urgent
medical treatment.

“In particular, Elzakzaky has lost an eye while he is the
process of losing the other one. The wife can no longer walk as a
result of the gun wounds inflicted on her during the military
attack of December 2015. “Without adducing any reason whatsoever
the federal government has ignored the recommendation of the
physicians. The Shiites are currently protesting the refusal of the
Buhari regime to release Elzakzaky and his wife from custody to
enable them travel abroad to receive urgent medical treatment at
their own expense.

“Elzakzaky must not be allowed to die due to medical neglect as
it may provoke a crisis of monumental proportions. Therefore, the
federal government should implement the unanimous resolution of the
House of Representatives for the release of Elzakzaky and his wife
without any further delay,” said Falana.

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