Following the withdrawal of the petition against the Nigerian Army,
the counsel to detained leader of the Islamic Movement of Nigeria, IMN,
on Wednesday made a fresh demand for his release on health grounds.
Femi Falana, a Senior Advocate of Nigeria, asked President Muhammadu
Buhari to release Ibraheem El-zakzaky, the IMN leader, and his wife,
Zainab El-zakzaky, as they both need urgent medical attention.
“Sheik El-zakzaky already lost his left eye and he is on the verge
of losing the right eye sequel to the brutal treatment meted out to him
by the armed soldiers and the State Security Service has denied him
foreign medical treatment recommended by the local specialists who had
attended to him. Even the alternative arrangement put in place by the
family of the Sheik to bring eye specialists from abroad to treat him in
custody has equally been rejected without any legal justification”, Mr.
Falana said in a letter to Mr. Buhari titled ‘Fresh request for the
release of Sheik Ibraheem Elzakzaky and Hajia Zainab Elzakzaky.’
Mr. Falana said though Mr. El-zakzaky’s health is deteriorating and his wife’s condition is far worse.
“It may interest Your Excellency to know that the medical condition
of Mrs Zainab El-zakzaky is by far worse than that of her husband. For
reasons best known to the State Security Service, some of the bullets
lodged in her body during the brutal attack of December 14, 2015, have
not been extracted up till now. In the circumstances, she has been
subjected to excruciating pain and agony, on a daily basis. Her life
which is currently in danger may be saved and prolonged if she is
allowed to receive adequate medical attention without any further
delay,” Mr. Falana said.
The radical lawyer said the Abuja Judicial Division of the Federal
High Court had on December 2, 2016 ordered the release of the couple
from the illegal custody of the State Security Service, SSS. The court
also awarded them N50 million and directed the federal government to
provide them a temporary accommodation.
He said he was compelled to ask President Buhari to consider ordering
the release of the couple since the federal government is not prepared
to direct the SSS to comply with the court order.
Mr. Falana also pointed out the fact that the Judicial Commission of
Enquiry which was set up by the Kaduna State government to investigate
the remote and immediate causes of the violent attack unleashed on the
Shiites in December 2015 did not recommend the indefinite incarceration
or prosecution of Mr. El-zakzaky and his wife for any criminal offence
whatsoever.
“Therefore, they should be allowed to regain their fundamental right
to personal liberty guaranteed by Section 35 of the Constitution and
Article 6 of the African Charter on Human and People Rights
(Ratification and Enforcement) Act (CAP A10) Laws of the Federation of
Nigeria, 2004,” he argued.
Mr. Falana, therefore, urged Mr. Buhari to release the couple and allow them to travel abroad for medical attention.
Mr. El-Zakzaky’s detention followed an attack on his followers by
troops of the Nigerian Army in Zaria Kaduna State, leading to the death
of over 300 IMN members. The army accused the Shiites of blocking a
road to be used by the army chief, Tukur Buratai.
The couple are in detention in spite of a court order ordering their
release. The government, however, said they are kept in protective
custody “for their own safety.”