Human rights lawyer Femi Falana, SAN, has said that the brand new fees reported by the Kaduna state authorities in opposition to the imprisoned chief of the Islamic Motion in Nigeria (IMN), Sheikh Ibraheem El-Zakzaky and his spouse Zeenat, don’t have any impact on regulation.
Falana, who can also be the top of the protection staff for the Shiite chief and his spouse, said in a launch acquired by SaharaReporters on Sunday that the brand new indictment is “the worst abuse of federal courtroom proceedings.”
The human rights legal professional mentioned that after the brand new fees had been served, the protection wouldn’t hesitate to file the “crucial movement for an instantaneous finish to the prosecutor’s farce.”
Falana mentioned: “It was reported within the media that the federal government of Kaduna State had introduced new fees of terrorism and treason in opposition to Mallam Ibrahim Elzakzaky and his spouse Mallama Zeenat Elzakzaky after the 8 circumstances of conspiracy and complicity in murder had been dismissed on Kaduna State Supreme Court docket.
“However, opposite to such stories, the brand new indictment was rushed to federal courtroom in Kaduna on Tuesday, July 26, in a determined try by the Kaduna state authorities to forestall the defendants from being launched from additional incarceration. In different phrases, the brand new indictment was maliciously filed because the Kaduna State authorities anticipated the July 28 ruling on our failure to current them would succeed.
“As quickly as the brand new indictment was introduced, the Federal Court docket of Justice’s bailiff was ordered to hurry to Kaduna Correctional Facility to offer the identical service to the defendants. Nonetheless, the defendants refused to obtain the fees and ordered the bailiff to have them served on them via their legal professional. However for causes finest recognized to the Kaduna State authorities, the fees weren’t served on the protection legal professional.
“Nonetheless, on July 28, the trial choose, the Honorable Decide Gideon Kurada, refused to be intimidated by the forces of oppression as a result of he confirmed extraordinary braveness and judicial independence. His lordship dismissed the 8 counts on the grounds that she was introduced underneath a regulation handed by the federal government of Kaduna State in 2017 for alleged crimes dedicated in 2015. Witnesses summoned by the prosecution confirmed the No. -Case submissions to the protection and dismiss the defendants.
“In blatant disregard for the epochal judgment of the Honorable Decide Gideon Kurada, the federal government of Kaduna state is attempting to deliver the defendants to justice underneath the 2011 Terrorism Prevention Act for crimes dedicated again in 2008. The federal government is not sure whether or not the defendants are being tried convicted of terrorism Expensive Justice Gideon Kurada.
“Indisputably, the brand new indictment represents the worst abuse of the Federal Supreme Court docket’s proceedings. As soon as the indictment is served on the protection, we is not going to hesitate to make the required movement for an instantaneous finish to the prosecutor’s farce.
“In view of the foregoing, we wish to state, with out worry of contradiction, that the Kaduna State Authorities’s bringing of the brand new fees of terrorism and treason has no impact on the legitimate and present order of Decide Gideon Kudura for the unconditional launch of the accused from the Kudura.” Detention.
“Likewise, the Kaduna State authorities’s submitting of the proposed enchantment doesn’t represent a suspension of the lawsuit relating to the order to launch the defendants. Due to this fact, as regulation abiding residents, the defendants are free to proceed to breathe the air of freedom. Nonetheless, because the new indictment has not achieved its oppressive purpose of thwarting the couple’s launch from additional detention, we urge the Kaduna state authorities to cease them instantly. ”
SaharaReporters reported on Friday that the federal government of Kaduna state had introduced new fees in opposition to IMN chief El-Zakzaky after his acquittal and dismissal in a state courtroom.
It was reported that state authorities legal professional Dari Bayero mentioned the brand new fees in opposition to the Shiite chief underneath the Treason and Treason Act had been introduced in federal courtroom.
He had additionally introduced that the Nasir El-Rufai-led authorities of Kaduna State would enchantment the case.
The clergyman and his spouse Zeenat had been illegally detained since December 2015, earlier than final week’s courtroom ruling ordered their rapid launch.