Ade Adesomoju, Abuja
Human rights lawyer, Mr. Femi Falana (SAN) has written President Muhammadu Buhari, over the continued detention of the leader of the Islamic Movement of Nigeria also known as the Shi’ites, Ibraheem Elzakzaky and his wife, Hajia Ibraheem-Elzakzaky.
Falana’s letter to the President was dated Wednesday, April 26, 2017.
He threatened that should the President fail to ensure the release of the couple, he would institute a contempt suit against the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), and the Director-General of the Department of State Service, Mr. Lawal Daura, for disobeying the court judgment which ordered the couple’s release.
He stated that the couple’s continued detention was in violation of the judgment of Justice Gabriel Kolawole of the Federal High Court, Abuja delivered on December 2, 2016.
He reiterated that the Federal High Court had in the judgment declared the detention of his clients illegal and unconstitutional and ordered their release from the custody of the DSS within 45 days from the date of the judgment.
He added that if those indicted by the Kaduna State Judicial Commission of Enquiry were prosecuted, he would have no other choice than to approach the International Criminal Court to seek the trial of soldiers fingered in the murder of 347 members of the Shia Community at Zaria during a bloody clash with soldiers in the convoy of the Chief of Army Staff, Lt.-Gen. Tukur Buratai in December 2015.
He anchored his letter on the promise by President Buhari to end impunity, a vice which he said his client was currently suffering from.
Falana said while the DSS continued to illegally hold El-Zakzaky and his wife in custody, the Army authorities had refused to fish out and prosecute the soldiers who were allegedly responsible for the murder of 347 Shi’ites, and tha the police were “violently” disrupting the peaceful rallies of the group.
The letter read in part, “In Your Excellency’s New Year Message delivered to the Nigerian people on January 1, 2017 you said inter alia:
“As for our brothers and sisters of the Shia Community, we urge them too, to embrace peace.
“They must accept the laws of the country they live in. They cannot be island by themselves. At the same time, the law enforcement agencies must treat them humanely and according to the rule of law.”
“But contrary to your Excellency’s admonition, the law enforcement agencies have refused to treat members of the Shia community ‘humanely and according to the rule of law’.
“In particular, the State Security Service has refused to comply with the order of the Federal High Court to the effect that Sheikh Elzakzaky and his wife be released from further detention.
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