Femi Falana, a human rights lawyer, has penned a letter to the Attorney-General of the Federation and Justice Minister, Abubakar Malami, regarding the detention of Shiites leader, El-Zakzaky, and his wife.
Here is the full letter:
Dear Honourable Justice Minister,
We are representing Sheikh Ibraheem El-Zakzaky and Hajia Zeinat El-Zakzaky (“our clients”), and we are writing this letter on their behalf.
Due to the recent decision of the Federal Government to abide by all court orders, our clients have instructed us to request your compliance with the valid and standing orders of the Federal High Court and Kaduna State High Court concerning them, which are as follows:
1. On December 2, 2016, the Federal High Court, under the Honourable Justice G. O. Kolawole, declared the arrest and detention of Sheikh Ibraheem El-Zakzaky and his wife, Hajia Zeinat El-Zakzaky, by armed soldiers as illegal and unconstitutional.
2. The court ordered the state security service to release them from custody immediately, awarded N50m as damages for their illegal detention, and directed the provision of a house for them since their residence in Zaria, Kaduna State, had been burned down and demolished by the Nigerian Army.
3. The Federal Government, however, refused to comply with the aforementioned court orders without any legal basis. The reasons for non-compliance were publicly defended by you and other senior officials of the President Muhammadu Buhari administration.
4. In an attempt to prevent further embarrassment caused by the Shiites’ demand for compliance with the court orders for the release of their leader, the Kaduna State Government charged our clients with various offenses.
5. However, over 300 Shiites alleged to have been incited by our clients have been discharged by the Magistrate Court and High Court of Kaduna State due to lack of evidence.
6. Despite being granted leave to travel to India for urgent medical treatment by the Kaduna State High Court, the Federal Government deliberately denied our clients access to medical treatment in defiance of the court’s order.
7. Since their return from India, our clients have been kept incommunicado until their transfer to the Kaduna Correctional Centre last month. Despite several assurances, authorities at the correctional centre have denied our clients access to any form of medical treatment.
8. Despite the pending criminal case in the Kaduna State High Court, your office and the Presidency have continued to justify the refusal of the Federal Government to comply with the court orders. The statements made by you and other officials are outlined below:
i. The Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, stated that the President Muhammadu Buhari-led government refused to obey Justice Gabriel Kolawole’s order on the release of Sheikh Ibraheem El-Zakzaky due to an ongoing appeal against the ruling.
ii. During your screening for reappointment as the Attorney-General of the Federation, you mentioned that the disobedience of court orders by the Buhari administration in respect of El-Zakzaky and others was based on national security.
iii. Following street protests by the Shiites, the Federal Government announced the proscription of the Islamic Movement in Nigeria on July 27, 2019, after securing an ex parte order from the Federal High Court.
iv. The State Security Service issued a statement on November 14, 2019, justifying the decision of the Federal Government to detain Messrs Sowore and Bakare in defiance of court orders by claiming that they were enjoying themselves in custody.
Following the release of Mr. Omoyele Sowore and Col. Sambo Dasuki (retd) from illegal custody, it was reported that our clients could only be released by the Kaduna State Government. However, the office, the Presidency, and the State Security Service had given contradictory reasons to justify the disobedience of the court orders for the release of our clients until last month.
Based on the above, we urge you to review your position and ensure immediate and unconditional compliance with the valid and standing orders of the Federal High Court and the Kaduna State High Court concerning our clients. This request aligns with the new policy of the Buhari administration to operate under the rule of law.
Best regards,
Femi Falana, SAN, FCI Arb.