By Baron Ike
The Federal High Court sitting in Abuja on Friday, December 2, ordered the Department of State Services (DSS) to release leader of the Islamic Movement of Nigeria, Sheikh Ibrahim El-Zakzaky, within 45 days.
Justice Gabriel Kolawole, who made the order also awarded cost to the Federal Government to the tune of N59million to be paid to him.
Kolawole also ordered the Federal Government to provide an accommodation for El-Zakzaky, his wife and family members within Kaduna State or any part of the northern region.
He ruled that continuous detention of El-Zakzaky since December 13, 2015 was unlawful and illegal since the issue of protective custody was unknown to law or the National Security Agencies Act establishing the DSS.
The court thereafter awarded the cost of N25 million as general damages to be paid to El-Zakzaky, who must be released unconditionally to the Inspector General of Police (IGP), within 45 days. It also awarded another N25 million damages to Mrs. Zakzaky, bringing the total cost to N50 million as general damages.
The court ordered the Inspector General of Police (IGP) to convey El-Zakzaky and his wife to the accommodation provided by the government.
Sheikh El-Zakzaky was arrested by soldiers after long hours’ siege on his residence in Zaria on December 13, 2015.
Speaking to Channels Television on Friday, one of his followers confirmed his arrest, saying “I saw armoured tanks demolishing the Hussainiyya shrine and the residence of Sheikh El-Zakzaky.”
The Nigerian Army and members of the sect have accused each other of instigating crises that led to the death of members of the movement few days before his arrest.
The group was outlawed by the Kaduna State Government in October in line with the advice of a panel set up to investigate the clash between the group and the military.
A statement issued by the spokesman for the state governor, Samuel Aruwan, said the government secured an order from the State Executive Council to ban the Islamic Movement from either existing or operating in the state with immediate effect.
In proscribing the group, the government invoked Section 45 (1) of the Nigerian Constitution which empowers the state Governor to take such measures and actions for the promotion and protection of public safety, public order, public morality or public health, or the rights and freedom of all persons in the State.
After his arrest, the DSS said El-Zakzaky, is being detained at his own will. But the council to the leader of the Shiites insisted that his rights were being violated.
Counsel to the DSS, Tijani Gazali, told reporters that the Shiite leader was held by security operatives at his own will and for his benefits.
Gazali said: “He needs not give his consent because it is the duty of the DSS to protect every Nigerian especially one who is as vulnerable as the shite leader is at the moment.”