SAN FRANCISCO, July 06, (THEWILL) – The Federal High Court sitting in Kaduna has ruled that the suit filed by the leader of the Islamic Movement of Nigeria, IMN, Ibrahim El-Zakzaky and his wife Zeenat against the Nigerian Army and three others for alleged violation of his fundamental rights is an abuse of court process.
The applicant in the suit and Shiites
leader, El-Zakzaky had dragged the Nigerian Army, Chief of Army Staff, Lt. General Tukur Buratai, Attorney-General of the Federation, AGF, and the Kaduna State Government before the Federal High court in Kaduna.
They were charged over the alleged Killings of the children of El-Zakzaky; and destruction of his house during the Zaria clash that happened in December 2015.
The applicants are asking for a sum of N2billion as damages from the defendants.
THEWILL recalls that Justice Gabriel Kolawole-led Federal High Court in Abuja had earlier delivered judgment on the infringement of the fundamental rights and unlawful detention of El-Zakzaky and his wife, while he ordered for their release within 45 days, provision of befitting accommodation and the payment of damages to the tune of N50million to them.
Delivering a 45-minute judgment, Justice Salah Musa Shuaibu held that where there is an abuse of court proceeding, the striking out of the case is necessary.
He urged legal practitioners to stop the practice of filling same cases in different courts to avoid undesirable consequences of the courts decision’s.
The judge further argued that the court cannot review the judgement of the Federal High Court sitting in Abuja as it did not have the jurisdiction to do so.
Disagreeing with the ruling, El-Zakzaky’s counsel, Mr. Festus Okoye stated that the relief sought at the Federal High Court in Kaduna is different from the one that was filled at the Abuja High Court presided over by Justice Kolawole.
He went on to tell newsmen that the legal team will study the judgment and take a decision on whether or not to file an appeal.
