The inability of the counsel to the Nigerian Army and the chief of Army Staff to identify and argue the motion it had filed alleging abuse of court process in the suit filed by the leader of the Shiite sect, Sheikh Ibrahim El Zakzaky over the abuse of his human right, the destruction of his headquarters in Zaria and the murder of his three children yesterday forced the Federal High Court, Kaduna to adjourn the case to June 30, 2017 for definite hearing.
The counsel to the Nigerian Army and the Chief of Army staff who are the first and the second defendants respectively in the suit filed by El Zakzaky seeking N2Billion as damages over the killing of his three children and destruction of his headquarters, Hussein Oyebanji told the presiding Judge, Justice Saleh Shuaibu that he was not familiar with the case.
Barrister Hussein Oyebanji stood in for the lead defense counsel, Biola Oyebanji who was not in court.
At the resumed hearing Thursday in Kaduna, counsel to Elzakzaky, Femi Falana, SAN moved an application for the regularisation of the processes that he had filed out of time.
But when counsel to the Nigerian Army and the Chief of Army staff Staff was invited by the presiding judge to identify and argue the motion of objection earlier filed, Barrister Hussein Oyebanji told the judge that he is not conversant with the case.
The following exchange ensued between the judge and the counsel:
Judge: can you conduct this case?
Counsel: We will wait for the substantive Counsel.
Demi Falana: I have never heard that one before.
The Judge adjourned the case to the 30th June to enable the defence identify and argue his motion.
Speaking on after the adjournment, Falana cautioned against foot-dragging in the case.
According to him, “we cannot challenge a violation of human right that occur in a particular state outside that state, because the destruction took place in Kaduna and it shall be determined in the state where the violation of human right took place.”
He said since the government has pledged to operate within the confines of rule of law, the government must uphold order of a competent court, arguing that it is Zakzaky today, it might be another person from government official tomorrow.
His words: “this government has pledged to operate under the rule of law, so for that reason, by the virtue of section 387 of the constitution, all authorities and person are bind by judgement. so a government that goes to court everyday to ask for justice can not go their to justify disobedience to court order, this is barbaric and primitive. so we are not going to allow that” he said.
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