Human rights activist, Femi
Falana has warned the Federal Government of Nigeria against its violent
approach to handling members of the Islamic Movement in Nigeria who are
protesting the continued detention of their leader, Ibraheem El-Zakzaky,
despite numerous court orders issued for his release.
Falana expressed concerns over the
method the Federal Government had adopted in a statement on Tuesday. The legal
luminary said the continuous detention of Elzakzaky and killing of peaceful
Shiite protesters by security forces could lead the country into another bloody
war that it could not afford.
“This nation cannot afford
another war of insurgency which is being provoked by the contemptuous conduct
of the federal government in the handling of the case of the Elzakzakys,”
Falana said.
Chronicling the arrest and
detention of Elzakzaky and his wife Malama Zeinab on December 12, Falana said
over 1,000 Shiites were reportedly massacred by soldiers on the orders of the
Nigerian Army high command and given mass burial in an unmarked grave in Mango
village, Kaduna State over allegations of attempt to assassinate Chief of Army
Staff (COAS) Lt.-Gen. Tukur Buratai.
He said, "Even though the
leader of the Shiites, Sheik Ibraheem El-Zakzaky, was not at the scene of the
attack, his residence was invaded by the rampaging troops two days later. The
troops set the house ablaze, shot at El-Zakzaky and his wife, Malama Zeinab
El-Zakzaky and killed three of their sons in cold blood in their presence. As
if such barbaric assault was not enough, the army arrested and held El-Zakzaky
and his wife in custody before handing them over to the Department of State
Services. At that stage, the houses of El-Zakzaky and other leaders in Zaria
were demolished by the Kaduna state on the orders of Governor Nasir El
Rufai.
"After the massacre of the
Shiites and the demolition of the houses of their leaders, the Kaduna state
government instituted a judicial commission of inquiry to probe the violent
attack.
"The detained El-Zakzaky was
prevented from responding to the allegations made against him and his group at
the inquiry. But the judicial commission found that there was no plan by the
Shiites to assassinate General Buratai. It was also revealed at the panel that
the 347 Shiites were massacred by the army in violations of the Army Rules of
Engagement and the Geneva Conventions.
"Apart from condemning the
brutal massacre of the Shiites, the judicial commission recommended that the
culprits be prosecuted.
"Instead of implementing the
recommendation by prosecuting the well-known murderers the Kaduna state
government turned round to charge over 300 Shiites with the culpable homicide
of a soldier who was killed by his colleagues during the attack. But the defence
team convinced the Kaduna state high court to free the Shiites as they were not
involved in the commission of the offence.
"Accordingly, the charge was
dismissed for want of evidence while the trial court proceeded to discharge and
acquit all the defendants. Meanwhile, the suit challenging the illegal
detention of El-Zakzaky and his wife was decided in their favour by the federal
high court on December 2, 2016.
"The presiding judge,
Kolawole J. (as he then was) directed the Federal Government to release the
couple from unlawful custody, pay them N50 million reparation and provide them
with a temporary house since the army had burnt down their residence. But the
Buhari regime has characteristically treated the court orders with arrogant
contempt.
Curiously, the Court of Appeal
has refused to hear the application to commit the Director-General of the State
Security Service for contempt of court! Upon our legal advice, the Shiites
approached three separate high courts to challenge the violation of their right
to assemble and protect peacefully."
He added that despite the orderly
nature in which the Shiites had conducted themselves, the Federal Government,
through the army, was operating with impunity to disrupt the group's peaceful
process.
"The Shiites won the cases
against the Federal Government as the courts upheld their fundamental rights to
freedom of expression, association, and assembly. But out of sheer impunity,
the army has killed about 50 Shiites at Abuja for protesting against the continued
detention of El-Zakzaky and his wife.
"As the federal government
could no longer justify the illegal detention of El-Zakzaky and his wife it
directed the Kaduna state government to file a charge against them. Hence, they
have been charged with culpable homicide at the Kaduna state high court for the
death of the same soldier.
"Pending the trial, the team
of local and international physicians who examined El-Zakzaky and his wife on
the orders of the trial court confirmed that their health has deteriorated and
recommended that they are allowed to travel abroad for urgent medical
treatment. In particular, El-Zakzaky has lost an eye while he is the process of
losing the other one.
"The wife can no longer walk
as a result of the gun wounds inflicted on her during the military attack of
December 2015. Without adducing any reason whatsoever the federal government
has ignored the recommendation of the physicians.
"The Shiites are currently
protesting the refusal of the Buhari regime to release El-Zakzaky and his wife
from custody to enable them to travel abroad to receive urgent medical
treatment at their own expense.
"El-Zakzaky must not be
allowed to die due to medical neglect as it may provoke a crisis of monumental
proportions. Therefore, the federal government should implement the unanimous
resolution of the House of Representatives for the release of El-Zakzaky and
his wife without any further delay.
"Finally, it would be
recalled that the Boko Haram sect declared war on the people of Nigeria in 2009
following the cold murder of its leader, Mohammed Yusuf by the Police. Since
then the nation has known no peace. This nation cannot afford another war of
insurgency which is being provoked by the contemptuous conduct of the federal
government in the handling of the case of the El-Zakzaky.”
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