Femi Falana, a senior advocate of
Nigeria (SAN), has again asked the federal government to release Ibraheem
El-Zakzaky, leader of the Islamic Movement in Nigeria (IMN).
In a letter dated January 2 and
addressed to Abubakar Malami, the attorney-general of the federation (AGF),
Falana said he is making the request in line with the pledge of President
Muhammadu Buhari to respect the rule of law.
In his New Year message on
Wednesday, the president promised that his government’s actions at all times
would be governed by the rule of law.
Restating the court orders granting
bail to El-Zakzaky, Falana said the AGF had given contradictory reasons to
justify the continued detention of the IMN leader.
“In view of the recent decision
of the federal government to comply with all court orders we have the
instructions of our clients to request you to ensure compliance with the valid
and subsisting orders of the federal high court and Kaduna state high court
concerning them which are set out hereunder,” he said.
“On December 2, 2016, the federal
high court presided over by the Honourable Justice G. O. Kolawole (now of the
Court of Appeal) declared illegal and unconstitutional the arrest and detention
of Sheikh Ibraheem El-Zakzaky and his wife, Hajia Zeinat El-Zakzaky by armed
soldiers.
“Consequently, the Court awarded
them N50 million damages for their illegal detention, ordered the state security service to release
them from custody forthwith and provide them with a house since the Nigerian
Army had burnt down and demolished their house in Zaria, Kaduna State.
“Without any legal basis
whatsoever the federal government refused to comply with the aforesaid court
orders. Curiously, the contemptuous acts of the federal government were
publicly defended by your good self and some other high ranking officials of
the Buhari administration.”
Falana in December demanded the
release of El-Zakzaky while reacting to the release of Omoyele Sowore, convener
of Revolution Now Movement.
The Department of State Services
(DSS) had refused to release Sowore despite a court order, until the AGF gave a
directive to that effect.
In his letter, Falana wrote:
“Following the release of Mr. Omoyele Sowore and Col. Sambo Dasuki (retd) from
illegal custody last week you were reported to have said that our clients could
only be released by the Kaduna State
government.
“With respect, your position has
failed to take cognisance of the fact that
your office, the Presidency and the state security service had, up till
last month, repeatedly given contradictory reasons to justify the disobedience
of the aforesaid court orders for the release of our clients.
“In view of the foregoing, we
urge you to use your good offices to review your position and ensure the
immediate and unconditional compliance with the valid and subsisting orders of
the federal high court and the Kaduna State High Court concerning our clients.
This request is in line with the new policy of the Buhari administration to
operate under the Rule of Law.”
El-Zakzaky and his wife have been
in detention since 2015 when some of his followers clashed with soldiers in
Zaria, Kaduna state.
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