Falana writes AGF, demands release of Zakzaky, wife

By Abdulaziz Abdulaziz
Abuja

Human rights lawyer and counsel to leader of the Islamic Movement in Nigeria (IMN), Sheikh Ibraheem Zakzaky, Mr. Femi Falana, has written to the Minister of Justice and Attorney-General of the Federation, Mr. Abubakar Malami, demanding for immediate release of Zakzaky and his wife, Malama Zeenat Ibraheem Zakzaky.

In the letter, which was copied to Acting President Yemi Osinbajo, Falana reminded the AGF of the December 2, 2016 judgment of the Federal High Court in Abuja which declared the detention of the couple as illegal and ordered their immediate release from the custody of the State Security Service within 45 days.

“Since the Nigerian Army and the Kaduna State government had  engaged in the illegal destruction of the residence of our clients in December 2015 the court ordered the Federal Government to provide a temporary accommodation for them. The court also awarded reparation of N50 million to the couple,” he recalled.

Falana said despite the expiration of the deadline issued by the court on January 16, 2017 “the State Security Service has refused to release our clients from custody in utter contempt of the valid and subsisting order of the Federal High Court. The Federal Government has equally refused to comply with the other terms of the judgment.”

“In view of the avowed commitment of the Buhari administration to operate under the rule of law we urge you to use your good offices to ensure that our clients are released from illegal incarceration without any further delay.”
Falana faulted the appeal filed the federal government saying it has no basis in law.

“Having regard to the facts and circumstances of this case we are compelled to remind you of the case of Nigerian Army v Mowarin (1992) 4 N.W.L.R. (pt 235) 345 where the Court of Appeal dismissed the motion for stay of execution of the judgment of the Lagos high court for the release of the appellant. In justifying the ruling of the Court of Appeal, Kalgo J.C.A. (as he then was) held that “the refusal  of the application will not cause any injury to the applicant, but if the application is granted, the respondent will continue to suffer personally in detention after the court has declared her detention unlawful ab initio.” Based on the dismissal of the application for stay of execution the then military junta released the respondent  from further custody.

“In line with the principle of law espoused by the Court of Appeal in the case of Nigerian Army v Mowarin (supra) your office has not filed any application for stay of the execution of the judgment of  the Federal High Court which has ordered the Federal Government to release our clients from the unlawful custody of the State Security Service.”

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