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By Muhammad Sabiu - Kaduna
The Kaduna State government has filed fresh suit before the state High Court against the planned trip of the leader of the Islamic Movement in Nigeria (IMN), Sheikh Ibrahim El-Zakzaky and his wife, Zeenat, to India to seek medical attention.
This was disclosed in a statement issued and signed by the state commissioner for Internal Security and Home Affairs, Mr Samuel Aruwan, on Wednesday.
According to the statement, the government has asked the Foreign Affairs Ministry to confirm from Medanta Hospital, India, whether it has given El-Zakzaky and wife appointments to visit the hospital and check all diplomatic arrangements regarding the trip.
The statement also asked each of the defendants to make an undertaking that they will come back to face their trial adding that the defendants shall bear the cost of their travelling, medication and living while in India.
Also, the statement said El-Zakazky and his wife should produce two reliable persons as sureties, one being a first-class Emir/chief or a very prominent person in Kaduna who will be present whenever they are needed in court, adding that the Federal government should obtain a guarantee from the Indian government that they will not entertain anything like political asylum from El-Zakzaky or any third party.
The full statement reads: “Malam Ibrahim El-Zakzaky is facing criminal trial before the Kaduna High Court on charges filed in April 2018. The Kaduna State Government is prosecuting Malam Ibrahim El-Zakzaky on an eight-count charge, including culpable homicide punishable with death.
“Himself and his wife are the first and second defendants in the State versus Malam Ibrahim El-Zakzaky and Another (charge no. KDH/KAD/60c/2018), and his plea was taken on 2nd August 2018.
“His application for bail was refused on 4th October 2018, and he has since remained in the lawful custody of the state, and not in unlawful detention as being wrongly disseminated.
“On Monday, 5th August 2019, the Kaduna High Court granted an application for medical leave filed by Mr El-Zakzaky and his wife, Mrs Zeenah Ibrahim. The court specifically said it was granting the two defendants ‘leave to travel out of Nigeria for urgent medical treatment at Medanta Hospital, India, under strict supervision of the respondent and to return to Nigeria (for the continuation of trial) as soon as they are discharged from the hospital.”
“The Kaduna State Government respects the right of anyone to seek treatment anywhere in the world, even for malaria or a common cold, so long as they are paying for it.
“But in the case of persons facing trial for serious offences, necessary safeguards are required to ensure that such persons do not become fugitives from justice or frustrate trial by claiming asylum or the status of a political prisoner in the host country.
“In compliance with the court ruling, the Kaduna State Government has filed at the Kaduna High Court terms for strict supervision of the medical leave, as follows:
“The Ministry of Foreign Affairs of the Federal Republic of Nigeria shall confirm the appointments of the defendants/applicants with the Medanta Hospital, India, and undertake all necessary diplomatic arrangements and protocols to ensure compliance with the conditions of the medical leave.
“Each of the defendants/applicants shall undertake to return to Nigeria to continue their trial as soon as they are discharged from the hospital, and shall also be responsible for the cost of their travel, treatment and living expenses while on their medical leave.
“Each of the defendants/applicants shall produce two prominent and reliable persons as sureties, one being a first-class chief/emir of national repute and the other a prominent person within Kaduna State who shall undertake to produce the defendants whenever they are needed. The sureties must also produce evidence of landed property within Kaduna State.
“The Federal Government of Nigeria shall obtain from the government of India an irrevocable guarantee that it will not entertain any application by the defendants/applicants or any third party seeking asylum under any guise or conferring the status of political prisoners or any other status aside from being medical patients on the defendants/applicants and shall also restrain the defendants/applicants from any act inimical to the corporate existence of Nigeria.
“Each of the defendants/applicants shall undertake in writing, endorsed by their Counsel, that while on medical treatment in India, they shall do nothing to jeopardize the ongoing trial, the peace and security of Nigeria and the laws of the Republic of India in whatever form.
“Security agents of the Federal Government of Nigeria shall escort the defendants/applicants and remain with them throughout the duration of their treatment in India and thereafter shall return with them after their discharge from the hospital.
“The Nigerian High Commission in India shall undertake prior vetting and grant consent before any visitor has access to the defendants/applicants while in the Republic of India.
“As is readily evident from the above, many of these terms of supervision depend for their actualization on actions by the Federal Government of Nigeria which is the sovereign power vested with the constitutional responsibility for foreign affairs.
“While the Kaduna State Government respects the court’s ruling on medical leave, it disagrees with the premises on which it is based. Therefore, an appeal will be lodged on the matter, but a stay of execution will not be sought as the state government believes that a person may choose to travel abroad for any medical condition at his own cost.
“As stated earlier, El-Zakzaky and his wife are defendants in a criminal case. Given the pendency of this case, the proper thing is to await its conclusion. However, the Kaduna State Government notes that perceptions of this case are suffused in a veritable avalanche of deliberate falsehood, disinformation and revisionism, powered by vested interests.
Meanwhile, Kaduna State Government has said campaigns of calumny, misinformation should be stopped as the case between El-Zakzaky and his wife, Zeenat is in progress before the High Court.
Similarly, in another statement issued on Wednesday and signed by Aruwan, the government raised 21 points to support its reason for filing a suit before the state High Court to seek legal redress against the sect.
Among the reasons raised in the statement, the government said: “Between 12-14 December 2015, there were clashes in Zaria between the Nigerian Army and the Islamic Movement in Nigeria (IMN). The clashes began when IMN blocked a public highway and refused to lift the blockade to enable passage by the convoy of the Chief of Army Staff. The clashes resulted in the loss of lives and the destruction of property.
“Following the clashes, IMN leader, Malam Ibrahim El-Zakzaky and his wife, Zeenah Ibrahim, were arrested by the Nigerian Army and passed to the custody of the federal authorities.
“On 29th January 2016, the Kaduna State Government constituted a Judicial Commission of Inquiry into the matter. The 13-member commission of inquiry was chaired by Justice Mohammed Lawal Garba of the Court of Appeal.
“Among other findings, the Judicial Commission of Inquiry assigned responsibility for the Zaria clashes to Malam Ibrahim El-Zakzaky as leader of the IMN. The Judicial Commission of Inquiry noted that ‘members of the IMN gave absolute loyalty to Ibrahim El-Zakzaky. He, therefore, bears responsibility for all the acts of lawlessness committed by the organization and should therefore be held responsible, fully investigated and prosecuted.”
“The Judicial Commission of Inquiry also recommended the proscription of the IMN, noting its disregard for the Constitution and the laws of the Nigerian state.
“The Kaduna State Government accepted these findings of the Judicial Commission of Inquiry and commenced the processes for prosecuting Mr. El-Zakzaky.
“In October 2016, the Kaduna State Government declared the IMN an unlawful society, drawing on powers vested by Section 45 (1) of the Constitution and Section 97A of the Penal Code (Cap 110, Laws of Kaduna State, 1991).
“While in the custody of the Federal Government, Mr El-Zakzaky’s counsels filed a case against the Federal Government for the enforcement of his fundamental rights at the Federal High Court.
“Neither that court nor any other court has made any order against the Kaduna State Government for the release of Mr El-Zakzaky on bail. After the conclusion of the Judicial Commission of Inquiry process, the Kaduna State Government requested the transfer of Mr El-Zakzaky to the state for the legal processes to begin.
“In 2018, the Federal Government eventually acceded to the Kaduna State Government’s request for the transfer of Mr and Mrs El-Zakzaky from its custody to facilitate their proper arraignment before the Kaduna State High Court.
“The eight-count charge in the State versus El-Zakzaky (KDH/KAD/60c/2018) were filed under Sections 59,47, 66, 77, 73, 222 and 78 of the Penal Code Law of Kaduna State.
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