Falana Blasts Buhari Over El-Zakzaky’s Detention

Following the continued detention of the leader of the Islamic Movement in Nigeria, Sheik Ibraheem El-Zakzaky and his wife, Hajia Zainab El-Zakzaky since two years, his Counsel, Mr Femi Falana, SAN, has made a fresh request for their release in a letter to President Muhammadu Buhari.
In the letter dated November 7, 2017, Falana lambasted the Buhari regime for treating the various court orders on their release with disdain.
Falana told Buhari that “In your New Year message of January 1, 2017, you urged members of the Shiite community to embrace peace and obey the laws of the land. At the same time, you directed all law enforcement agencies in the country to treat them humanely and according to the rule of law.
“But in utter contempt of the orders of the Federal High Court and in total disregard of your directive, the State Security Service has refused to release the couple from illegal custody. Thus, dangerous impression has been created by the State Security Service that the Federal Government does not operate under the rule of law.
“In case the Federal Government is not prepared to direct the State Security Service to comply with the orders of the Federal High Court, we are compelled to urge you to order the release of the couple on health grounds. Although Sheik El-Zakzaky lost his left eye while he is on the verge of losing the right eye sequel to the brutal treatment meted out to him by the armed soldiers, the State Security Service has denied him foreign medical treatment recommended by the local specialists who had attended to him. Even the alternative arrangement put in place by the family of the Sheik to bring eye specialists from abroad to treat him in custody has equally been rejected without any legal justification.
“It may interest you to know that the medical condition of Mrs Zainab El-Zakzaky is by far worse than that of her husband. For reasons best known to the State Security Service, some of the bullets lodged in her body during the brutal attack of December 14, 2015, have not been extracted up till now. In the circumstances, she has been subjected to excruciating pain and agony, on a daily basis. Her life which is currently in danger may be saved and prolonged if she is allowed to receive adequate medical attention without any further delay”.
Falana further said that the Judicial Commission of Enquiry which was set up by the Kaduna State Government to investigate the remote and immediate causes of the violent attack unleashed on the Shiites in December, 2015, did not recommend the indefinite incarceration or prosecution of Sheik El-Zakzaky and his wife for any criminal offence whatsoever. Therefore, they should be allowed to regain their fundamental right to personal liberty guaranteed by Section 35 of the Constitution and Article 6 of the African Charter on Human and People Rights (Ratification and Enforcement) Act (CAP A10) Laws of the Federation of Nigeria, 2004.
He also clarified his decision to defend the Islamic cleric who has been accused of being an extremist.
He said “I have heard the argument that El-Zakzaky is a Muslim fundamentalist. I was not engaged to defend any allegation of religious extremism. I know some members of the Islamic Movement in Nigeria serving at the highest level of the Federal Government. I do not want to get engaged in the feud between the Shiites and Sunnis in Nigeria. Even though Buhari is not a Shiite he has been alleged to be a Muslim fundamentalist. I don’t want to get engaged in such sterile and diversionary debates to cover up or justify the reckless brutalisation of the Shiites by the Nigerian Army.
“As far as I am concerned, a citizen can only be said to be lawless in a failed state. But in any country where the rule of law operates, no citizen is above the law. I always insist that any citizen who runs foul of the law should be prosecuted. That is why I am strenuously opposed to impunity in all its ramifications.
“Since December, 2015 when the Sheik Ibraheem El-Zakzaky and his wife were arrested and detained. I have challenged the Federal Government to charge them to court. Neither the Federal Government nor the Army has come up with any charge against them. Governor Nasir el-Rufai of Kaduna State set up a Judicial Commission of Inquiry to probe the military invasion of the worshipping centre of the Shiites in Zaria in December, 2015. The panel did not recommend the trial of El-Zakzaky as he was not found to have committed any criminal offence.
“On the contrary, the judicial panel recommended the prosecution of the armed soldiers who massacred 347 Shiites and buried them secretly in an unmarked grave. The governor has refused to allow the prosecution of the murderers.
Lambasting the Buhari regime for its flagrant disobedience of court order, Falana said “The Buhari regime is struggling to operate under the rule of law. Hence, court orders are treated with disdain. Under the defunct military dictatorship, a citizen could not be detained outside the State Security (Detention of Persons) Decree No 2 of 1984 signed by General Buhari.
“Under the current political dispensation, a citizen cannot be detained beyond 24 or 48 hours without a remand order issued by a magistrate court pursuant to Section 293 of the Administration of Criminal Justice Act. No court has authorised the detention of the El-Zakzakys. On the contrary, a court of competent jurisdiction has annulled their detention,” he added.

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